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

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

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.