Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 1 of the Convention. Discrimination based on sex. The Committee notes the Government’s indication that the Lesotho Law Reform Commission has undertaken research and issued a report on the codification and review of the legislation on inheritance, succession, wills and the administration of estates. The report, which is awaiting validation by stakeholders, includes a recommendation that civil rights marriage benefits and customary law rights benefits be codified and harmonized. The Government states that the Coalition Agreement of 2015 indicates that the Law Reform Commission is to be reviewed and restructured to ensure that the laws are relevant and appropriate for contemporary realities. The Government envisages that the restructuring will ensure the rapid harmonization of all laws. The Committee hopes that the Government will soon be in a position to report on the progress made on the harmonization of civil laws and customary laws through the Law Reform Commission or otherwise, in particular with respect to the consideration of women as minors. The Committee asks the Government to provide information on the impact of any changes in the law on the employment opportunities of women. The Committee also asks the Government to provide information on any practical measures taken to enable women to exercise their rights effectively under the law.

The Committee notes once again that provisions conferring maternity-related benefits, including entitlement to maternity leave, only apply to women who have been employed by the same employer for at least one year and are limited to two pregnancies (in the case of 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 in the Convention (General Survey on the fundamental Conventions, 2012, paragraph 784). The Committee notes the Government’s indication that a Social Security Bill, which is expected to be adopted in 2018, is intended to afford maternity protection and benefits to all women workers in all sectors. The Government also indicates that neither the Directorate of Dispute Prevention and Resolution (DDPR) nor the labour courts have recorded any cases of dismissal of pregnant or breastfeeding women due, among other reasons, to the agreements concluded between employers and buyers in the textile industry. The Committee asks the Government to provide information on the progress made in the adoption of the Social Security Bill and on its implementation in practice. The Committee further asks the Government to ensure protection against the dismissal of women on the basis of pregnancy or maternity, and to provide information on any such cases detected by or submitted to labour inspectors.

Sexual harassment. The Committee recalls that the May 2012 Better Work Lesotho Report found that sexual harassment remained a sensitive issue among women workers, with some women workers expressing fear of retaliation in case of a refusal. The Committee welcomes the development of two training modules and the publication of articles by the DDPR addressing the issue of sexual harassment. The Government adds that the Ministry of Labour and Employment and the Better Work Programme have signed a Zero Tolerance Protocol that identifies sexual harassment as zero tolerance conduct in the workplace. The Committee also recalls that, under section 200 of the Labour Code of 1992, “[a]ny person who offers employment or who threatens dismissal or who threatens the imposition of any other penalty against another person in the course of employment as a means of obtaining sexual favours or who harasses workers sexually shall commit an unfair labour practice”. The Committee asks the Government to provide information on the measures taken to disseminate the training modules designed by the DDPR and the Better Work Tool Kit. It further asks the Government to provide information on any preventive steps taken at the national level and at the level of the enterprise, for example awareness raising, and any follow-up to the Zero Tolerance Protocol since the Better Work Programme ceased to operate in Lesotho. The Committee further asks the Government to provide information on any cases of sexual harassment dealt with by labour inspectors or the courts or tribunals, including the sanctions applied and remedies granted.

Article 2. National policy on equality of opportunity and treatment. With respect to the impact of the Project on Gender Equality in Economic Rights, the Committee notes the Government’s indication that training has been delivered. Women were informed of their land rights and some of them have become commercial farmers when they realized that they were joint owners of the land. A large number have also become employers and have been able to develop businesses, such as beauty salons, even without educational qualifications. The Committee asks the Government to continue providing information on the steps taken or envisaged to promote equal access for women to vocational training and employment. It further asks the Government to provide information on any steps taken to promote equality of opportunity and treatment irrespective of race, colour and national extraction and to prohibit discrimination related to these grounds. The Committee asks the Government to provide information on any discrimination cases dealt with by labour inspectors or the courts or tribunals.

Real or perceived HIV/AIDS status. The Committee notes from the Government’s report that the HIV/AIDS Bill was put on hold when the National AIDS Commission ceased to operate. It also notes that the AIDS Commission was reinstated following the adoption in 2016 of the National AIDS Commission Act. Drawing once again the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), the Committee invites the Government to ensure that the Bill includes protection from discrimination and stigma in employment and occupation on the basis of real or perceived HIV status and asks the Government to provide a copy of the Act once it has been adopted. The Committee further asks the Government to provide information on any steps taken to combat discrimination based on real or perceived HIV status.

Enforcement. The Committee notes from the Government’s report that, since the Better Work Programme has ceased its operations in the country, the inspectorate and the labour information departments in the Ministry of Labour and Employment have been strengthened. Further, a special unit has been created in the Ministry aimed at raising awareness of all the Conventions ratified by Lesotho. According to the Government, this unit will work in cooperation with the social partners to promote the principles of the Conventions ratified by the country, including this Convention. The Committee asks the Government to provide information on the preventive and monitoring activities carried out by labour inspectors and the special unit specifically relating to discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, as well as information on any cases of discrimination dealt with by the courts or other competent bodies.