Forced Labour Convention, 1930 (No. 29) - Lesotho (Ratification: 1966)
Protocol of 2014 to the Forced Labour Convention, 1930 - Lesotho (Ratification: 2019)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee welcomes the ratification by Lesotho of the Protocol of 2014 to the Forced Labour Convention, 1930, and hopes that the Government will provide detailed information on its application, taking into account the report form approved by the Governing Body.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Institutional framework. The Committee previously noted the Government’s National Anti-Trafficking in Persons Strategic Framework and Action Plan (NATSF-AP) for the period 2018-2023, and the establishment of the Multi-sectoral Committee for combating trafficking in persons. The Committee notes the Government’s indication in its report that a new NATSF-AP for the period 2021-2026 was adopted and that funds have been allocated to support its implementation. According to information of the Ministry of Home Affairs, the new NATSF-AP includes among its objectives the effective national coordination and cooperation among stakeholders; strengthened identification, protection and support of victims of trafficking; and successful detection, investigation and prosecution of perpetrators. The Committee encourages the Government to pursue its efforts to combat trafficking in persons and requests it to provide information on the specific measures taken under the NATSF-AP 2021-2026 as well as on any assessment of its implementation, indicating the results achieved and the difficulties encountered. It also requests the Government to provide information on the activities of the Multi-sectoral committee for combating trafficking in persons.

Law enforcement. The Government indicates that it has increased its anti-trafficking training and awareness-raising efforts for law enforcement bodies. It adds that it will provide adequate funding to the Police Trafficking and Smuggling Unit and establish a focal point in all the ten districts of the country to ensure effective responsiveness to all potential trafficking cases. The Committee also notes that the Government intends to increase oversight of labour recruitment agencies in the country to mitigate fraudulent recruitment for mining work in South Africa, and to strengthen cooperation with law enforcement agencies throughout Southern Africa to increase information-sharing and coordination on trafficking investigations. In relation to the imposition of adequate and dissuasive penalties for perpetrators of trafficking in persons, the Government indicates that it will fix jurisdictional issues that prevent magistrate courts from issuing the maximum penalty for trafficking crimes. The Committee observes, however, that section 5 of the Anti-Trafficking in Persons Act provides for the possibility of imposing only a fine for the crime of trafficking in persons.

While noting the measures contemplated by the Government for the strengthening of law enforcement capacities, the Committee observes that the Government is still not providing concrete information on the investigations carried out or convictions handed down in relation to trafficking cases. The Committee therefore requests the Government to continue taking measures to strengthen the capacities of the police, labour inspection, prosecutors and judges to effectively detect and investigate cases of trafficking in persons, both for labour and sexual exploitation, and to prosecute and sanction the perpetrators with adequate and dissuasive penalties. It requests once again the Government to provide information on the number of cases of trafficking identified, prosecutions, convictions and penalties imposed under section 5(1) of the Anti-Trafficking in Persons Act. Finally, it requests the Government to continue providing information on the activities of cooperation with South Africa and other Southern countries to investigate cases of transnational trafficking in persons.

Protection and assistance of victims. The Committee previously noted the Government’s efforts to provide victims of trafficking in persons with assistance, including in collaboration with civil society organizations. The Committee notes the Government’s indication that it has finalized guidelines for victim identification and referral to care and that it will allocate funds to the Victims of Trafficking Trust Fund (established by section 17 of the Anti-Trafficking in Persons Act). Victims continue to receive medical assistance and legal support. Where family members are suspected to have participated in trafficking activities, awareness and counselling are provided to the said families The Government further indicates that there are 13 victims of sex trafficking and 4 victims of labour trafficking reported. The Committee requests the Government to continue to provide information on the measures taken to identify, protect, and assist victims of trafficking in persons, including measures to rehabilitate victims of trafficking returning to Lesotho. In this respect, please include information on the operation of the Victims of Trafficking Trust Fund as well as on the establishment of centres for victims of trafficking as provided for in section 36 of the Anti-Trafficking in Persons Act.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legislative and institutional framework. The Committee previously requested the Government to provide information on the measures taken to prevent, suppress and punish trafficking in persons, including the measures taken within the National Anti-Trafficking in Persons Strategic Framework and Action Plan (NATPSF-AP 2014–2016).

