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

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

Article 1(1)(a) of the Convention. Discrimination based on sex. The Committee recalls that the Lesotho Law Reform Commission had issued a report on the codification and review of the legislation on inheritance, succession, wills and the administration of estates. The report includes a recommendation that civil rights marriage benefits and customary law rights benefits be codified and harmonized to ensure that the laws are relevant and appropriate for contemporary realities. The Committee recalls that the Law Reform Commission was to be reviewed and restructured to ensure that the laws are relevant and appropriate for contemporary realities. The Committee notes with regret the Government’s indication, in its report, that the report on the codification and review of the legislation on inheritance, succession, wills and the administration of estates is still awaiting validation from the relevant stakeholders. 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 the meantime, the Government is requested to provide information on: (i) any other measures taken specifically to prevent continued application of customary law regarding marital powers restricting women’s equality in employment and occupation; (ii) the impact of any changes in the law on the employment opportunities of women; and (iii) any concrete measures taken to enable women to exercise their rights effectively under the law.

The Committee notes the Government’s indication that the Labour Code was amended to extend maternity leave from 12 to 14 weeks. The Government also refers to a 2016 court ruling in which the court reinstated female soldiers who had been dismissed on the ground of their pregnancy. The Committee recalls, however, that currently 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). In this regard, the Committee recalls that a Social Security Bill, expected to be adopted in 2018, intends to afford maternity protection and benefits to all women workers in all sectors. It notes the Government’s indication that the Bill is still being drafted. Recalling that maternity protection is a precondition for gender equality and for non-discrimination in employment and occupation, as enshrined in the Convention, the Committee again asks the Government to: (i) take the necessary steps to ensure that all women have access to maternity leave; (ii) provide information on the progress made in the adoption of the Social Security Bill and on its implementation in practice; and (iii) continue to provide information on any cases detected or submitted to labour inspectors or the courts, relating to the dismissal of women on the basis of pregnancy or maternity.

Sexual harassment. The Committee recalls that although section 200 of the Labour Code prohibits sexual harassment, it remains a sensitive issue among women workers, with some women workers expressing fear of retaliation in case of a refusal to succumb to sexual advances. The Committee notes that under the Strengthening of Labour Inspections Project, supported by the ILO, the Ministry of Labour raised awareness on sexual harassment through radio programmes and two popular newspapers. Nevertheless, the Government indicates that no sexual harassment cases have been reported either by the courts or the labour inspectorate. The Committee recalls that the absence of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 790). The Committee therefore asks the Government to undertake an assessment of the effectiveness of the complaints procedures currently available and to provide information on the measures taken to disseminate the training modules designed by the Directorate of Dispute Prevention and Resolution and the Better Work Programme Tool Kit. The Committee also asks the Government to continue to provide information on: (i) 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; and (ii) any cases of sexual harassment dealt with by labour inspectors or the courts or tribunals, including the sanctions applied and remedies granted.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 1(1)(b). Discrimination based on disability. The Committee notes, from the 2020 Government’s report to the Human Rights Committee of the United Nations monitoring the implementation of the International Covenant on Civil and Political Rights (CCPR), that a Bill has been tabled before the Parliament to prohibit discrimination on the ground of disability (CCPR/C/LSO/2, 22 April 2020, paragraph 53). Welcoming this proposed Bill, the Committee asks the Government to keep it informed of the adoption and enactment of the definitive version of the Bill and to provide a copy of the law once adopted.

Real or perceived HIV/AIDS status. The Committee recalls that an HIV/AIDS Bill was being drafted under the supervision of the National AIDS Commission. It notes the Government indication that the Bill has not yet been adopted.  Drawing once again the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), the Committee asks the Government to: (i) ensure that the Bill includes protection from discrimination and stigma in employment and occupation on the basis of real or perceived HIV status, (ii) provide a copy of the Act once it has been adopted; and (iii) provide information on any steps taken to combat discrimination based on real or perceived HIV status.

Article 2. National policy on equality of opportunity and treatment. The Committee notes, from the Government’s report on the application of the CCPR, that the Department of Gender under the Ministry of Gender and Youth, Sports and Recreation, is tasked, among others, to promote and nurture gender equality, and has advocated for the reform of existing laws to remove discrimination (CCPR/C/LSO/2, 22 April 2020, paragraph 4). The Committee also takes notes the Government’s 2019 report on the implementation of the Beijing Declaration. In this report, reference is made to the National Strategy Development Plan (NSDP) II which considers the promotion of gender equality and the empowerment of women as a cross cutting priority throughout the identified clusters of development, including in the promotion of inclusive and sustainable economic growth and private sector-led job creation. The Government also reports on the adoption of the Gender and Development Policy 2018–2030, in which it commits to increasing women’s, men’s, girls, boys and other marginalized groups’ access to gender responsive quality education and training programmes so as to build a productive work force that can sustain the economy of the country (pages 19 and 36). The Committee notes that the report also highlights the weak implementation of laws and policies in place as one of the main challenges to the advancement of gender equality, the main reason being the entrenched patriarchal nature of both society and its institutions (page 29). The Committee asks the Government to: (i) provide detailed information on the measures taken, under the NSDP II and the Gender and Development Policy 2018–2030, to promote equal access for women to vocational training and employment; and (ii) provide information on any steps taken to combat gender stereotypes, such as through awareness-raising activities in the media.

Enforcement. The Committee previously noted the creation of a special unit in the Ministry of Labour and Employment, tasked with awareness-raising of all the Conventions ratified by Lesotho. Noting that the Government has not provided any reply to its previous requests on the matter, the Committee once again 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.