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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Lesotho (Ratification: 1998)

Article 1 of the Convention. Discrimination based on sex. With regard to the implementation of the Legal Capacity of Married Persons Act, 2006, the Committee welcomes the legal reforms enacted through the Companies Amendment Act, 2008 and the Lesotho Bank Amendment Act, 2008, which respectively allow women to become directors of companies and access credit without the consent of their husbands, as well as the Land Act, 2010, which provides for joint titling of immovable property among married couples. The Committee also notes that the harmonization of the Legal Capacity of Married Persons Act and the customary laws classifying women as minors has been cleared by the office of the Attorney-General, and is being prepared for submission to the Cabinet and Parliament. The Committee notes that under the Project on Gender Equality in Economic Rights, 6,000 people including police, chiefs, traditional leaders and judicial officers have been trained on gender and economic rights. The project has also created television and radio programming on gender equality and women’s rights in order to influence societal attitudes towards women. The Committee asks the Government to continue to provide information on the activities under the Project on Gender Equality in Economic Rights, and their impact on women’s employment and access to occupations. Please also continue to provide information on the progress made towards full implementation of the Legal Capacity of Married Persons Act, including information on the harmonization process of the Act and customary laws which classify women as minors.

The Committee notes that as a result of the review of the Basic Conditions of Employment for Public Officials in 2011, paid maternity leave was extended from 60 to 90 days. As regards the private sector, the Committee notes that the new Labour Code Wages (Amendment) Order which came into force on 1 October 2011 stipulates that employees in the textile, clothing, leather clothing and leather manufacturing sectors are entitled to receive two weeks paid maternity leave, employees in the private security sector are entitled to receive six weeks paid maternity leave and six weeks unpaid maternity leave, while any other employee is entitled to receive six weeks paid maternity leave before confinement and six weeks paid maternity leave after confinement. The Committee notes that these benefits apply to women who have been employed by the same employer for at least one year, and are limited to two confinements per employee during her employment with the same employer. The Committee recalls that maternity protection is a precondition for gender equality and for non-discrimination in employment and occupation as enshrined by the Convention (General Survey on the fundamental Conventions, 2012, paragraph 784). Noting the absence of maternity protection and benefits for women employed with the same employer for less than one year or after the second confinement, thus limiting their employment opportunities, the Committee asks the Government for information on any steps taken to address this matter. The Committee also asks the Government to provide information on the composition of the workforce, disaggregated by sex, in the textile, clothing, leather clothing and manufacturing sectors, and to assess the potential discriminatory impact on women of the shorter length of maternity leave in these sectors. The Government is also requested to provide information on the number of women dismissed while pregnant, and the number of whose employment was terminated when the length of leave extended beyond that provided in the Order.

Sexual harassment. The Committee notes the Government’s indication that the Directorate of Dispute Prevention and Resolution (DDPR) does not focus much of its attention on sexual harassment as it does not perceive it to be prevalent in the workplace, and that there have been no cases of sexual harassment recently filed with the DDPR or the Labour Court. The Government states that it will bring the Committee’s previous comments regarding the collection of examples of good practices on workplace measures to prevent sexual harassment to the attention of the DDPR. The Government also indicates that the ILO–International Finance Corporation (IFC) Better Work Lesotho programme has developed tools to help employers detect sexual harassment in the workplace. The Committee notes from the May 2012 Better Work Lesotho report that sexual harassment remained a sensitive issue among female workers, with some female workers expressing fear that a refusal of the advances from their male supervisors would result in repercussions. The Committee asks the Government to provide information on the practical measures taken or envisaged to prevent and address sexual harassment, and the impact of the tools developed through Better Work in this regard. The Committee also requests information on progress made regarding the collection of examples of workplace measures to address sexual harassment.

Article 2. Equality of opportunity and treatment between men and women. With regard to the Gender and Development Policy, 2003, the Government states that it is envisaged that the review of the policy will be completed next year. The Committee notes that according to the Government, the ILO Project on Woman’s Entrepreneurship Development and Gender Equality (WEDGE) has assisted in the establishment of the Federation of Lesotho Women Entrepreneurs which aims to facilitate the integration of Basotho women into the mainstream economy. The Committee also notes that banks have developed a quick loan product which provides women with easier access to credit in order to start their own businesses. The Government indicates that a study assessing the situation of women in Lesotho was completed in May 2011. The Committee reiterates its request for specific information on the number of women participating in entrepreneurship skills training and on those who have succeeded in establishing their own business. The Committee also repeats its request for statistical information, disaggregated by sex, on employment in all sectors of the economy. Please also provide a copy of the May 2011 study on the situation of women in Lesotho.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Government indicates that although it is committed to fulfilling its obligations under the Convention, it will take time to provide information on the employment situation of different ethnic communities due to capacity constraints. The Committee notes the Government’s statement that the Better Work Lesotho programme pays particular attention to the working conditions of Chinese factory workers, and that there have been no concerns raised regarding discrimination in the compliance synthesis reports published by Better Work Lesotho. The Committee encourages the Government to take steps to collect information on the employment situation of different ethnic communities, and requests information on progress made in this regard.

HIV/AIDS status. The Committee notes from the Government’s report to the Working Group on the Universal Periodic Review of the Human Rights Council that an HIV/AIDS bill is currently under preparation which will provide a legal framework for interventions (A/HRC/15/7, 16 June 2010, paragraph 17). The Committee asks the Government to provide information on the content and status of the HIV/AIDS Bill, and encourages the Government to ensure that the bill includes protection from employment-related discrimination and stigma on the basis of real or perceived HIV status, and in this context draws the Government’s attention to the HIV and AIDS Recommendation, 2010, (No. 200).

Parts III and IV of the report form. Enforcement. The Committee notes from the Government’s report that there have been no cases of discrimination dealt with by the courts or the labour inspectorate. The Committee requests the Government to provide information on measures taken with the cooperation of the social partners to raise awareness of the principle of the Convention and the avenues for redress. Please continue providing information on any cases of discrimination dealt with by the courts, the labour inspectorate or other competent bodies.