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

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

Impact of compulsory prison labour on the application of Article 1 of the Convention. The Committee previously noted that according to Rule 54(1) of the Prison Rules, work is compulsory for convicted persons and that section 60 of the Correctional Service Regulations Bill requires every inmate sentenced to imprisonment to do useful work for not more than ten hours. The Committee notes the Government’s indication in this respect that compulsory prison labour has the purpose of educating and rehabilitating the inmates. The Committee recalls that compulsory prison labour, even if designed for rehabilitation purposes, has an impact on the application of the Convention when it is imposed with respect to one of the circumstances covered under Article 1 of the Convention. Furthermore, the Committee has also stressed that while convict labour exacted from common offenders is intended to reform or rehabilitate them, the same does not arise in the case of persons convicted for their opinions of for having participated in strikes (2012 General Survey on Fundamental Conventions, paragraph 300). The Committee further notes from the 2020 Government’s report to the Human Rights Committee that the Correctional Service Act, 2016 was enacted (CCPR/C/LSO/2, para. 132). The Committee requests the Government to: (i) indicate if the Correctional Service Regulations Bill has been adopted; and, (ii) to confirm if the Correctional Service Act, 2016, has replaced the Basutoland Prison Proclamation of 1957. If this is the case, please provide a copy of both legislations and indicate the provisions relating to prison labour.

Article 1(a). Penal sanctions involving compulsory prison labour for holding or expressing political or ideological views. The Committee previously noted the following criminal offences contained in the Penal Code Act, 2010 (which, at the discretion of the Court, could be punishable by imprisonment involving compulsory prison labour) that could relate to the expression of political views or views ideologically opposed to the established political, social, or economic system:

• –section 79 which relates to the act of violating the dignity or injuring the reputation of the Royal Family;
• –section 104 (read together with sections 101 to 103) which relates to the publication of defamatory matters.

The Committee also noted that, pursuant to section 6 (1) (read together with section 6 (3)) of the Public Meetings and Processions Act, 1993, a person who organizes or assists in organizing a meeting, 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 of up to one year.

The Committee notes that the Government indicates in its report that there are no cases referred to the court of law for contravention of section 79 of the Penal Code Act. Inorder to ascertain that the application of the abovementioned provisions do not lead to the imposition of sanctions involving compulsory labour on persons for the peaceful expression of political views or views opposed to the established system, the Committee requests the Government to: (i) indicate if, as a consequence of the decision of the Constitutional Court of 21 May 2018 that held undesirable to criminalize defamation cases, section 104 of the Penal Code has been replaced; (ii) provide information on the manner in which section 79 of the Penal Code and 6(1) of the Public Meetings and Procession Act are applied in practice, including information on the number of prosecutions initiated, convictions handed down, specific penalties applied and on the facts that led to the convictions.

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

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.

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

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 notes the Government’s indication that Rule 54(1) of the Prison Rules is no longer applied by the prison wardens, since sensitization about the contravention of the international Human Rights Law as well as international labour standards. There is a bill to repeal the prison rules that contravene the aforesaid standards. Hence, there are no judgements made pursuant to such provisions. The Committee requests the Government to provide a copy of the bill repealing the Prison Rules, once adopted.

Article 1(a). Penal sanctions involving compulsory labour for holding or expressing political or ideological views. 1. Penal Code Act 2010. 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), 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 is at the discretion of the court. The Committee requested the Government to provide information in its next report on the application in practice of the abovementioned provisions of the Penal Code Act.

The Committee notes the Government’s indication that at the period of reporting there were no prosecutions in terms of sections 78, 79, 101–104 of the Penal Code Act. The Committee requests the Government to provide information, once available, on the application in practice of sections 78, 79, 101–104 of the Penal Code Act, so that it can assess to what extent these provisions are compatible with the Convention. The Committee also requests the Government to supply copies of 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. Noting that the Government’s report contains no information in this regard, the Committee 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, supplying sample copies of relevant decisions which could define or illustrate their application, and to indicate measures taken or envisaged to ensure the observance of the Convention.

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

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 notes the Government’s indication that Rule 54(1) of the Prison Rules is no longer applied by the prison wardens, since sensitization about the contravention of the international Human Rights Law as well as international labour standards. There is a bill to repeal the prison rules that contravene the aforesaid standards. Hence, there are no judgements made pursuant to such provisions. The Committee requests the Government to provide a copy of the bill repealing the Prison Rules, once adopted.

Article 1(a). Penal sanctions involving compulsory labour for holding or expressing political or ideological views. 1. Penal Code Act 2010. 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), 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 is at the discretion of the court. The Committee requested the Government to provide information in its next report on the application in practice of the abovementioned provisions of the Penal Code Act.

