Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 5 of the Convention. Monitoring mechanisms. Trafficking. The Committee notes the information in the Government’s report that a multi-sectoral committee to combat trafficking in persons has been established, with the objectives of recommending policy and legislative measures to facilitate the effective prevention of trafficking, the prosecution of identified traffickers and the protection of victims of trafficking. The Committee notes the Government’s indication that the functions of the multi-sectoral committee include coordinating with stakeholders to conduct research on the extent of trafficking in the country, developing a national policy and a national plan of action on the subject, as well as overseeing the monitoring of this national policy, coordinating public awareness campaigns to sensitize prospective victims and supporting targeted interventions for at-risk populations, identifying training needs to ensure an adequate law enforcement response to this problem, and ensuring the adequate protection, return and reintegration of victims. The Committee requests the Government to pursue its efforts to combat the trafficking of children through strengthening the capacity of law enforcement agencies. It also requests the Government to provide a copy of the National Policy and National Plan of Action to combat trafficking, once adopted, and to provide any information from the research conducted on the extent of trafficking in the country related to the trafficking of persons under 18 years of age.

Informal sector. The Committee previously noted the Government’s statement that the worst forms of child labour have been reported in the informal economy, where it is very difficult to carry out inspections, in part due to the fact that this sector is not covered by the Labour Code. However, the Committee also noted that the draft revision of the Labour Code contained provisions to apply the Labour Code (including the prohibition on hazardous work for persons under 18) to all children, irrespective of whether the child or young person is working under a contract of employment or otherwise.

The Committee notes the Government’s statement in its report submitted under the Minimum Age Convention, 1973 (No. 138), that it is facing considerable capacity constraints which make it difficult to extend inspection services to the informal sector. The Government states in this report that this situation is exacerbated by the lack of a legal basis on which to perform inspections in the informal economy. The Committee urges the Government to take the necessary measures to ensure that the draft revision of the Labour Code is adopted in the near future, to ensure that children working outside the scope of a formal labour relationship, including in the informal sector, are prohibited from performing hazardous work. Moreover, noting the capacity constraints faced by the Government, the Committee requests the Government to provide information on any measures taken or envisaged to protect children from performing hazardous work in the informal sector, including any measures taken with regard to expanding the reach and strengthening the capacity of the labour inspectorate.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted the information from ILO–IPEC that the Programme Advisory Committee on Child Labour had endorsed the Action Plan for the Elimination of Child Labour (APEC) in 2008. The APEC had subsequently been endorsed by the Labour Advisory Council and had been submitted to Cabinet for approval.

The Committee notes the Government’s statement that the APEC was never operationalized following its adoption in 2008. The Government states that the APEC has to be revisited to ensure its continued relevance, prior to its implementation. In this regard, the Government indicates that a workshop with the Ministry of Labour and Employment and stakeholders is scheduled for November 2011, during which the APEC will be analysed. The Committee urges the Government to pursue its efforts to ensure the appropriate review and implementation of the APEC, in the near future. It requests the Government to provide a copy of the APEC, as revised, with its next report.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that many children, in particular herd boys, children living in poverty and children in remote rural communities, lacked access to education. However, it noted that the Education Bill (which would make primary school free and compulsory) had been introduced in Parliament. The Committee further noted the information from the 2010 UNESCO Education for All Global Monitoring Report that, as of 2007, the net intake rate in primary education was 49 per cent, and the net enrolment ratio was 72 per cent.

The Committee notes with interest that the Education Act was adopted in 2010, and that section 3 of the Act seeks to provide for both free and compulsory primary education. Section 4 of the Education Act states that the Minister may take measures to provide for free primary education to all learners from the age of 6 years, and may make provisions for free education at all other levels of learning. However, the Committee notes the information in the 2011 UNESCO Education for All Global Monitoring Report that, as of 2008, there remained approximately 101,000 out-of-school children of primary-school age. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to provide information on the impact of providing free primary education on increasing school attendance rates and reducing school drop-out rates as well as reducing the number of out-of-school children of primary-school age.

Clause (d). Identify and reach out to children at special risk. Herd boys. In its previous comments, the Committee noted that, according to the 2004 Lesotho Child Labour Survey, herding often prevents the boys involved from attending school, involves long hours and night work and exposes the children to extreme weather conditions in isolated areas. The Committee also noted the information in a joint document produced by ILO–IPEC and the Ministry of Employment and Labour in 2006 that between 10 and 14 per cent of boys of school-going age are involved in herding, about 18 per cent of whom are not employed by their own family. This report stated that the herding of animals is considered to be the most common form of paid child labour, and also the single most hazardous.

The Committee notes with interest that section 230 of the Children’s Welfare and Protection Act specifies that herding animals at cattle posts is a hazardous form of work that is prohibited to all persons under 18 years of age. The Committee requests the Government to provide information on the application in practice of section 230 of the Children’s Welfare and Protection Act, including the number of violations detected and the penalties imposed.

Orphans and other vulnerable children of HIV/AIDS (OVCs). The Committee previously noted the information in Lesotho’s 2008 progress report for the UN General Assembly Special Session on HIV/AIDS that there are approximately 108,700 children in Lesotho orphaned due to HIV/AIDS. It also noted that a Child Grants Programme was established in 2009, to provide a regular and unconditional quarterly payment to OVCs.

The Committee notes the Government’s statement in its country progress report to the UN General Assembly Special Session on the Declaration of Commitment to HIV/AIDS of 2010 that the number of children orphaned or made vulnerable by the impact of HIV and AIDS has been growing in Lesotho for over a decade. Data from 2006 indicates that there were an estimated 221,403 OVCs in the country. This report also indicates that, in 2009, 24,725 OVCs were benefiting from school bursaries, and that approximately 82,998 such children were receiving practical support. This report further indicates that the Child Grants Programme will attempt to reach 8,000 destitute households and 24,000 children in five districts by the end of the current phase in 2011. However, the Committee notes the statement in this report that, despite these interventions, many children still remain out-of-reach for the support and assistance that they need. While taking due note of the measures taken by the Government to protect orphans and other vulnerable children, the Committee expresses its concern at the increasing number of children orphaned in Lesotho as a result of HIV/AIDS. Recalling that children orphaned by HIV/AIDS and other vulnerable children are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to pursue its efforts, within the framework of the Child Grants Programme, to ensure that such children are protected from these worst forms. It requests the Government to continue to provide information on measures taken in this regard, and on the results achieved.

Article 8. International cooperation. The Committee previously noted that, in December 2009, the Government of Lesotho and the Government of South Africa had announced a new anti-trafficking cooperative relationship through which their respective security agencies would collaborate on efforts to bring human traffickers to justice. The Committee encouraged the Government to pursue this cooperative relationship and requested information on measures taken within this framework.

The Committee notes the information in the Government’s report that the multi-sectoral committee to combat trafficking is persons is in charge of the implementation of subregional and international agreements and protocols on combating trafficking in persons, as well as the promotion of cooperation and exchange of information in the subregion to prevent and to combat trafficking in persons. The Government also indicates that this multi-sectoral committee shall draft the annual report to Southern African Development Communities (SADC) on activities contributing to SADC’s ten-year strategic plan of action on combating trafficking in persons.