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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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. Following its previous comments, the Committee notes the Government’s information that there are no cases reported under section 45(b) of the Children’s Protection and Welfare Act of 2011 concerning causing or allowing a child to be on any street, premises or place for the purposes of carrying out illegal hawking, gambling or other illegal activities.

Articles 5 and 7(1). Monitoring mechanisms and penalties. Trafficking. In reply to its previous comments, the Committee notes the Government’s information that the Trafficking in Persons and Migrant Control Unit was established within the Police Service to deal with trafficking related cases. The Government also indicates that three magistrates were provided special training to hear human trafficking cases. It notes the Government’s information that four cases of trafficking of children were investigated and prosecuted, which resulted in one conviction of imprisonment for twenty years. The Government states that it has increased its anti-trafficking training and awareness raising efforts for law enforcement bodies, diplomats, social service personnel and the public. The Government further states that it undertook (i) to provide adequate funding to the Police Trafficking and Smuggling Unit; (ii) to establish a focal point in all the ten districts to ensure effective responses to all potential cases of trafficking; and (iii) to fix the jurisdictional issues that prevent magistrate courts from issuing the maximum penalties for the offences related to trafficking in persons. The Committee also notes from the document on Law Enforcement Standard Operating Procedure, 2021 that the Government, with the technical support of the International Organization for Migration and in consultation with the Multi-Sectoral Committee on Combating Trafficking in Persons, developed the Law Enforcement Standard Operating Procedure for responding to Trafficking in Persons (page 9). This document indicates that victims of internal trafficking, mainly Basotho children have been found to be exploited in domestic servitude and cattle herding. The Committee requests the Government to continue its efforts to ensure that perpetrators of trafficking of children are prosecuted and effective and dissuasive sanctions are imposed on them. In this regard, the Committee requests the Government to continue to strengthen the capacities of law enforcement bodies to combat trafficking of children under 18 years, including by means of training and adequate resources. The Committee finally requests the Government to provide information on the activities of the Trafficking in Persons and Migrant Control Unit in combating trafficking of children including the number of cases of trafficking of children identified, investigations carried out, prosecutions, convictions and penal sanctions applied.

Articles 6 and 7(2)(b). Programmes of action to eliminate the worst forms of child labour and direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking. The Committee notes the Government’s information that the National Anti-Trafficking Strategic Framework Action Plan (NSFAP) 2021–2026 and guidelines for Victim Identification and Referral to Care have been developed. It also notes from the website of the Ministry of Home Affairs that the NSFAP aims to develop effective national coordination and cooperation among stakeholders; strengthen identification, protection and support of victims of trafficking; as well as successful detection, investigation, and prosecution of the perpetrators of human trafficking. The Committee requests the Government to provide information on the concrete measures taken within the framework of the NSFAP 2021–2026 to combat the trafficking of children under 18 years of age. It also requests the Government to provide information on its implementation and the results achieved, in terms of the number of children prevented from trafficking, removed and rehabilitated.

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. In response to its previous comments, the notes the Government’s information that it has been providing sufficient funds and subsidies to ensure access of children to pre-school, secondary and higher education and is taking special measures to ensure that children remain in education, especially in rural areas. Government owned pre-schools offering free education were set up in different parts of the country. Although secondary education is not free, the Government offers scholarship for orphans and other vulnerable children. Awareness-raising programmes on the importance of education are being conducted in the rural and urban areas and parents failing to assure regular attendance of their children are subject to penalties. The Government further indicates that non formal education is provided by the Lesotho Distant Training Centre for children unable to attend school and for school drop-outs. The Committee also notes the Government’s information that it has signed an agreement with the World bank on a Basic Education Strengthening Project to improve student retention in times of COVID, especially of boys from poor households and rural areas who are most vulnerable to dropping out of school. The Committee notes that according to the UNESCO statistics there were 25,426 out-of-school children in 2019. For the same year, the gross enrolment rate at primary and secondary level stood at 108.43 and 64.08 per cent respectively. The Committee also notes from the UNICEF-Lesotho 2021 Multidimensional Child Poverty Report that approximately one out of five children aged between 13–17 years is not attending school. The deprivation of education for children aged 13–17 years is twice that of children aged 5–12 years, and particularly higher among boys and children in rural areas (pages 51 and 53). The Committee requests the Government to continue its efforts to facilitate access to free basic education of all children and particularly of boys and children in the rural areas. It requests the Government to continue to provide information on the measures taken in this regard, and the results achieved, particularly with regard to increasing school enrolment, attendance and completion rates, both at primary and secondary level, and reducing school dropout rates as well as the number of out-of-school children.

Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that according to the preliminary findings of the Labour Force Survey of 2020 the rate of the worst forms of child labour is estimated at 2.97 per cent with highest proportion among male children and children in the rural areas. The Committee also indicates that the upcoming labour force survey is envisioned to include a comprehensive module on children. The Committee also notes from the Government’s report of 2020 to the Human Rights Committee on the International Covenant on Civil and Political Rights that the Ministry of Labour and Employment is intending to carry out a Rapid Assessment on the worst forms of child labour and thereafter establish a child -specific complaints mechanism that can receive, monitor and investigate cases of child exploitation. The Committee encourages the Government to carry out the Rapid assessment on the worst forms of child labour and to provide detailed information on its findings, including statistical information on the nature, extent and trends of the worst forms of child labour, disaggregated by age and gender. It also requests the Government to provide information on any progress made with regard to the establishment of the child-specific complaints mechanism.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 3(d) and 7(2)(b) of the Convention. Hazardous work and effective and time-bound measures to remove children from the worst forms of child labour and provide for their rehabilitation and social integration. Child domestic work. The Committee previously noted that children performing domestic work often worked under poor conditions for long hours and during the night, without adequate food and clothing, were exposed to extreme weather conditions in isolated areas, and did not attend school.

With regard to the adoption of the draft Labour Code Bill which contain provisions promoting the fundamental principles and rights of all workers, including domestic workers, the Committee notes the Government’s information in its report that the Ministry of Labour and Employment is awaiting a clearance certificate from the Attorney-General for its presentation before the Parliament. The Government also indicates that the special regulations prohibiting hazardous domestic work by children under 18 years shall be developed after the adoption of the Labour Code Bill. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure that the Labour Code Bill which guarantees protection to domestic workers and the special regulations which prohibit hazardous domestic work by children under 18 years of age, are adopted in the near future. It requests the Government to provide information on any progress made in this regard. It further requests the Government to take effective and time-bound measures to provide the necessary and appropriate direct assistance to remove children engaged in domestic work from hazardous working conditions and ensure their rehabilitation and social integration and to provide information on the measures taken in this regard.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. 1. Children engaged in animal herding. The Committee previously noted from the UNICEF Multiple Indicator Cluster Survey results of 2018, that two thirds of the children involved in child labour are engaged in herding animals. It also noted that children involved in herding are still exposed to the worst forms of child labour.

In reply to its previous comments, the Committee notes the Government’s information that the Ministry of Labour and Employment conducts monthly public gatherings and media campaigns in each district to sensitize the public and the herders on the implementation of the guidelines for the agricultural sector. The Government also indicates that it is anticipated to launch the second phase of the National Action Plan for the Elimination of Child Labour (APEC-II 2022-26) in October 2022. The Committee further notes from the Government’s report of April 2020 to the Human Rights Committee on the International Covenant on Civil and Political Rights, that the Government has been taking measures (i) to provide sufficient resources to fully implement APEC and address in particular the exploitation of children in herding; (ii) to translate and widely disseminate the Minimum Employment Guidelines for herd-boys; and (iii) to undertake more awareness-raising programmes and campaigns against exploitation of children in herding (CCPR/C/LSO/2, paragraphs 139, 140 and 141). The Committee also notes the Government’s information in its report under the Minimum Age Convention, 1973 (No. 138) that the national commemoration Day of the African Child was held in Mokhotlong where a lot of children are herd boys. The Committee requests the Government to continue to take effective and time-bound measures to ensure that children who are engaged in hazardous work in animal herding are removed from this worst forms of child labour and are rehabilitated and socially integrated. In this regard, it requests the Government to continue providing information on the implementation of the guidelines for the agricultural sector as well as the specific measures taken against exploitation of children in herding within the framework of APEC-II, and the results achieved.

2. Orphans of HIV/AIDS and other vulnerable children (OVCs). Following its previous comments, the Committee notes the Government’s information that the Ministry of Social Development continues to assist vulnerable families with children with a monthly stipend of M300 (approximately US$17) in order to protect children from falling victims to the worst forms of child labour. Moreover, OVCs are freely enrolled into schools at all levels.

The Committee notes from the UNICEF report entitled Universal Child Benefit Case Studies: the Experience of Lesotho, 2019 that the Child Grants Programmecovers about 108,833 children in 38,738 households and that the Government is committed to progressively include all eligible households in this programme. The Committee notes, however, that according to the 2021 estimates from UNAIDS, about 110,000 children aged 0–17 are orphans due to HIV/AIDS in Lesotho, an increase from 85,000 in 2019. While taking note of the measures taken by the Government, the Committee urges the Government to continue strengthening its efforts to ensure that orphans of HIV/AIDS and other vulnerable children who are at an increased risk of being engaged in the worst forms of child labour, are protected from these worst forms. It requests the Government to continue to provide information on specific measures taken in this regard, and on the results achieved, particularly the number of OVCs benefiting from these initiatives and the nature of the assistance provided.

