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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Lesotho (Ratification: 2001)

Articles 3(d) and 7(2)(b) of the Convention. Hazardous work and effective and time-bound measures to remove children from the worst forms of child labour and provide for their rehabilitation and social integration. Child domestic work. The Committee previously noted that children performing domestic work often worked under poor conditions for long hours and during the night, without adequate food and clothing, were exposed to extreme weather conditions in isolated areas, and did not attend school.

With regard to the adoption of the draft Labour Code Bill which contain provisions promoting the fundamental principles and rights of all workers, including domestic workers, the Committee notes the Government’s information in its report that the Ministry of Labour and Employment is awaiting a clearance certificate from the Attorney-General for its presentation before the Parliament. The Government also indicates that the special regulations prohibiting hazardous domestic work by children under 18 years shall be developed after the adoption of the Labour Code Bill. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure that the Labour Code Bill which guarantees protection to domestic workers and the special regulations which prohibit hazardous domestic work by children under 18 years of age, are adopted in the near future. It requests the Government to provide information on any progress made in this regard. It further requests the Government to take effective and time-bound measures to provide the necessary and appropriate direct assistance to remove children engaged in domestic work from hazardous working conditions and ensure their rehabilitation and social integration and to provide information on the measures taken in this regard.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. 1. Children engaged in animal herding. The Committee previously noted from the UNICEF Multiple Indicator Cluster Survey results of 2018, that two thirds of the children involved in child labour are engaged in herding animals. It also noted that children involved in herding are still exposed to the worst forms of child labour.

In reply to its previous comments, the Committee notes the Government’s information that the Ministry of Labour and Employment conducts monthly public gatherings and media campaigns in each district to sensitize the public and the herders on the implementation of the guidelines for the agricultural sector. The Government also indicates that it is anticipated to launch the second phase of the National Action Plan for the Elimination of Child Labour (APEC-II 2022-26) in October 2022. The Committee further notes from the Government’s report of April 2020 to the Human Rights Committee on the International Covenant on Civil and Political Rights, that the Government has been taking measures (i) to provide sufficient resources to fully implement APEC and address in particular the exploitation of children in herding; (ii) to translate and widely disseminate the Minimum Employment Guidelines for herd-boys; and (iii) to undertake more awareness-raising programmes and campaigns against exploitation of children in herding (CCPR/C/LSO/2, paragraphs 139, 140 and 141). The Committee also notes the Government’s information in its report under the Minimum Age Convention, 1973 (No. 138) that the national commemoration Day of the African Child was held in Mokhotlong where a lot of children are herd boys. The Committee requests the Government to continue to take effective and time-bound measures to ensure that children who are engaged in hazardous work in animal herding are removed from this worst forms of child labour and are rehabilitated and socially integrated. In this regard, it requests the Government to continue providing information on the implementation of the guidelines for the agricultural sector as well as the specific measures taken against exploitation of children in herding within the framework of APEC-II, and the results achieved.

2. Orphans of HIV/AIDS and other vulnerable children (OVCs). Following its previous comments, the Committee notes the Government’s information that the Ministry of Social Development continues to assist vulnerable families with children with a monthly stipend of M300 (approximately US$17) in order to protect children from falling victims to the worst forms of child labour. Moreover, OVCs are freely enrolled into schools at all levels.

The Committee notes from the UNICEF report entitled Universal Child Benefit Case Studies: the Experience of Lesotho, 2019 that the Child Grants Programmecovers about 108,833 children in 38,738 households and that the Government is committed to progressively include all eligible households in this programme. The Committee notes, however, that according to the 2021 estimates from UNAIDS, about 110,000 children aged 0–17 are orphans due to HIV/AIDS in Lesotho, an increase from 85,000 in 2019. While taking note of the measures taken by the Government, the Committee urges the Government to continue strengthening its efforts to ensure that orphans of HIV/AIDS and other vulnerable children who are at an increased risk of being engaged in the worst forms of child labour, are protected from these worst forms. It requests the Government to continue to provide information on specific measures taken in this regard, and on the results achieved, particularly the number of OVCs benefiting from these initiatives and the nature of the assistance provided.

The Committee is raising other points in a request addressed directly to the Government.