The Committee notes the Government’s information in its report that the NATPSF-AP has been revised and a new action plan 2018–2023 has been adopted. It also notes the Government’s information that a Multi-sectoral Committee for combating trafficking in persons which oversees all issues pertaining to trafficking in persons has been established. The Multi-sectoral Committee comprises members from various Government ministries, law enforcement agencies, the judiciary and non-governmental organizations. According to the Government’s report, the Multi-sectoral Committee provided training to 33 police officers on investigative skills and three prosecutors on implementing the provisions of the Anti-trafficking in Persons Act. Moreover, 24 newly appointed diplomats were sensitized on anti-trafficking issues and ten labour inspectors were trained on identification of trafficking cases.

The Committee also notes the information from the International Organization for Migration (IOM) that a project entitled “Strengthening the response of the Government of Lesotho and civil society to address trafficking in persons” has been initiated in Lesotho. This project, which shall be implemented up to March 2022, aims to strengthen the trafficking in persons response including the identification, protection and referral of potential victims of trafficking at district and national levels. It will also support the Multi-sectoral Committee to deliver on its mandate to prevent and identify trafficking in persons cases and enhance protection of victims. The Committee further notes from the official website of the Government of Lesotho that Phase II project on counter trafficking and addressing irregular migration through strengthening border and migration management, sensitization on trafficking in persons and building capacity of law enforcement and border officials was launched in 2019. The Committee requests the Government to provide information on the concrete measures taken within the framework of the counter trafficking and addressing irregular migration project Phase II, the project on strengthening the response of the Government and civil society to address trafficking in persons, and the revised Anti-Trafficking in Persons Strategic Framework and Action Plan 2018–2023 in combating trafficking in persons and the results achieved. It also requests the Government to continue providing information on the activities carried out by the Multi-sectoral Committee in preventing and identifying cases of trafficking.

2. Protection and reintegration of victims. The Committee previously noted the Government’s indication that, although it had not established a victim care centre or a fund to protect and rehabilitate victims of trafficking, medical, psychological and legal services, and life skills workshops were made accessible to victims at government hospitals and clinics. It also noted that the Government had collaborated with civil society organizations to run care centres to provide assistance to victims of trafficking. The Committee requested the Government to continue to provide information on the measures taken to provide protection and assistance to victims with a view to facilitating their subsequent reintegration into society.

The Committee notes the Government’s information that the Ministry of Home Affairs is in the process of establishing a permanent home for victims of trafficking. The Committee requests the Government to provide information on the protection and assistance measures taken or envisaged for victims of trafficking in the home, and on the number of victims who are benefiting from such measures.

3. Adequate penalties. The Committee previously observed that pursuant to section 5(1) and (2) of the Anti-Trafficking in Persons Act, a person convicted of trafficking could possibly be convicted only to pay a fine. In this regard, the Committee noted the Government’s reference to two trials before the court for which a conviction was secured. The Committee requested the Government to provide information on the number of investigations carried out, convictions and penalties imposed on perpetrators pursuant to section 5(1) and (2) of the Anti-Trafficking in Persons Act.

