Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Lesotho (Ratification: 1966)

In its previous direct request, the Committee had requested the Government to indicate the manner in which public officers’ associations may become registered and how the Societies Act protects the right of public officers to form associations for the purpose of collective bargaining. The Committee notes that the Government indicates in its report that under section 22 of the Public Services Act, public officers may form a public officers’ association under the provisions of the Societies Act 1966 and that once registered, the association shall have the right to engage in collective bargaining, if it meets the requirements of section 22(2) of the Public Services Act. The Committee notes that under section 2 of the Societies Act, a “society” includes any association of ten or more persons, whatever its nature or object.

Moreover, the Committee notes that the Registrar-General may, at any time, by notice under his hand, order a registered society to supply to him, in writing, under section 14(b) of the Societies Act, a true and complete list of office-bearers and of the members of the society distinguishing (if so ordered) those residing in Lesotho or present there at the date of the order; under section 14(c) a true and complete return of the number and place of meetings of the society held within the period of six months immediately preceding the order; and under section 14(d) such accounts, returns and other information as he thinks may fit. The Committee recalls that the supervision of trade union accounts should be limited to the obligation of submitting periodic financial reports or where there are serious grounds for believing that the actions of an organization are contrary to its rules or the law. Similarly, there is no violation of the Convention if such verification is limited to exceptional cases, for example, in order to investigate a complaint, or if there have been allegations of embezzlement. Both the substance and the procedure of such verifications should always be subject to review by the competent judicial authority affording every guarantee of impartiality and objectivity (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 125). The Committee requests the Government to indicate if public officers’ associations are subject to the obligations indicated in section 14(b)(c)(d) of the Societies Act or if they fall under the exception of section 14(2) of the Societies Act.