Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Abolition of Forced Labour Convention, 1957 (No. 105) - Lesotho (Ratification: 2001)

Incidence of compulsory prison labour. In its previous comments, the Committee noted that, under Rule 54(1) of the Prison Rules, work is compulsory. The Committee requested the Government to provide information on the application in practice of certain provisions of the Penal Code, 2010 and the Public Meetings and Processions Act, 1993 under which penal sanctions involving compulsory prison labour might be imposed on persons as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee noted the Government’s indication that Rule 54(1) of the Prison Rules is no longer applied by the prison wardens, and that a Bill to repeal the prison rules that contravene the aforementioned standards was being drafted. The Committee requested the Government to provide a copy of the Bill repealing the Prison Rules, once adopted.

The Committee notes the Government’s information that the draft Correctional Service Regulations Bill, 2016 does not contain any provision that requires a convict to undertake hard labour. The Committee notes, however, that according to section 60 of the draft Bill, every inmate sentenced to imprisonment shall be required to do useful work for not more than ten hours. The Committee requests the Government to indicate how the provisions of section 60 of the draft Correctional Service Regulations Bill requiring a convict to undergo compulsory labour will be applied for the offences contained in the provisions of the legislation mentioned below.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour for holding or expressing political or ideological views. 1. 2010 Penal Code Act. In its previous comments, the Committee noted that certain provisions of the 2010 Penal Code Act, notably sections 78 (expression of hatred or contempt); 79 (offences against the Royal Family); and 101–104 (defamation) could involve the expression of political views or views ideologically opposed to the established political, social or economic system. The Committee also noted that no penalties were provided for these offences in the schedule of penalties (contained in Part X of the Penal Code Act), and that the imposition of the penalty was at the discretion of the court. The Committee requested the Government to provide information on the application in practice of the above-mentioned provisions of the Penal Code Act.

The Committee notes the Government’s information in its report that no cases were recorded under section 78 of the Penal Code, while one case under section 79 of the Penal Code is currently awaiting trial. The Committee also notes the Government’s information that a case of criminal defamation under sections 101, 102 and 104 of the Penal Code for publishing an article in a newspaper against the then Commander of Lesotho Defence Force was brought before the Constitutional Court on 21 May 2018. The court, in its judgment, held it undesirable to criminalize defamation cases for the reason that the charges were inconsistent with the fundamental right to freedom of expression enshrined in the Constitution. The Committee requests the Government to continue providing information on the application in practice of sections 78, 79, 101–104 of the Penal Code Act, to enable it to assess to what extent these provisions are compatible with the Convention. The Committee also requests the Government to provide information on any court decisions that illustrate the application of such provisions, indicating the penalties imposed in this respect.

2. Public Meetings and Processions Act, 1993. The Committee previously noted that, under section 6(1) and (3) of the Public Meetings and Processions Act, 1993, a person who organizes or assists in organizing or attends or takes part in a meeting or procession in contravention of a direction or a condition imposed by a police officer, commits an offence and is liable on conviction to a fine or imprisonment for a term of up to one year. The Committee considered that section 6(1) and (3) of the Public Meetings and Processions Act was drafted in broad terms, and requested the Government to take the necessary measures to bring the Act into compliance with the Convention, as well as to provide information on the application of the above sections in practice. 

The Committee notes the Government’s information that there have been instances where the conditions imposed by police officers or headman for holding a public meeting or procession were breached and suspects charged under the above Act. However, the Government report does not provide any information on the penalties imposed for such offences. The Committee therefore once again requests the Government to provide information on the application of section 6(1) and (3) of the Public Meetings and Processions Act in practice, including the penalties applied and supplying sample copies of relevant decisions which could define or illustrate their application. The Committee further requests the Government to ensure that the Act is applied in conformity with the Convention so that persons organizing or participating peacefully in meetings expressing opposition to the established political system may not be punished by imprisonment entailing compulsory labour.