The Committee notes the Government’s information that to date, 56 cases of trafficking in persons have been recorded, of which 12 are under investigation and 24 have been closed and declared as not related to trafficking. Two persons accused have been acquitted and one person has been convicted and sentenced to two years’ imprisonment. In this regard, the Committee notes from the Government’s report of November 2019 to the Human Rights Council that the challenge in the judicial proceedings related to cases of trafficking is the non-availability of the victims for trial (A/HRC/WG.6/35/LSO/1, paragraph 56). The Committee requests the Government to take the necessary measures to strengthen the judicial proceedings related to trafficking in persons, including through conducting thorough investigations and taking appropriate measures for gathering evidence required to prosecute the perpetrators, to ensure that adequate penalties are strictly enforced in accordance with Article 25 of the Convention. The Committee also requests the Government to continue to provide information on the application in practice of section 5(1) and (2) of the Anti-Trafficking in Persons Act, supplying information on the number of investigations carried out, convictions and penalties imposed.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. The Committee previously noted that section 314A(1) of the Criminal Procedure and Evidence (Amendment) Act, 1998 enables the court to replace a sentence of imprisonment or detention for a person convicted of a minor offence (for which the court may pass a sentence not exceeding 18 months of imprisonment) with an order to perform community services. It also noted the Government’s indication that Rule 16 of the Community Service Sentence Rules of 1999 provides for consent of the convicted person to do community work as an alternative sentence. The Committee requested the Government to provide a copy of the Community Service Sentence Rules of 1999. It notes that the Government has not provided a copy of these Rules. The Committee therefore once again requests the Government to provide a copy of the Community Service Sentence Rules of 1999.

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 2016.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures. The Committee previously noted the Anti Trafficking in Persons Act, 2011 and requested the Government to provide information on its application in practice, indicating the number of investigations, prosecutions and convictions, as well as information on the measures taken to provide protection and assistance to the victims of trafficking.

The Committee notes the statistical data on cases of trafficking provided by the Government in its report for the period of 2012–14. It notes that several cases of trafficking are related to forced labour and sexual exploitation, and that seven trafficking victims have been detected, as well as four perpetrators in 2014. The Government further indicates that a National Anti-Trafficking in Persons Strategic Framework (2014–16), as well an Action Plan, have been adopted to capacitate law enforcement agencies. In July 2015, a workshop was held for stakeholders relating to the data compilation of trafficking in persons cases. The Committee also notes the information contained in the Government’s report to the Human Rights Council of October 2014, that the Ministry of Gender along with the Ministry of Police conducted several awareness raising programmes on trafficking as well as joint awareness operations with the South African Police Service along the border towns and villages (A/HRC/WG.6/21/LSO/1, paragraph 51). The Committee requests the Government to continue to provide information on the measures taken to prevent, suppress and punish trafficking in persons. The Committee also requests the Government to provide information on the measures taken to implement the Anti-Trafficking in Persons Strategic Framework, as well as the Action Plan and to indicate the results achieved in combatting trafficking in persons.

2. Protection and reintegration of victims. The Committee notes the Government’s indication that, although it has not established the victims’ care centre or a fund to protect and rehabilitate victims of trafficking, medical, psychological, and legal and life skills services are accessible to victims at government hospitals and clinics, and the Child Gender and Protection Unit (CGPU) has to provide limited counselling to such groups. The Committee also notes the information contained in the Government’s report to the Human Rights Council as mentioned above, that it has collaborated with civil society organizations to run care centres so as to provide victims of trafficking with assistance, and that the Ministry of Social Development trained 21 officials on the definition of trafficking and basic victim identification. The Committee requests the Government to continue to provide information on the measures taken to provide protection and assistance to victims of trafficking with a view to facilitate their subsequent re-integration into society.

3. Adequate penalties. The Committee previously observed that pursuant to section 5(1) and (2) of the Anti-Trafficking in Persons Act, a person convicted of trafficking could possibly only be convicted to pay a fine. The Committee requested the Government to indicate the manner in which such a provision is applied in practice.

The Committee notes the Government’s indication that there has been no prosecution of trafficking offenders in 2014. The Government pledges to avail the information requested as soon as the cases are disposed of and sanctions imposed on offenders. The Committee notes however, the information contained in the Government’s report to the Human Rights Council that investigations on eight cases have been completed, in five of which the accused have appeared before the courts on remand. Trials are continuing on two cases and one case is complete and a conviction was secured at the trial court though on appeal it was overturned. The Committee requests the Government to provide information on the application in practice of section 5(1) and (2) of the Anti-Trafficking in Persons Act, supplying information on the number of investigations carried out, convictions and the penalties imposed on perpetrators. Please also indicate the measures taken to ensure that law enforcement bodies benefit from adequate training.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. The Committee previously noted that section 314A(1) of the Criminal Procedure and Evidence (Amendment) Act, 1998 enables the Court to replace a sentence of imprisonment or detention for a person convicted of a minor offence (for which the Court may pass a sentence not exceeding 18 months of imprisonment) by an order to perform community services. The Committee requested the Government to indicate whether the imposition of a sentence of community work requires the consent of the convicted person.