The Committee notes the Government’s indication that at the period of reporting there were no prosecutions in terms of sections 78, 79, 101–104 of the Penal Code Act. The Committee requests the Government to provide information, once available, on the application in practice of sections 78, 79, 101–104 of the Penal Code Act, so that it can assess to what extent these provisions are compatible with the Convention. The Committee also requests the Government to supply copies of 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. Noting that the Government’s report contains no information in this regard, the Committee 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, supplying sample copies of relevant decisions which could define or illustrate their application, and to indicate measures taken or envisaged to ensure the observance of the Convention.

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

Communication of texts. The Committee previously noted that the lack of communication of the texts previously requested by the Committee is due to delays in the Government’s procurement system and that they will be submitted as soon as possible. The Committee notes the Criminal Procedure and Evidence (Amendment) Act, 1998 provided by the Government with its report, as well as the entry into force of the Penal Code Act 2010, published in the Official Gazette, Volume 57, No. 30, on 9 March 2012. Yet in order to enable the Committee to fully examine the application of the Convention, the Committee again reiterates its request to the Government to supply with its next report copies of the legislation in force in the following fields: updated and consolidated texts of the Criminal Procedure and Evidence Act; the laws governing the press and other media; the law governing political parties; Disciplinary Code for public officers, to which reference is made in section 15(1)(a)(iii) of the Public Service Act, 2005, and in section 142(1) of the Public Service Regulations, 2008; as well as any provisions punishing participants in strikes declared unlawful under section 229(3) of the Labour Code, as amended by the Labour Code (Amendment) Act, 2000.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour for holding or expressing political or ideological views. 1. 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 also noted that work is compulsory for convicted prisoners under rule 54(1) of the Prison Rules. Considering that section 6 is drafted in broad terms, the Committee recalled that Article 1(a) prohibits the use of forced or compulsory labour, including compulsory prison labour, 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 in its previous report that the relevant authorities are yet to be convened by the Government on the matter of section 6(1) and (3) of the Public Meetings and Processions Act, 1993, and that it will provide the Office with updated information in its next report. Noting that the Government’s report contains no information on this point, the Committee again reiterates its request to the Government to take the necessary measures to bring the Act into compliance 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. Pending the adoption of such measures, it requests the Government to provide information on the application of section 6(1) and (3) in practice, including copies of any court decisions and indicating the penalties imposed.

2. Penal Code Act 2010. The Committee notes that certain provisions of the new Penal Code Act 2010, which entered into force on 9 March 2012, notably sections 78 (expression of hatred or contempt), 79 (offences against the Royal Family), 101–104 (defamation) could involve the expression of political views or views ideologically opposed to the established political, social or economic system. Yet, the Committee likewise notes that no penalties are provided for these offences in the schedule of penalties (contained in Part X of the Penal Code Act), which means that imposition of the penalty is at the discretion of the court. The Committee therefore asks the Government to provide information in its next report on the application in practice of sections 78, 79, 101–104 of the Penal Code Act, including copies of any court decisions and indicating the penalties imposed.

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

Communication of texts. The Committee notes the Government’s indication in its latest report that the lack of communication of the texts previously requested by the Committee is due to delays in the Government’s procurement system and that they will be submitted as soon as possible. In order to enable the Committee to fully examine the application of the Convention, it reiterates its request to the Government to supply, with its next report, copies of the legislation in force in the following fields: updated and consolidated texts of the Criminal Code and Criminal Procedure and Evidence Act; the laws governing the press and other media; the law governing political parties; Disciplinary Code for public officers, to which reference is made in section 15(1)(a)(iii) of the Public Service Act, 2005, and in section 142(1) of the Public Service Regulations, 2008; as well as any provisions punishing participants in strikes declared unlawful under section 229(3) of the Labour Code, as amended by the Labour Code (Amendment) Act, 2000.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour for holding or expressing political or ideological views. 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 also noted that work is compulsory for convicted prisoners under rule 54(1) of the Prison Rules. The Committee recalled that Article 1(a) prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee notes the Government’s indication that the relevant authorities are yet to be convened by the Government on the matter of section 6(1) and (3) of the Public Meetings and Processions Act, 1993, and that it will provide the Office with updated information in its next report. Considering that the section in question is drafted in broad terms, the Committee requests the Government to take the necessary measures to bring the Act into compliance 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. Pending the adoption of such measures, it requests the Government to provide information on the application of this section in practice, including copies of any court decisions and indicating the penalties imposed.

