Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

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 (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 that there was no specific provision in national legislation prohibiting the use, procuring or offering of a child under the age of 18 for illicit activities. However, it noted that section 129A(3)(c) of the draft revision of the Labour Code prohibited the worst forms of child labour, including the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

The Committee notes the Government’s statement that the draft revision of the Labour Code, containing provisions prohibiting the use, procuring or offering of a child for illicit activities, has been withdrawn from Parliamentary Counsel. The Government indicates that it hopes to resubmit the bill in 2013. Observing that the Government has been referring to the impending adoption of the draft revision of the Labour Code since 2006, the Committee urges the Government to take the necessary measures to ensure its adoption in the near future, to prohibit the use, procuring or offering of a child under 18 for illicit activities.

Clause (d). Hazardous work. Child domestic work. 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. Moreover, the Government indicated in its report to the Committee on the Elimination of Discrimination against Women of 26 August 2010 that domestic work is an unregulated sector and the rights of these workers are open to abuse (CEDAW/C/LSO/1-4, paragraph 68). However, the Committee noted the Government’s indication that pursuant to tripartite discussions at the National Advisory Committee on Labour, separate regulations would be promulgated on domestic work.

The Committee notes the Government’s statement that it will take measures to ensure that child domestic workers are protected from hazardous work. The Government indicates that it will consider promulgating regulations on domestic work to prohibit hazardous work in this sector to children under 18. The Committee also notes the information in the draft Action Plan for the Elimination of Child Labour (APEC) of January 2012, submitted with the Government’s report, that one of the objectives of the Plan is working towards ratifying and applying the Domestic Workers Convention, 2011 (No. 189), taking measures to address child domestic labour. The Committee urges the Government to take immediate and effective measures to ensure that child domestic workers are protected from hazardous work. In this regard, it requests the Government to take the necessary measures to ensure the development and adoption of regulations which prohibit hazardous domestic work to all children under 18 years of age. It requests the Government to provide a copy of these regulations, once adopted.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the information in a joint document produced by ILO–IPEC and the Ministry of Employment and Labour of 2006 indicating that the trafficking of children, commercial sexual exploitation, the use of children by adults in illegal activities and hazardous street work were all present in Lesotho. The Government also indicated that a child labour survey needed to be carried out in order to determine the nature, extent and trends of child labour in Lesotho, as the last such survey was carried out in 2004.

The Committee notes the Government’s indication in its report submitted under the Minimum Age Convention, 1973 (No. 138), that it is making efforts to ensure that a child labour survey is carried out in the near future. The Committee also notes the statement in the draft APEC that the worst forms of child labour exist in Lesotho, such as commercial sexual exploitation, use of children as domestic workers and herd boys, and the use of children in street work. The Committee strongly encourages the Government to pursue its efforts to undertake a survey on child labour and its worst forms, to ensure that up-to-date information on this subject is made available. It also requests the Government to provide, along with its next report, information on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed related to the worst forms of child labour. To the extent possible, all information provided should be disaggregated by sex and age.

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