The Committee notes the Government’s indication that Rule 16 of the Community Service Sentence Rules 1999 provides for consent of the convicted person to do community work as an alternative sentence. The nature of work performed is mostly agriculture related and/or cleaning of the environment. It is community based, therefore conducted at the instance of the community as a way of the offender showing remorse by giving back to the community. There is no particular organization for the benefit of which the work is carried out, as long as the community in general benefits. The Committee takes note of this information and requests the Government to provide a copy of the Community Service Sentence Rules of 1999.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures. The Committee previously noted the Anti Trafficking in Persons Act, 2011 and requested the Government to provide information on its application in practice, indicating the number of investigations, prosecutions and convictions, as well as information on the measures taken to provide protection and assistance to the victims of trafficking.

The Committee notes the statistical data on cases of trafficking provided by the Government in its report for the period of 2012–14. It notes that several cases of trafficking are related to forced labour and sexual exploitation, and that seven trafficking victims have been detected, as well as four perpetrators in 2014. The Government further indicates that a National Anti-Trafficking in Persons Strategic Framework (2014–16), as well an Action Plan, have been adopted to capacitate law enforcement agencies. In July 2015, a workshop was held for stakeholders relating to the data compilation of trafficking in persons cases. The Committee also notes the information contained in the Government’s report to the Human Rights Council of October 2014, that the Ministry of Gender along with the Ministry of Police conducted several awareness raising programmes on trafficking as well as joint awareness operations with the South African Police Service along the border towns and villages (A/HRC/WG.6/21/LSO/1, paragraph 51). The Committee requests the Government to continue to provide information on the measures taken to prevent, suppress and punish trafficking in persons. The Committee also requests the Government to provide information on the measures taken to implement the Anti-Trafficking in Persons Strategic Framework, as well as the Action Plan and to indicate the results achieved in combatting trafficking in persons.

2. Protection and reintegration of victims. The Committee notes the Government’s indication that, although it has not established the victims’ care centre or a fund to protect and rehabilitate victims of trafficking, medical, psychological, and legal and life skills services are accessible to victims at government hospitals and clinics, and the Child Gender and Protection Unit (CGPU) has to provide limited counselling to such groups. The Committee also notes the information contained in the Government’s report to the Human Rights Council as mentioned above, that it has collaborated with civil society organizations to run care centres so as to provide victims of trafficking with assistance, and that the Ministry of Social Development trained 21 officials on the definition of trafficking and basic victim identification. The Committee requests the Government to continue to provide information on the measures taken to provide protection and assistance to victims of trafficking with a view to facilitate their subsequent re-integration into society.

3. Adequate penalties. The Committee previously observed that pursuant to section 5(1) and (2) of the Anti-Trafficking in Persons Act, a person convicted of trafficking could possibly only be convicted to pay a fine. The Committee requested the Government to indicate the manner in which such a provision is applied in practice.

The Committee notes the Government’s indication that there has been no prosecution of trafficking offenders in 2014. The Government pledges to avail the information requested as soon as the cases are disposed of and sanctions imposed on offenders. The Committee notes however, the information contained in the Government’s report to the Human Rights Council that investigations on eight cases have been completed, in five of which the accused have appeared before the courts on remand. Trials are continuing on two cases and one case is complete and a conviction was secured at the trial court though on appeal it was overturned. The Committee requests the Government to provide information on the application in practice of section 5(1) and (2) of the Anti-Trafficking in Persons Act, supplying information on the number of investigations carried out, convictions and the penalties imposed on perpetrators. Please also indicate the measures taken to ensure that law enforcement bodies benefit from adequate training.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. The Committee previously noted that section 314A(1) of the Criminal Procedure and Evidence (Amendment) Act, 1998 enables the Court to replace a sentence of imprisonment or detention for a person convicted of a minor offence (for which the Court may pass a sentence not exceeding 18 months of imprisonment) by an order to perform community services. The Committee requested the Government to indicate whether the imposition of a sentence of community work requires the consent of the convicted person.

