Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Incidence of compulsory prison labour. In its previous comments, the Committee noted that, under Rule 54(1) of the Prison Rules, work is compulsory. The Committee requested the Government to provide information on the application in practice of certain provisions of the Penal Code, 2010 and the Public Meetings and Processions Act, 1993 under which penal sanctions involving compulsory prison labour might be imposed on persons 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 Rule 54(1) of the Prison Rules is no longer applied by the prison wardens, since sensitization about the contravention of the international Human Rights Law as well as international labour standards. There is a bill to repeal the prison rules that contravene the aforesaid standards. Hence, there are no judgements made pursuant to such provisions. The Committee requests the Government to provide a copy of the bill repealing the Prison Rules, once adopted.

Article 1(a). Penal sanctions involving compulsory labour for holding or expressing political or ideological views. 1. Penal Code Act 2010. In its previous comments, the Committee noted that certain provisions of the 2010 Penal Code Act, notably sections 78 (expression of hatred or contempt), 79 (offences against the Royal Family), 101–104 (defamation) could involve the expression of political views or views ideologically opposed to the established political, social or economic system. The Committee also noted that no penalties were provided for these offences in the schedule of penalties (contained in Part X of the Penal Code Act), and that the imposition of the penalty is at the discretion of the court. The Committee requested the Government to provide information in its next report on the application in practice of the abovementioned provisions of the Penal Code Act.

The Committee notes the Government’s indication that at the period of reporting there were no prosecutions in terms of sections 78, 79, 101–104 of the Penal Code Act. The Committee requests the Government to provide information, once available, on the application in practice of sections 78, 79, 101–104 of the Penal Code Act, so that it can assess to what extent these provisions are compatible with the Convention. The Committee also requests the Government to supply copies of any court decisions that illustrate the application of such provisions, indicating the penalties imposed in this respect.

2. Public Meetings and Processions Act, 1993. 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 considered that section 6(1) and (3) of the Public Meetings and Processions Act was drafted in broad terms, and requested the Government to take the necessary measures to bring the Act into compliance with the Convention, as well as to provide information on the application of the above sections in practice. Noting that the Government’s report contains no information in this regard, the Committee once again requests the Government to provide information on the application of section 6(1) and (3) of the Public Meetings and Processions Act in practice, supplying sample copies of relevant decisions which could define or illustrate their application, and to indicate measures taken or envisaged to ensure the observance of the Convention.