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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. In this regard it noted that section 45(b) of the Children’s Protection and Welfare Act of 2011 provides for penalties to any person who causes or allows a child (defined as a person under the age of 18 years pursuant to section 3 of the same Act) to be on any street, premises or place for the purposes of carrying out illegal hawking, gambling or other illegal activities. The penalties include a fine not exceeding 10,000 Lesotho maloti (approximately US$722) or imprisonment for a term not exceeding ten months or to both. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application of section 45(b) of the Children’s Protection and Welfare Act, including the number of offences detected related to the use of children under 18 years for illegal activities and penalties applied.

Article 5. Monitoring mechanisms. Trafficking. In its previous comments, the Committee noted the adoption of the immigration regulations in 2015 according to which minors who are travelling across borders are required to produce, in addition to their passport, an unabridged birth certificate, copies of affidavits from parents confirming permission to travel, and copies of passports of parents or legal guardians. It also noted from the Government’s report to the Human Rights Council of October 2014 that the Multi-sectoral Committee for Combating Trafficking in Persons (Multi-sectoral Committee) provides guidance and spearheads the migration management agenda in Lesotho, which includes trafficking in persons and smuggling. The Committee requested the Government to provide information on the activities of the Multi-sectoral Committee in combating the trafficking of children.

The Committee notes the Government’s information in its report that the Multi-Sectoral Committee provided training to 33 police officers on the investigation of trafficking cases; trained three prosecutors on implementing the provisions of the Anti-Trafficking Act of 2011; sensitized 24 newly appointed diplomats on anti-trafficking measures; and trained ten labour inspectors on identifying trafficking cases. The Government further indicates that to date, there are 56 cases of trafficking recorded of which 24 cases were closed and declared as not related to trafficking while investigations are ongoing in 12 cases. One person has been convicted and sentenced to two years imprisonment and two accused have been acquitted. The convict had been in custody for eight years prior to his conviction. The Committee also notes from the Progress Report on the implementation of the Action Programme on the Elimination of Child Labour (APEC Progress Report) 2013–18 that the Ministry of Home Affairs has embarked on the Lesotho Special Permit Dispensation with the Republic of South Africa in 2016 to combat trafficking of persons. The Committee further notes from the Government’s report of November 2019 to the Human Rights Council that a pilot project called “Counter Trafficking and Addressing Irregular Migration Through Strengthening Border and Migration Management, Sensitisation on Trafficking in Persons and Building Capacity of Law Enforcement and Border Officials in Lesotho” has been initiated in 2019. This project is intended to address the existing challenges at the key ports of entry and counter trafficking targeting vulnerable communities living near hotspots along the official and unofficial border crossings in Lesotho (A/HRC/WG.6/35/LSO/1, paragraph 58). The Committee requests the Government to provide information on the specific measures taken within the framework of the Counter Trafficking and Addressing Irregular Migration project to combat trafficking of children, and the results achieved. It also requests the Government to provide information on the impact of the Lesotho Special Permit Dispensation in combating trafficking of children. The Committee further requests the Government to continue providing information on the activities of the Multi-sectoral Committee in combating the trafficking of children under the age of 18 years including the number of cases of trafficking of children identified, investigations carried out, prosecutions, convictions and penal sanctions applied.

Article 6. Programmes of action to eliminate the worst forms of child labour. Action plan to combat trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the specific measures taken, within the framework of the National Anti-Trafficking in Persons Strategic Framework and Action Plan 2014–16, (NATSF–AP) to combat the trafficking of children under 18 years of age.

The Committee notes the Government’s information that the NATSF–AP has been revised for the period from 2018 to 2023. The Committee requests the Government to provide information on the concrete measures taken within the framework of the NATSF–AP 2018–2023 to combat the trafficking of children under 18 years of age. It also requests the Government to provide information on its implementation and the results achieved.

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. In its previous comments, the Committee noted the achievements made with regard to access to education of children through the implementation of various measures including the school feeding programme and the provision of school meals and the granting of bursaries. However, it noted that according to UNESCO statistics, the net enrolment rate in primary education was 79.6 per cent in 2013 while the net enrolment rate in secondary education was 34.1 per cent. The Committee encouraged the Government to pursue its efforts to facilitate access to free basic education, including measures to increase school enrolment, attendance and completion rates both at primary and secondary level.