The Committee notes the Government’s indication that Rule 16 of the Community Service Sentence Rules 1999 provides for consent of the convicted person to do community work as an alternative sentence. The nature of work performed is mostly agriculture related and/or cleaning of the environment. It is community based, therefore conducted at the instance of the community as a way of the offender showing remorse by giving back to the community. There is no particular organization for the benefit of which the work is carried out, as long as the community in general benefits. The Committee takes note of this information and requests the Government to provide a copy of the Community Service Sentence Rules of 1999.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures and protection and reintegration of victims. The Committee previously noted the Anti-Trafficking in Persons Act, 2011, which prohibits trafficking in persons and children and provides for a penalty of between 25 years and life imprisonment or a fine of up to 2 million Lesotho malotis (LSL) (approximately US$230,000). It also noted the concluding observations of the Committee on the Elimination of Discrimination against Women of October 2011 which expressed concern about the continuing prevalence of trafficking in women and children, the low reporting rate and the lack of shelters and counselling services for victims of trafficking (CEDAW/C/LSO/CO/1-4, paragraph 24).

The Committee notes the Government’s indication in its report that a case of a foreign worker subjected to forced labour is currently under investigation. Yet it is not clear from the information provided whether the case will be prosecuted under the Anti-Trafficking in Persons Act. Considering the absence of information on this point in the Government’s report, the Committee again requests the Government to provide information on the practical application of the Anti-Trafficking in Persons Act, including the number of investigations, prosecutions and convictions. The Committee reiterates its request to the Government, in its next report, to indicate the measures it has taken to strengthen the capacity of law enforcement agencies to combat trafficking in persons. The Committee also again requests the Government to provide information on the measures taken to provide protection and assistance to victims of trafficking with a view to facilitating their subsequent re-integration into society.

2. Adequate penalties. The Committee previously observed that pursuant to section 5(1) and (2) of the Anti-Trafficking in Persons Act, a person convicted of trafficking could possibly only be convicted to pay a fine. In this respect, the Committee referred to the explanations contained in paragraph 137 of its General Survey of 2007 on the eradication of forced labour and recalled that given the seriousness of the offence and the dissuasive effect that the penalties should have, legislation providing for a fine or imprisonment cannot be considered effective. Noting that the Government’s report contains no information on this point, the Committee is bound to again request the Government to indicate how this provision of the Act has been applied in practice, providing in particular information on the specific penalties imposed on persons convicted under section 5(1) and (2) of the Anti-Trafficking in Persons Act.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. The Committee notes that section 314A(1) of the Criminal Procedure and Evidence (Amendment) Act, 1998 enables the Court to replace a sentence of imprisonment or detention for a person convicted of a minor offence (for which the Court may pass a sentence not exceeding 18 months of imprisonment) by an order to perform community services. It further notes that pursuant to sections 314A(2) and 320A of the same Act, the procedures for the implementation of a sentence to perform community service are laid down in the rules made by the Chief Justice. The Committee requests the Government to clarify whether the imposition of a sentence of community service requires the consent of the convicted person. It also requests the Government to provide a copy of the rules governing community service and to provide more detailed information on the nature of the work performed in the context of community work, as well as on the organizations for the benefit of which this work is carried out.

