Direct Request (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)

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2017 which refer to the matters dealt with by the Committee below.

Civil liberties. The Committee notes the observations of the ITUC alleging that the secretary general and acting president of the correctional service staff association was suspended and subsequently dismissed in 2016 for commenting publicly on a Correctional Service Bill, which regulated offences and punishment for the correctional service staff. The Committee recalls that the freedom of opinion and expression and, in particular, the freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers, constitute civil liberties which are essential for the normal exercise of trade union rights. The Committee requests the Government to provide its detailed reply to the allegations set out above.

Article 3 of the Convention. Public Services Act. Restrictions on the exercise of the right to strike and compensatory guarantees. In its previous comments, the Committee requested the Government to amend section 19 of the Public Services Act (2005) so as to ensure that the prohibition of the right to strike in the public service is limited to public servants exercising authority in the name of the State, and to ensure adequate compensatory guarantees for those workers deprived of the right to strike. The Committee notes the Government’s indication that the Ministry of Labour and Employment intends to request technical assistance from the ILO to sensitize political leaders on the provisions of the Convention and to bring clarity on the notion of strikes as a lack of understanding of this issue appears to be an obstacle. Noting the Government’s indication that amendments to the Public Services Act are under consideration, the Committee requests the Government to take measures to amend section 19 of the Act to ensure that public servants other than those exercising authority in the name of the State are able to exercise the right to strike and that adequate compensatory guarantees exist for workers who are deprived of the right to strike. It requests the Government to provide information on measures taken in that respect, including any awareness-raising activities carried out on the issue.

Protest action. The Committee notes the observations of the ITUC alleging that public servants and workers in the correctional service were prohibited by the Ministry of Public Service from participating in a stay-away action and protest march organized in May 2016 by a number of non-state actors, trade unions and businesses represented by the Lesotho Chamber of Commerce and Industry. Recalling that, in its 2012 General Survey on the fundamental Conventions, the Committee indicated that trade unions responsible for defending socio-economic and occupational interests should be able to use protest action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members (paragraph 124), the Committee requests the Government to provide its detailed comments on these allegations.