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

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:

Communication of texts. The Committee notes the Public Meetings and Processions Act, 1993, and the Public Service Regulations, 2008, communicated by the Government with its report. It again requests the Government to supply, with its next report, copies of the legislation in force in the following fields: updated and consolidated texts of the Criminal Code and Criminal Procedure and Evidence Act; the laws governing the press and other media; the law governing political parties; Disciplinary Code for public officers, to which reference is made in section 15(1)(a)(iii) of the Public Service Act, 2005, and in section 142(1) of the Public Service Regulations, 2008; as well as any provisions punishing participants in strikes declared unlawful under section 229(3) of the Labour Code, as amended by the Labour Code (Amendment) Act, 2000.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour for holding or expressing political or ideological views. The Committee has 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 has also noted that work is compulsory for convicted prisoners under rule 54(1) of the Prison Rules.

The Committee recalls that Article 1(a) prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers to the explanations contained in paragraph 154 of its General Survey of 2007 on the eradication of forced labour, in which it has observed that the Convention prohibits neither punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, nor judicial imposition of certain restrictions on persons convicted of crimes of that kind. But, sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The freedom of expression of political or ideological views may be equally restricted by way of prohibition of various kinds of meetings or processions, which is also contrary to the Convention, if such prohibition is enforced by sanctions involving compulsory labour.

The Committee therefore hopes that appropriate measures will be taken in order to bring section 6(1) and (3) of the Public Meetings and Processions Act, 1993, into conformity with the Convention, and that, pending the adoption of such measures, the Government will provide information on the application of this section in practice, including copies of any court decisions and indicating the penalties imposed.

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

Communication of texts. The Committee notes the Public Meetings and Processions Act, 1993, and the Public Service Regulations, 2008, communicated by the Government with its report. It again requests the Government to supply, with its next report, copies of the legislation in force in the following fields: updated and consolidated texts of the Criminal Code and Criminal Procedure and Evidence Act; the laws governing the press and other media; the law governing political parties; Disciplinary Code for public officers, to which reference is made in section 15(1)(a)(iii) of the Public Service Act, 2005, and in section 142(1) of the Public Service Regulations, 2008; as well as any provisions punishing participants in strikes declared unlawful under section 229(3) of the Labour Code, as amended by the Labour Code (Amendment) Act, 2000.

Article 1, subparagraph a, of the Convention. Penal sanctions involving compulsory labour for holding or expressing political or ideological views. The Committee has 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 has also noted that work is compulsory for convicted prisoners under rule 54(1) of the Prison Rules.

The Committee recalls that Article 1(a) prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers to the explanations contained in paragraph 154 of its General Survey of 2007 on the eradication of forced labour, in which it has observed that the Convention prohibits neither punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, nor judicial imposition of certain restrictions on persons convicted of crimes of that kind. But, sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The freedom of expression of political or ideological views may be equally restricted by way of prohibition of various kinds of meetings or processions, which is also contrary to the Convention, if such prohibition is enforced by sanctions involving compulsory labour.

The Committee therefore hopes that appropriate measures will be taken in order to bring section 6(1) and (3) of the Public Meetings and Processions Act, 1993, into conformity with the Convention, and that, pending the adoption of such measures, the Government will provide information on the application of this section in practice, including copies of any court decisions and indicating the penalties imposed.

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 following matters raised in its previous direct request:

Communication of texts. The Committee would be grateful if the Government would supply, with its next report, copies of the legislation in force in the following fields: updated and consolidated texts of the Criminal Code and Criminal Procedure and Evidence Act; the laws governing the press and other media; the laws governing public assemblies, meetings and demonstrations; the law governing political parties; regulations governing conditions of employment for public officers, as set out by the Minister in accordance with section 14(1) of the Public Service Act 2005; the Disciplinary Code for public officers, to which reference is made in section 15(1)(a)(iii) of the Public Service Act 2005; and any provisions punishing participants in strikes declared unlawful under section 229(3) of the Labour Code, as amended by the Labour Code (Amendment) Act 2000.

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

The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would supply, with its next report, copies of the legislation in force in the following fields: updated and consolidated texts of the Criminal Code and Criminal Procedure and Evidence Act; the laws governing the press and other media; the laws governing public assemblies, meetings and demonstrations; the law governing political parties; regulations governing conditions of employment for public officers, as set out by the Minister in accordance with section 14(1) of the Public Service Act, 2005; the Disciplinary Code for public officers, to which reference is made in section 15(1)(a)(iii) of the Public Service Act, 2005; and any provisions punishing participants in strikes declared unlawful under section 229(3) of the Labour Code, as amended by the Labour Code (Amendment) Act, 2000.