The Committee notes the Government’s information that in 2018, a non-formal education policy was adopted to provide basic skills for children who are not enrolled in formal education. The Government also indicates that the National Strategic Development Plan II envisages to strengthen distance education. The Committee further notes from the APEC Progress Report that programmes for bringing out-of-school children and school dropouts to formal education and measures to promote universal secondary education have been adopted. Moreover, areas with insufficient numbers of basic education schools have been identified and measures to make schools accessible are in place. The Committee also notes from the Government’s report to the Human Rights Council of November 2019 that a School Improvement Plan Manual aimed at retaining students in school was adopted and 150 facilitators were engaged in 2017 to implement this manual. Furthermore, the Lesotho Basic Improvement Project 2016–21 financed by the International Development Association aims to address challenges in the basic education system and student retention in targeted primary and junior secondary schools. This project targets the 300 poorest performing primary schools across all districts in the country and 65 junior secondary schools (A/HRC/WG.6/35/LSO/1, paragraphs 102 and 105). The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of June 2018, expressed concern at the hidden costs of public primary education, such as for transportation, and high school fees for secondary education. The CRC also expressed concern at the low enrolment rates in secondary schools, particularly for boys in rural areas (CRC/C/LSO/CO/2, paragraph 53). In this regard, the Committee notes that according to the UNICEF Multiple Indicator Cluster Survey of 2018, the net attendance and completion rates is 95 per cent and 80 per cent at the primary level and 58 per cent and 44 per cent at the secondary level, respectively. This report also indicates that there were twice as many girls of upper secondary school-going age attending school than boys of the same age. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to strengthen its efforts to facilitate access to free basic education of all children and particularly of boys in the rural areas. It requests the Government to continue to provide information on the measures taken in this regard, and the results achieved, particularly with regard to increasing school enrolment, attendance and completion rates, both at primary and secondary level, and reducing school dropout rates as well as the number of out-of-school children.

Application of the Convention in practice. The Committee notes from the Government’s report that the results of the Labour Force Survey which included a module on child labour and its worst forms is yet to be published. The Committee requests the Government to provide statistical information on the worst forms of child labour, once the Labour Force Survey results are available.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 3(d) and 7(2)(b) of the Convention. Hazardous work and effective and time-bound measures to remove children from the worst forms of child labour and provide for their rehabilitation and social integration. Child domestic work. The Committee previously noted that girls performing domestic work face verbal, physical and, in some cases, sexual, abuse from their employers, and that these children generally did not attend school. It also noted the Government’s statement that it would consider promulgating regulations on domestic work to prohibit hazardous work in this sector to children under 18 years of age. The Committee further noted from the compilation report prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review that children continued to work in domestic service. Moreover, the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), had also expressed concern about the high number of children engaged in domestic work. The Committee urged the Government to take immediate and effective measures to ensure that child domestic workers were protected from hazardous work, including by developing and adopting regulations prohibiting hazardous domestic work by children under 18 years of age.

The Committee notes the absence of information on this point in the Government’s report. However, it notes from the Progress Report on the implementation of the Action Programme on the Elimination of Child Labour (APEC) 2013–2018 that the draft Labour Code Bill has integrated provisions promoting the fundamental principles and rights of all workers, including domestic workers. Furthermore, the National Advisory Committee on Labour has made a proposal on having special regulations for domestic workers. The Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of June 2018 expressed concern that children in domestic work are exposed to the worst forms of child labour (CRC/C/LSO/CO/2, paragraph 55(a)). The Committee therefore once again urges the Government to take effective and time-bound measures to provide the necessary and appropriate direct assistance to remove children engaged in domestic work from hazardous working conditions and ensure their rehabilitation and social integration. In this regard, the Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Labour Code Bill which guarantees protection to domestic workers, is adopted in the near future. It once again requests the Government to consider adopting special regulations which prohibit hazardous domestic work by children under 18 years of age. It requests the Government to provide information on any progress made in this regard.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. 1. Children engaged in animal herding. In its previous comments, the Committee noted that children engaged in animal herding often worked under poor conditions for long hours and during the night, without adequate food and clothing, were exposed to extreme weather conditions in isolated areas, and did not attend school. It also noted that between 10 and 14 per cent of boys of school-going age were involved in herding, about 18 per cent of whom were not employed by their own family. The Committee noted that the Government had adopted guidelines for the agricultural sector, with special attention to herd boys. According to the guidelines, children under 13 years of age should not herd livestock, except under the supervision of parents, employers or an adult, while children under 15 years were prohibited from herding in remote areas. The guidelines also require that herd boys should be provided with adequate clothing to suit the extreme weather conditions, adequate food and medical assistance as well as safe and proper accommodation. Moreover, their working time should not exceed more than 21 hours during school weeks and not more than 30 hours during school holidays, and night work is prohibited. It requested the Government to provide information on the implementation of the guidelines for the agricultural sector and the results achieved.