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

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. Law enforcement measures and protection and reintegration of victims. The Committee notes with interest the enactment into law of the Anti-Trafficking in Persons Act on 11 January 2011. Section 5(1) and (2) of the Act prohibit trafficking in persons and children and provides for a penalty of between 25 years and life imprisonment or a fine of up to 2,000,000 Lesotho malotis (LSL) for this offence (approximately US$230,000).The Committee further notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 21 October 2011, while welcoming the adoption of the Act, expressed concern about the continuing prevalence of trafficking in women and children, the low reporting rate and the lack of shelters and counselling services for victims of trafficking (CEDAW/C/LSO/CO/1-4, paragraph 24). The Committee requests the Government to provide in its next report information on the practical application of the Anti-Trafficking in Persons Act, including the number of investigations, prosecutions and convictions. The Committee also requests the Government to indicate the measures it has taken to strengthen the capacity of law enforcement agencies to combat trafficking in persons. It further requests the Government to provide information on the measures taken to provide protection and assistance to victims of trafficking with a view to facilitating their subsequent reintegration into society.

2. Adequate penalties. The Committee observes that pursuant to section 5(1) and (2) of the Anti-Trafficking in Persons Act, a person convicted of trafficking could possibly only be convicted to pay a fine. In this respect, the Committee refers to the explanations contained in paragraph 137 of its General Survey of 2007 on the eradication of forced labour and recalls that given the seriousness of the offence and the dissuasive effect that the penalties should have, legislation providing for a fine or imprisonment cannot be considered effective. The Committee therefore requests the Government to indicate how this provision of the Act has been applied in practice, providing in particular information on the specific penalties imposed on persons convicted under section 5(1) and (2) of the Anti-Trafficking in Persons Act.

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

Article 25 of the Convention. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee referred to section 7(1) and (2) of the Labour Code Order, 1992, under which penal sanctions can be imposed on any person who exacts forced labour for the benefit of any private individual, association or body, and on any chief or public officer who puts constraint upon the population or any member thereof to work for any private individual, company, association or other such body. The Committee requested the Government to take measures in order to provide for similar sanctions for any imposition of forced labour as defined in section 3 of the Order, also if imposed for the benefit of a public entity.

The Committee previously noted the Government’s indication that the National Advisory Committee on Labour had decided to review the Labour Code, and that the Committee’s concerns would be taken into account in the course of the revision. It also noted from the Government’s 2008 report that the matter was considered during the labour law review exercise, but the draft bill containing the proposed amendment had not yet been discussed by Parliament. The Committee notes the Government’s indication in its latest report on the application of Convention No. 105, likewise ratified by Lesotho, that the Government’s intention is to table the draft bill before Parliament at the earliest convenience. The Committee reiterates the firm hope that the bill will soon be adopted and the legislation will be brought into compliance with the Convention on this point. It requests the Government to provide a copy of the new law, as soon as it is adopted.

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

Article 25 of the Convention. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee noted the penal sanctions provided in section 7(1) of the Labour Code Order, 1992, for any person who exacts or imposes forced labour for the benefit of any private individual, association or body, and in section 7(2) for any chief or public officer who puts constraint upon the population or any member thereof to work for any private individual, company, association or other such body. The Committee requested the Government to take measures in order to provide similar sanctions for any imposition of forced labour as defined in section 3 of the Order, also if imposed for the benefit of a public entity. It noted the Government’s indication that the National Advisory Committee on Labour had decided to review the Labour Code, and that the Committee’s concerns would be taken into account in the course of the revision.

The Committee notes the Government’s indication in its report received in November 2008 that the matter was considered during the labour law review exercise, but the draft bill containing the proposed amendment has not yet been discussed by Parliament.

While noting these indications, the Committee expresses the firm hope that the bill will soon be adopted and the legislation will be brought into compliance with the Convention on this point. It requests the Government to provide a copy of the new law, as soon as it is adopted.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

Article 25 of the Convention. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee noted the penal sanctions provided in section 7(1) of the Labour Code Order, 1992, for any person who exacts or imposes forced labour for the benefit of any private individual, association or body, and in section 7(2) for any chief or public officer who puts constraint upon the population or any member thereof to work for any private individual, company, association or other such body. The Committee requested the Government to take measures in order to provide similar sanctions for any imposition of forced labour, as defined in section 3 of the Order, also if imposed for the benefit of a public entity. It noted the Government’s repeated statement that the issue was to be examined by the tripartite National Advisory Committee on Labour.

