Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Lesotho (Ratification: 1998)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 5(1) of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide updated detailed information on the content and outcome of the tripartite consultations held on all matters concerning international labour standards covered by Article 5(1)(a)–(e) of the Convention. The Committee notes that the Government, in its report, does not provide the information requested. The Committee therefore once again requests that the Government provide updated detailed information on the content and outcome of the tripartite consultations held on all matters concerning international labour standards covered by Article 5(1)(a)–(e) of the Convention, especially those relating to the questionnaires on Conference agenda items (Article 5(1)(a)); re-examination of unratified Conventions (Article 5(1)(c)); reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).

Article 5(1)(b). Submission to Parliament. The Committee previously requested the Government to indicate whether tripartite consultations had been held with respect to the proposals made to the National Assembly and to the Senate in connection with the submission of the four instruments adopted by the Conference at its 103rd, 104th and 106th sessions (2010–17), including information regarding the date(s) on which the instruments were submitted to the competent authorities. It also requested the Government to provide information on the content and the outcome of tripartite consultations held in relation to the submission of the Violence and Harassment Convention, 2019 (No. 190), and its accompanying Recommendation. The Committee notes the Government’s indication that an audience was provided to the Minister of Labour to report to the National Assembly and the Senate on all adopted international labour instruments pending submission. The Government indicates that a limited number of sessions have been held by the two houses due to the COVID-19 pandemic and that it is awaiting their directions regarding the presentation of the Minister of Labour. The Committee notes, however, that the Government does not indicate whether the social partners were consulted with respect to the submission of the above-mentioned instruments. The Committee therefore reiterates its request that the Government provide detailed information on the holding of tripartite consultations regarding the proposals made to the National Assembly and to the Senate in connection with the submission of the six instruments adopted by the Conference at its 103rd, 104th, 106th and 108th sessions (2010–19), including information regarding the date(s) on which these instruments were submitted to Parliament.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 5(1) of the Convention. Effective tripartite consultations. The Committee notes with interest the Government’s indication that the National Advisory Committee on Labour (NACOLA) discussed and approved the ratification of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). The Government further indicates that discussions on Convention No. 187 are at an advanced stage. In this context, the Government reports that the National Advisory Committee for Occupational Safety and Health requested a workshop on Convention No. 187. In addition, the Committee welcomes the ratification of the Protocol of 2014 to the Forced Labour Convention, 1930 on 22 August 2019. The Government does not, however, indicate whether consultations were held within the NACOLA prior to ratification of the 2014 Protocol. Moreover, the Government does not provide information regarding whether tripartite consultations were held during the reporting period on all matters required under Article 5 of the Convention. The Committee therefore requests the Government to provide updated detailed information on the content and outcome of the tripartite consultations held on all matters concerning international labour standards covered by Article 5(1)(a)–(e) of the Convention.

Article 5(1)(b). Submission to Parliament. The Committee notes that the Government has not submitted to the competent authorities four instruments adopted by the Conference at its 103rd, 104th and 106th sessions (2010–17). The Committee recalls that the Convention requires governments to consult the representative organizations of employers and workers before finalizing proposals to be submitted to the competent authorities concerning the instruments adopted by the Conference (see General Survey on Tripartite Consultations, 2000, paragraph 85). The Committee refers to its longstanding observations on the constitutional obligation of submission. It requests the Government to indicate whether tripartite consultations have been held with respect to the proposals made to the National Assembly and to the Senate in connection with the submission of the above-mentioned instruments, including information regarding the date(s) on which the instruments were submitted to the competent authorities. In addition, the Committee requests the Government to provide information on the content and the outcome of tripartite consultations held in relation to the submission of the Violence and Harassment Convention, 2019 (No. 190), and its accompanying Recommendation, adopted by the Conference at its 108th Session.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Government provides in its 2014 and 2015 reports information on the consultations held in various tripartite bodies. The Committee notes the matters relating to international labour standards that were discussed within the National Advisory Committee on Labour (NACOLA), such as the re-examination of unratified Conventions and questions arising out of reports to be made to the ILO under article 22 of the ILO Constitution. It notes in this regard that consultations were held in March 2013 on the Maternity Protection Convention, 2000 (No. 183), and on measures that might be taken to promote its implementation. Moreover, the proposal to ratify the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), was raised in a meeting of April 2014 of the National Advisory Committee on Occupational Safety and Health. The Government indicates that the decision was deferred to a later date as members requested to study the Convention and then make recommendations to NACOLA. The Committee requests the Government to continue to provide information on the outcome of the tripartite consultations held on the matters relating to international labour standards covered by the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5 of the Convention. Effective tripartite consultations. The Government provides in its 2014 and 2015 reports information on the consultations held in various tripartite bodies. The Committee notes the matters relating to international labour standards that were discussed within the National Advisory Committee on Labour (NACOLA), such as the re-examination of unratified Conventions and questions arising out of reports to be made to the ILO under article 22 of the ILO Constitution. It notes in this regard that consultations were held in March 2013 on the Maternity Protection Convention, 2000 (No. 183), and on measures that might be taken to promote its implementation. Moreover, the proposal to ratify the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), was raised in a meeting of April 2014 of the National Advisory Committee on Occupational Safety and Health. The Government indicates that the decision was deferred to a later date as members requested to study the Convention and then make recommendations to NACOLA. The Committee requests the Government to continue to provide information on the outcome of the tripartite consultations held on the matters relating to international labour standards covered by the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in December 2012 which includes minutes of the National Advisory Committee on Labour (NACOLA) meeting held on 8 August 2012. The Committee notes that the Lesotho Labour Council has indicated that the Government does not recognize their right to be consulted as the most representative organization and that the Government gives all the federations an equal status. The Government indicates that it has called a meeting to resolve this issue. The Committee invites the Government to provide information in its next report on any developments regarding the abovementioned issue. It also invites the Government to continue providing information on the content and outcome of the consultation held on each of the matters listed in Article 5(1) of the Convention.

