Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Forced Labour Convention, 1930 (No. 29) - Lesotho (Ratification: 1966)
Protocol of 2014 to the Forced Labour Convention, 1930 - Lesotho (Ratification: 2019)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. Law enforcement measures and protection and reintegration of victims. The Committee notes with interest the enactment into law of the Anti-Trafficking in Persons Act on 11 January 2011. Section 5(1) and (2) of the Act prohibit trafficking in persons and children and provides for a penalty of between 25 years and life imprisonment or a fine of up to 2,000,000 Lesotho malotis (LSL) for this offence (approximately US$230,000).The Committee further notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 21 October 2011, while welcoming the adoption of the Act, expressed concern about the continuing prevalence of trafficking in women and children, the low reporting rate and the lack of shelters and counselling services for victims of trafficking (CEDAW/C/LSO/CO/1-4, paragraph 24). The Committee requests the Government to provide in its next report information on the practical application of the Anti-Trafficking in Persons Act, including the number of investigations, prosecutions and convictions. The Committee also requests the Government to indicate the measures it has taken to strengthen the capacity of law enforcement agencies to combat trafficking in persons. It further requests the Government to provide information on the measures taken to provide protection and assistance to victims of trafficking with a view to facilitating their subsequent reintegration into society.

2. Adequate penalties. The Committee observes that pursuant to section 5(1) and (2) of the Anti-Trafficking in Persons Act, a person convicted of trafficking could possibly only be convicted to pay a fine. In this respect, the Committee refers to the explanations contained in paragraph 137 of its General Survey of 2007 on the eradication of forced labour and recalls that given the seriousness of the offence and the dissuasive effect that the penalties should have, legislation providing for a fine or imprisonment cannot be considered effective. The Committee therefore requests the Government to indicate how this provision of the Act has been applied in practice, providing in particular information on the specific penalties imposed on persons convicted under section 5(1) and (2) of the Anti-Trafficking in Persons Act.