Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Lesotho (Ratification: 2001)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted the Government’s indication that the legislative process was ongoing for the adoption of the Children’s Protection and Welfare Bill, which prohibits the trafficking of persons under 18.

The Committee notes the Government’s statement in its report submitted for the Minimum Age Convention, 1973 (No. 138), that the Children’s Protection and Welfare Bill has not yet been adopted. The Committee observes that this Bill has been in the process of adoption since 2005. However, the Committee also notes the extracts of the draft revision of the Labour Code (submitted with the Government’s report) containing a provision (draft section 129A(2)) prohibiting the worst forms of child labour which, pursuant to draft section 129A(3)(a), includes the sale and trafficking of children.

The Committee further notes the information in the 2009 report on the trafficking in persons in Lesotho, available on the web site of the Office of the UN High Commissioner for Refugees (www.unhcr.org) (Trafficking Report), that trafficking exists in Lesotho, and that women and children are trafficked for the purposes of sexual exploitation and forced labour, particularly to South Africa. The Trafficking Report further indicates that no arrests or prosecutions have been made in this regard, and that there are indications that investigations of trafficking-related situations are rare because trafficking is not specifically defined as a crime under existing laws, and law enforcement resources and capacity are limited. The Trafficking Report indicates that the Government’s ability to address human trafficking is hindered by the lack of anti-trafficking legislation. The Committee expresses concern at the incidence of child trafficking in Lesotho, and that anti-trafficking efforts are hindered by insufficient legislation. Therefore, the Committee urges the Government to take immediate measures to ensure the adoption of legislation prohibiting the sale and trafficking of children without delay. It requests the Government to provide a copy of the relevant legislation, once adopted.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that street children were used by adults in illegal activities, such as housebreaking and petty theft. It also noted the Government’s indication that there is no legislation that specifically prohibits the use, procuring or offering of a child under the age of 18 for illicit activities, in particular for the production and trafficking of drugs, and requested the Government to take measures in this regard.

The Committee notes that an extract of the draft revision of the Labour Code (submitted with the Government’s report) contains a provision (draft section 129A(2)) prohibiting the worst forms of child labour and that, pursuant to draft section 129A(3)(c), this includes the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, as defined in the relevant international treaties. The Committee also notes the Government’s statement in its report submitted for Convention No. 138 that the draft revision of the Labour Code has not yet been adopted by Parliament, though efforts are being made in this regard. However, the Committee observes that the Government has been referring to the impending adoption of the draft revision to the Labour Code since 2006. Reminding the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for the production and trafficking of drugs constitutes one of the worst forms of child labour and that, by virtue of Article 1, it is obliged to take immediate measures to prohibit this worst form of child labour, the Committee urges the Government to take the necessary measures to ensure that the draft revision of the Labour Code, prohibiting the use, procuring or offering of a child for illicit activities, is adopted as a matter of urgency.

Article 4(1). Determination of hazardous work. The Committee previously noted that, while section 125(1) of the Labour Code provides that the Minister of Labour or the Labour Commissioner may, by written notice, determine the types of work injurious to the health and morals of children and young persons, no determination had been made in this regard, either in the Labour Code or in any other legislation. However, the Committee noted the Government’s indication that the draft revision of the Labour Code contained a proposed section 129A containing a list of types of hazardous work prohibited to young persons, inserted after consultations with the employers’ and workers’ organizations. It requested a copy of this list.

The Committee notes that the proposed section 129A (contained in the extracts of the draft revision of the Labour Code, submitted with the Government’s report) is entitled “worst forms of child labour for children and young persons”, and prohibits requiring or permitting a child or young person to engage in exploitative work, and prohibits the worst forms of child labour, as defined in Article 3 of the Convention, including hazardous work. However, the Committee observes that, while the proposed section 129A prohibits hazardous work, it does not contain a list determining types of hazardous work activities, as previously indicated by the Government. Therefore, the Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which provides that, in determining the types of such hazardous work, consideration should be given, inter alia, to: (i) work which exposes children to physical, psychological or sexual abuse; (ii) work underground, underwater, at dangerous heights or in confined spaces; (iii) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (iv) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; and (v) work under particularly difficult conditions, such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee accordingly requests the Government to take the necessary measures to ensure the elaboration and adoption of a list of hazardous types of work prohibited for persons under 18, in consultation with the organizations of employers and workers concerned.

Article 7(2). Effective and time-bound measures. Clause (e). Special situation of girls. Child domestic workers. The Committee previously noted that, according to the 2004 Lesotho Child Labour Survey, girls performing domestic work face verbal, physical and, in some cases, sexual abuse from their employers, and that these children generally do not attend school. This survey also indicated that 17.4 per cent of all working children were paid domestic workers. The Committee also noted the Government’s reference to the new draft provision inserted in the draft revision of the Labour Code which provides for the protection of children engaged in domestic work. It encouraged the Government to pursue its efforts, including through labour inspection, to accord special attention to girls engaged in domestic work.

The Committee notes the information in the joint document produced by ILO–IPEC and the Ministry of Employment and Labour in 2006 entitled “Implementation Plan of the Programme towards the elimination of the worst forms of child labour in Lesotho” (Implementation Report) that girls as young as 12 years work as domestic workers, and that these children often work long exhausting days for low pay (page 10). The Committee further notes the indication in a report on the worst forms of child labour of 10 September 2009, available on the web site of the Office of the UN High Commissioner for Refugees (www.unhcr.org) that girls are trafficked within Lesotho and to other countries to perform domestic work. The Committee expresses its concern at the situation of girls engaged in domestic work in Lesotho and urges the Government to take immediate and effective measures to ensure that these children are protected from the worst forms of child labour, particularly trafficking and hazardous work. It requests the Government to provide information on concrete measures taken in this regard.

Part V of the report form. Application of the Convention in practice. The Committee previously requested the Government to provide information on the application of the Convention in practice. The Committee notes with regret an absence of information in the Government’s report on this point. However, the Committee notes the comments of the Commissioner of Labour of 2 March 2008, available on the Government’s web site (www.lesotho.go.ls) indicating that child labour continues to be a problem in Lesotho particularly with regard to under-age domestic workers and herders. The Committee also notes the information in the Implementation Report indicating that commercial sexual exploitation, the use of children by adults in illegal activities, the trafficking of children and hazardous street work are all present in Lesotho. The Committee therefore once again requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed. To the extent possible, all information provided should be disaggregated by sex and age.

The Committee encourages the Government to take into consideration, during the review of the relevant legislation, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to provide any information on progress made in this regard and invites it to consider seeking technical assistance from the ILO.

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