Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee notes the observations made by the International Organisation of Employers (IOE) in a communication received on 1 September 2014.

Article 3 of the Convention. Right of workers’ and employers’ organizations to organize their activities and formulate their programmes. In its previous comments, the Committee referred to section 198F of the Labour Code which grants specific advantages to trade unions representing more than 35 per cent of employees, and to section 198G(1) of the Labour Code that provides that only members of registered trade unions representing more than 35 per cent of the employees of enterprises employing ten or more employees were entitled to elect workplace union representatives. The Committee notes the Government’s indication that, following the Parliamentary Counsel’s advice that existing labour legislation and proposed amendments (in particular the 2006 Draft Amendment Bill) should be consolidated into one piece of legislation, ILO technical assistance has supported the appointment of an independent consultant and a task team under the National Advisory Committee on Labour (NACOLA) has been established to drive the review process. The Committee trusts that the Government will ensure, through the forthcoming reform of the labour legislation, that the distinction between most representative and minority unions does not result, in law or in practice, in granting privileges that would unduly influence workers’ free choice of organization.

Article 5. Public service. Right to form federations and confederations. In its previous comments, the Committee had requested the Government to ensure that public officers’ associations established under the Public Services Act were guaranteed the right to establish federations and confederations and affiliate with international organizations. Noting that the Government has not replied specifically to this point and, in the context of discussions between the Ministry of Labour and Employment and the Ministry of Public Service concerning possible legislative amendment, the Committee firmly hopes that the Government will take the necessary measures to ensure that public officers are able to establish and join federations and confederations and affiliate with international organizations.

The Committee is raising other matters in a request addressed directly to the Government.