Article 4(2). Financing of training. The Government reports that the requirements of Article 4 have not been implemented. It indicates that an orientation briefing was given to new members of the Wages Advisory Board and that a code of conduct was also developed for its members. It further indicates that the requirements of the Convention will be brought to the attention of the NACOLA in order to obtain advice on the application of Article 4. The Committee invites the Government to provide information on the arrangements made for the financing of the training of participants in the consultative process. In view of the information received, the Committee wishes to draw the Government’s attention to the possibility of seeking technical assistance from the ILO on the matters covered by the Convention.

Article 5(1)(c). Prospects of ratification of Conventions. The Committee notes that ongoing consultations and discussions are held within the NACOLA regarding the ratification of the Employment Policy Convention, 1964 (No. 122), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Collective Bargaining Convention, 1981 (No. 154). The Government indicates that once the Ministry of Public Service provides information on the Committee’s comments related to the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Ministry of Labour and Employment will be engaged in discussions on the possible ratification of Convention No. 154. It further indicates that Convention No. 122 places onerous obligations on the Government that go beyond the Ministry of Labour and Employment, therefore thorough consultations have to take place within other Ministries before the Convention may be ratified. With respect to Convention No. 129, the Government reports that there is hardly any commercial farming in Lesotho and that the capacity of the inspectorate has to be strengthened before any meaningful inspections could take place. Furthermore, the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), has been put on hold in order to give the new Government an opportunity to familiarize itself with the obligations under the Convention. The Committee notes the information provided in minutes of the National Advisory Council on Occupational Safety and Health meeting held on 1 October 2012 concerning the HIV and AIDS Recommendation, 2010 (No. 200), indicating that the principles of the Recommendation could best be incorporated in the Labour Code (HIV and AIDS at the place of work) Guidelines, 2010. The Committee invites the Government to continue providing information on the tripartite consultations held concerning the re-examination of unratified Conventions and Recommendations. In this regard, the Committee recalls that the ILO Governing Body has invited States parties to the Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64), and the Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65) – which Lesotho has ratified – to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and denouncing Conventions Nos 64 and 65 at the same time.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in October 2010 including detailed replies to its 2009 observation. The Committee notes that tripartite consultations are held within the auspices of the National Advisory Committee on Labour (NACOLA). The ministry also holds management meetings every week wherein international labour standards are discussed including possible ratification of Conventions. Furthermore, the ministry intends to take into consideration the issues raised by employer members in NACOLA when considering ratification of Conventions. The Committee also notes that the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), is under consideration by the newly established and inaugurated National Advisory Council on Occupational Health and Safety. In-depth discussions with the Ministry of Public Service are planned in relation to the Collective Bargaining Convention, 1981 (No. 154). The Committee invites the Government to continue to supply information on the outcome of and the follow up to tripartite consultations held in NACOLA and other mechanisms on all matters related to international labour standards listed in Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in October 2010 including detailed replies to its 2009 observation. The Committee notes that tripartite consultations are held within the auspices of the National Advisory Committee on Labour (NACOLA). The ministry also holds management meetings every week wherein international labour standards are discussed including possible ratification of Conventions. Furthermore, the ministry intends to take into consideration the issues raised by employer members in NACOLA when considering ratification of Conventions. The Committee also notes that the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), is under consideration by the newly established and inaugurated National Advisory Council on Occupational Health and Safety. In-depth discussions with the Ministry of Public Service are planned in relation to the Collective Bargaining Convention, 1981 (No. 154). The Committee invites the Government to continue to supply information on the outcome of and the follow-up to tripartite consultations held in NACOLA and other mechanisms on all matters related to international labour standards listed in Article 5(1) of the Convention.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Tripartite consultations required by the Convention. The Committee notes the Government’s report containing detailed information received in November 2008. In reply to the 2006 observation, the Government included reports of the five meetings held in 2006 and the four meetings held in 2007 by the National Advisory Committee on Labour (NACOLA). The Committee notes that NACOLA approved the ratification of the Collective Bargaining Convention, 1981 (No. 154). The Employer members expressed concern in the NACOLA over whether the Government had sufficient capacity to comply with its reporting obligations and considered that ratifying more Conventions would add more pressure on the Government. Due to the high staff turnover in the National Advisory Council on Occupational Health and Safety, the consultation on ratifying the Safety and Health in Mines Convention, 1995 (No. 176), was not completed. The Committee also notes that the NACOLA discussed questions arising out of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). The Committee notes with interest that progress has been achieved within NACOLA on the matters related to international labour standards covered by the Convention (Article 5(1) of the Convention). The Committee invites the Government to report regularly on the consultations held within NACOLA on matters set out in Article 5(1), including information on other steps taken towards the ratification of Conventions Nos 154 and 176.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Tripartite consultations required by the Convention. The Committee notes the Government’s statement, made in its report received in June 2006, on the importance given by the Ministry of Employment and Labour to social dialogue and justifying the establishment of various tripartite bodies. The Committee notes, however, the Government’s regret that none of the consultations envisaged in Articles 5 and 6 of the Convention have taken place. The Government indicates that these problems will be included on the agenda of the next meeting of the National Advisory Committee on Labour (NACOLA), scheduled for 20 July 2006. The Committee hopes that in its next report the Government will be able to provide precise information on the tripartite consultations held within the NACOLA with regard to each of the matters relating to international labour standards (Article 5, paragraph 1), and on the working of consultative procedures (Article 6). The Committee refers to its previous comments and recalls once again that the Governing Body invited the States parties to the Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64), and to the Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65), to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), while denouncing Conventions Nos. 64 and 65. Furthermore, the States parties to the Underground Work (Women) Convention, 1935 (No. 45), are invited to ratify the Safety and Health in Mines Convention, 1995 (No. 176). The Committee invites the Government to provide full information on the tripartite consultations that have taken place on the re-examination of unratified Conventions (Article 5, paragraph 1(c)).

