Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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. Trafficking in persons. 1. Law enforcement measures and protection and reintegration of victims. The Committee previously noted the Anti-Trafficking in Persons Act, 2011, which prohibits trafficking in persons and children and provides for a penalty of between 25 years and life imprisonment or a fine of up to 2 million Lesotho malotis (LSL) (approximately US$230,000). It also noted the concluding observations of the Committee on the Elimination of Discrimination against Women of October 2011 which 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 notes the Government’s indication in its report that a case of a foreign worker subjected to forced labour is currently under investigation. Yet it is not clear from the information provided whether the case will be prosecuted under the Anti-Trafficking in Persons Act. Considering the absence of information on this point in the Government’s report, the Committee again requests the Government to provide information on the practical application of the Anti-Trafficking in Persons Act, including the number of investigations, prosecutions and convictions. The Committee reiterates its request to the Government, in its next report, to indicate the measures it has taken to strengthen the capacity of law enforcement agencies to combat trafficking in persons. The Committee also again 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 re-integration into society.

2. Adequate penalties. The Committee previously observed 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 referred to the explanations contained in paragraph 137 of its General Survey of 2007 on the eradication of forced labour and recalled 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. Noting that the Government’s report contains no information on this point, the Committee is bound to again request 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.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. The Committee notes that section 314A(1) of the Criminal Procedure and Evidence (Amendment) Act, 1998 enables the Court to replace a sentence of imprisonment or detention for a person convicted of a minor offence (for which the Court may pass a sentence not exceeding 18 months of imprisonment) by an order to perform community services. It further notes that pursuant to sections 314A(2) and 320A of the same Act, the procedures for the implementation of a sentence to perform community service are laid down in the rules made by the Chief Justice. The Committee requests the Government to clarify whether the imposition of a sentence of community service requires the consent of the convicted person. It also requests the Government to provide a copy of the rules governing community service and to provide more detailed information on the nature of the work performed in the context of community work, as well as on the organizations for the benefit of which this work is carried out.