The Committee notes the Government’s indication in its report that the National Advisory Committee on Labour has decided to review the Labour Code, and that the process of revision will start in November 2005, with the technical assistance of the ILO. The Government states that the Committee’s concerns will be taken into account in the course of the revision.

The Committee notes these indications and trusts that the necessary measures will soon be taken by the Government in order to bring the national legislation into compliance with the Convention on this point. It requests the Government to provide, in its next report, information on the progress made in this regard.

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

Article 25 of the Convention. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee noted the penal sanctions provided in section 7(1) of the Labour Code Order, 1992, for any person who exacts or imposes forced labour for the benefit of any private individual, association or body, and in section 7(2) for any chief or public officer who puts constraint upon the population or any member thereof to work for any private individual, company, association or other such body. The Committee requested the Government to take measures in order to provide similar sanctions for any imposition of forced labour, as defined in section 3 of the Order, also if imposed for the benefit of a public entity. It noted the Government’s repeated statement that the issue was to be examined by the tripartite National Advisory Committee on Labour.

The Committee notes the Government’s indication in its report that the National Advisory Committee on Labour has decided to review the Labour Code, and that the process of revision will start in November 2005, with the technical assistance of the ILO. The Government states that the Committee’s concerns will be taken into account in the course of the revision.

The Committee notes these indications and trusts that the necessary measures will soon be taken by the Government in order to bring the national legislation into compliance with the Convention on this point. It requests the Government to provide, in its next report, information on the progress made in this regard.

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

Article 25 of the Convention. In its earlier comments, the Committee noted the penal sanctions provided in section 7(1) of the Labour Code Order, 1992, for any person who exacts or imposes forced labour for the benefit of any private individual, association or body, and in section 7(2) for any chief or public officer who puts constraint upon the population or any member thereof to work for any private individual, company, association or other such body. The Committee requested the Government to take measures in order to provide similar sanctions for any imposition of forced labour as defined in section 3 of the Order, also if imposed for the benefit of a public entity. It noted the Government’s repeated indication that the issue was to be examined by the tripartite National Advisory Committee on Labour.

The Government reiterates in its report that the issue of sanctions for imposition of forced labour has not yet been examined by the National Advisory Committee on Labour. The Government once again promises to table the issue at the Committee’s future meetings and renews assurances of its commitment to bring the legislation into conformity with the Convention.

While noting these indications, the Committee reiterates firm hope that the necessary measures will at last be taken by the Government in order to bring the national legislation into compliance with the Convention on this point and that the Government will soon be able to report the progress achieved in this regard.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s reply to its earlier comments.

Article 25 of the Convention. The Committee previously noted the penal sanctions provided in section 7(1) of the Labour Code Order, 1992, for any person who exacts or imposes forced labour for the benefit of any private individual, association or body and in section 7(2) for any chief or public officer who puts constraint upon the population or any member thereof to work for any private individual, company, association or other such body. The Committee asked the Government to take measures in order to provide similar sanctions for any imposition of forced labour as defined in section 3 of the Order, also if imposed for the benefit of a public entity. It noted the Government’s indication that the issue was to be examined by the tripartite National Advisory Committee on Labour.

In its latest report, the Government reiterates that the issue of sanctions for imposition of forced labour has not yet been examined by the National Advisory Committee on Labour and again promises to table the issue at the Committee’s future meetings.

While noting the Government’s assurances of its commitment in bringing the legislation into conformity with the Convention, the Committee expresses firm hope that the necessary measures will at last be taken by the Government in order to bring the national legislation into compliance with the Convention on this point and requests the Government to report any progress achieved in this regard.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Article 25 of the Convention. In its earlier comments the Committee noted the penal sanctions provided in section 7(1) of the Labour Code Order, 1992, for any person who exacts or imposes forced labour for the benefit of any private individual, association or body and in section 7(2) for any chief or public officer who puts constraint upon the population or any member thereof to work for any private individual, company, association or other such body. The Committee asked the Government to take measures in order to provide similar sanctions for any imposition of forced labour as defined in section 3 of the Order, also if imposed for the benefit of a public entity. It noted the indication in the Government’s report of 1998 that the issue was to be examined by the tripartite National Advisory Committee on Labour.

