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

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

Article 3 of the Convention. Right of workers’ and employers’ organizations to organize their activities and formulate their programmes. The Committee had previously noted that section 198F of the Labour Code grants specific advantages to trade unions representing more than 35 per cent of employees, and that section 198G(1) of the Labour Code provides that only members of registered trade unions representing more than 35 per cent of the employees in enterprises employing ten or more employees were entitled to elect workplace union representatives. The Government had indicated that the issue would be examined by the National Advisory Committee on Labour which was working on a reform of the labour legislation. The Committee had trusted that the Government would ensure, through the reform of the labour legislation, that the distinction between most representative and minority unions did not result in granting privileges that would unduly influence workers’ free choice of organization. The Committee regrets that no information has been provided by the Government in its report in this respect and recalls that workers’ freedom of choice may be jeopardized if the distinction between most representative and minority unions results, in law or in practice, in granting privileges such as to influence unduly the choice of organization by workers. The Committee further recalls that the distinction should be limited to the recognition of certain preferential rights (for example, for such purposes as collective bargaining, consultation by the authorities or the designation of delegates to international organizations). The Committee requests the Government to take measures, including in the context of the ongoing labour law reform, to ensure 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. It requests the Government to provide information on all progress made in this respect.

Articles 2, 3 and 5. Public officers’ associations. In its previous comments, the Committee had requested the Government to indicate if public officers’ associations were subject to the obligations requiring a registered society to supply to the Registrar-General, upon his or her order at any time, a list of office bearers and members of the society, the number and place of meetings held within the preceding six months, and such accounts, returns and other information as he or she thinks fit (section 14(1)(b), (c) and (d) of the Societies Act), or whether they fall within the exception of section 14(2) of the Societies Act (which provides that the Registrar-General shall not order a political association to furnish its minutes, information on its meetings, accounts, correspondence or lists of its members, except to the extent that is necessary to ascertain the constitution, rules and office bearers of that association). In addition, the Committee expressed the hope that measures would be taken to ensure that public officers under the Public Service Act were able to establish and join federations and confederations, and affiliate with international organizations.

The Committee notes the Government’s indication that public officers’ associations are not exempted under section 14(2) of the Societies Act. However, the Committee also notes the Government’s indication that, in the context of discussions between the Ministry of Labour and Employment and the Ministry of Public Service concerning possible legislative amendments, the Ministry of Public Service’s Strategic Plan for 2016–19 has been endorsed by the Cabinet. It notes with interest that the Strategic Plan includes amending the Public Service Act to accommodate trade unionism, under priority 6 concerning the enhancement of public officers’ welfare, with a projected time frame of April to July 2017 for start and completion dates. It further notes the Government’s indication that the Ministry of Labour and Employment has successfully developed a draft Labour Policy, which will be tabled in the Cabinet. The draft Policy underlines the application of international labour standards to all workers across sectors, including public servants, and the Government indicates that accordingly, the rights under the Convention will be enjoyed by public servants. The Committee welcomes this explanation and requests the Government to pursue its efforts to amend the Public Service Act to ensure organizations of public officers are not subject to the obligations outlined in section 14(1)(b), (c) and (d) of the Societies Act, and that their supervision is limited to the obligation of submitting periodic financial reports or where there are serious grounds for believing that the actions of an organization are contrary to its rules or the law. It further 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. It requests the Government to provide information on developments in this regard, including any legislation adopted in this respect.

The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

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