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Tripartite consultations required by the Convention. In its reply to the Committee’s 2001 direct request, the Government has merely indicated that no reports on the work of the National Advisory Committee on Labour (NACL) have been prepared since 2001 and that no consultations with the social partners have taken place in the last few years on the issues covered by the Convention. The Government nevertheless indicates that it is preparing reports in this regard and that the necessary consultations required by the Convention will be placed before the NACL in due course.

2. Effective tripartite consultations. The Committee requests the Government to provide details of the consultations held on the Government’s replies to questionnaires concerning items on the agenda of the Conference and the Government’s comments on proposed texts to be discussed by the Conference (Article 5, paragraph 1(a), of the Convention) and on denunciation of ratified Conventions (Article 5, paragraph 1(e)). In this regard, the Committee recalls that the ILO Governing Body has invited States parties to the Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64), and the Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65) - which Lesotho has ratified - to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and denouncing Conventions Nos. 64 and 65 at the same time. States parties to the Underground Work (Women) Convention, 1935 (No. 45), are invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176).

3. Operation of the consultative procedures. The Committee also requests the Government to provide particulars of any consultations that may have taken place with the representative organizations on the question of issuing an annual report "on the working of the procedures provided for in the Convention" (Article 6).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2001 direct request, which read as follows:

1. The Committee notes the Government’s first reports on the application of the Convention. It notes with interest that the National Advisory Committee on Labour (NACL) considers and advises upon the ratification and implementation of any relevant international labour standard and upon issues addressed by tripartite regional and international conferences. It welcomes the annual report of the NACL and would be grateful if the Government would continue to provide information on the activities of the NACL on matters covered by the Convention.

2. Please provide further details of the consultations held on the Government’s replies to questionnaires concerning items on the agenda of the Conference and the Government’s comments on proposed texts to be discussed by the Conference (Article 5, paragraph 1(a), of the Convention) and on denunciation of ratified Conventions (Article 5, paragraph 1(e)). In this regard, the Committee recalls that the ILO Governing Body has invited States parties to the Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64), and the Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65) - which Lesotho has ratified - to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and denouncing Conventions Nos. 64 and 65 at the same time. States parties to the Underground Work (Women) Convention, 1935 (No. 45), are invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176).

3. Please also provide particulars of any consultations that may have taken place with the representative organizations on the question of issuing an annual report "on the working of the procedures provided for in the Convention" (Article 6).

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the Government’s first reports on the application of the Convention. It notes with interest that the National Advisory Committee on Labour (NACL) considers and advises upon the ratification and implementation of any relevant international labour standard and upon issues addressed by tripartite regional and international conferences. It welcomes the annual report of the NACL and would be grateful if the Government would continue to provide information on the activities of the NACL on matters covered by the Convention.

2. Please provide further details of the consultations held on the Government’s replies to questionnaires concerning items on the agenda of the Conference and the Government’s comments on proposed texts to be discussed by the Conference (Article 5, paragraph 1(a), of the Convention) and on denunciation of ratified Conventions (Article 5, paragraph 1(e)). In this regard, the Committee recalls that the ILO Governing Body has invited States parties to the Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64), and the Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65) - which Lesotho has ratified - to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and denouncing Conventions Nos. 64 and 65 at the same time. States parties to the Underground Work (Women) Convention, 1935 (No. 45), are invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176).

3. Please also provide particulars of any consultations that may have taken place with the representative organizations on the question of issuing an annual report "on the working of the procedures provided for in the Convention" (Article 6).