The Government indicates in its latest report that the issue of sanctions for imposition of forced labour has not yet been examined by the National Advisory Committee and promises to table the issue at the Committee’s future meetings.

The Committee trusts that appropriate measures will be taken by the Government in the near future in order to bring the national legislation into conformity with the Convention on this point and requests the Government to provide, in its next report, information on the progress made in this regard.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 25 of the Convention. In its previous comments, the Committee asked the Government to take measures in order to provide sanctions for any imposition of forced labour, as defined in section 3 of the Labour Code Order 1992, if imposed for the benefit of a public entity, since this point is not covered by section 7 of the Labour Code. It notes the indication in the Government's report that the issue is to be examined by the tripartite National Advisory Committee on Labour and asks the Government to provide information in its next report on any developments in the matter.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's reply to its earlier comments. The Government indicates that, since forced labour is prohibited in all its forms by the Constitution, it would be unconstitutional for any one to utilize forced labour whether for the benefit of a private individual or a public entity.

In its earlier comments the Committee noted the definition of forced labour given in section 3 of the Labour Code Order, 1992, and the penal sanctions provided in section 7(1) of the Order for any person who exacts or imposes forced labour for the benefit of any private individual, association or body and in section 7(2) for any chief or public officer who puts constraint upon the population or any member thereof to work for any private individual, company, association or other such body. The Committee reiterates its hope that similar sanctions will be provided for any imposition of forced labour as defined in section 3 of the Order, also if imposed for the benefit of a public entity. It asks the Government to provide, in its next report, information on any measures taken towards this end.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its previous comments, the Committee notes that the Employment Act, No. 11 of 1967, and the Employment (Amendment) Act, No. 1 of 1977, were repealed by the Labour Code Order, No. 24 of 1992. The Committee notes with interest the definition of forced labour given in section 3 of the Order and the penal sanctions provided in section 7(1) of the Order for any person who exacts or imposes forced labour for the benefit of any private individual, association or body and in section 7(2) for any chief or public officer who puts constraint upon the population or any member thereof to work for any private individual, company, association or other such body. The Committee hopes that similar sanctions will be provided for any imposition of forced labour as defined in section 3, even if imposed for the benefit of a public entity, and that the Government will report on any measures taken towards this end.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Further to its previous comments, the Committee notes that the Employment Act, No. 11 of 1967, and the Employment (Amendment) Act, No. 1 of 1977, were repealed by the Labour Code Order, No. 24 of 1992. The Committee notes with interest the definition of forced labour given in section 3 of the Order and the penal sanctions provided in section 7(1) of the Order for any person who exacts or imposes forced labour for the benefit of any private individual, association or body and in section 7(2) for any chief or public officer who puts constraint upon the population or any member thereof to work for any private individual, company, association or other such body. The Committee hopes that similar sanctions will be provided for any imposition of forced labour as defined in section 3, even if imposed for the benefit of a public entity, and that the Government will report on any measures taken towards this end.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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 following matters raised in its previous direct request:

The Committee noted with satisfaction in 1979 that section 79(2) of the Employment Act (which authorised chiefs to require persons to act as their messengers) (1967) was repealed by the Employment (Amendment) Act, 1977. A copy of the latter Act was also received by the Committee. The Committee notes from the Government's report for the period 1 July 1987 to 30 June 1989 that section 79(2) of the Employment Act, 1967 is in force. The Committee again asks the Government to provide further information on the state of the law as currently applied.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee noted with satisfaction in 1979 that section 79(2) of the Employment Act (which authorised chiefs to require persons to act as their messengers) (1967) was repealed by the Employment (Amendment) Act, 1977. A copy of the latter Act was also received by the Committee. The Committee notes from the Government's report for the period 1 July 1987 to 30 June 1989 that section 79(2) of the Employment Act, 1967 is in force. The Committee asks the Government to provide further information on the state of the law as currently applied.