While noting an absence of information in the Government’s report on this point, the Committee notes from the APEC Progress Report that the Ministry of Labour and Employment conducted six awareness-raising campaigns on the guidelines in the districts of Botha-Bothe and Qacha’s Nek. The Committee notes that according to the UNICEF Multiple Indicator Cluster Survey results of 2018, nearly one in three children aged 5–17 years were engaged in child labour, of which two thirds of children are involved in herding animals. The Committee notes in the concluding observations of the CRC of June 2018 that children involved in herding are still exposed to the worst forms of child labour (CRC/C/LSO/CO/2, paragraph 55(a)). The Committee therefore once again urges the Government to take effective and time-bound measures to ensure that children who are engaged in hazardous work in animal herding are removed from this worst form of child labour and are rehabilitated and socially integrated. In this regard, it requests the Government to continue providing information on the implementation of the guidelines for the agricultural sector and the results achieved.

2. Orphans of HIV/AIDS and other vulnerable children (OVCs). The Committee previously noted the various support and assistance measures taken by the Government for OVCs, including school bursaries, feeding scheme programmes, the Child Grants Programme (CGP), the Conditional Cash Transfer Programme and the National Strategic Plan on Vulnerable Children 2012–17, as well as the results achieved. Further, noting from the 2014 estimates from UNAIDS that about 74,000 children aged 0–17 are orphans due to HIV/AIDS in Lesotho, the Committee urged the Government to strengthen its efforts to ensure the protection of children orphaned by HIV/AIDS and other vulnerable children from the worst forms of child labour.

The Committee notes the Government’s information that the Ministry of Social Development (MOSD) with the help of UNICEF and the European Union Lesotho have assisted in collecting data for the National Information System for Social Assistance. The Committee also notes from the APEC Progress Report that: (i) scholarship programmes for needy children for access to senior secondary schools have been adopted; (ii) District Child Protection Teams (DCPT) and Community Child Protection Teams (CCPT) were established as OVC coordinating mechanisms along with other stakeholders and labour inspectors; and (iii) a National Standards and Guidelines for Care of Vulnerable Children has been adopted for DCPTs, CCPTs, civil society organizations and other caregivers. This report further indicates that within the CGP, 33,000 households have benefitted in cash and 8,063 individuals benefited in kind. The Committee notes, however, that according to the 2019 estimates from UNAIDS, about 85,000 children aged 0–17 are orphans due to HIV/AIDS in Lesotho. While taking due note of the various measures taken by the Government for children orphaned by HIV/AIDS and other vulnerable children, the Committee requests the Government to continue its efforts to ensure that such children, who are at an increased risk of being engaged in the worst forms of child labour, are protected from these worst forms. It requests the Government to continue to provide information on specific measures taken in this regard, and on the results achieved, particularly the number of OVCs benefiting from these initiatives and the nature of the assistance provided.

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

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

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 2015.

Repetition

Article 5 of the Convention. Monitoring mechanisms. Trafficking. Following its previous comments, the Committee notes the Government’s information that as a step towards combating the trafficking of persons, especially minors, it has adopted new immigration regulations in June 2015 which contains new travel requirements for minors. According to these regulations, minors who are travelling across borders are required to produce, in addition to their passport, an unabridged birth certificate, copies of affidavit from parents confirming permission to travel, and copies of passports of parents or legal guardians.

The Committee notes the information contained in the Government’s report to the Human Rights Council of October 2014 that the main duties of the Multi-sectoral Committee for Combating Trafficking in Persons (Multi-sectoral Committee) is to guide and spearhead the migration management agenda in Lesotho, which includes trafficking in persons and smuggling. This report also indicates that the Ministry of Social Development conducted training for its officials on issues related to trafficking in persons and victim identification. Moreover, the Ministry of Gender along with the Ministry of Police conducted several awareness-raising programmes on trafficking as well as joint awareness operations with the South African Police Service along border towns and villages. The Committee further notes from this report that the activities of the Multi-sectoral Committee had led to the investigation of eight cases of trafficking in persons, of which one case has been completed and a conviction was secured (A/HRC/WG.6/21/LSO/1, paragraphs 50 and 51). The Committee requests the Government to continue providing information on the activities of the Multi-sectoral Committee in combating the trafficking of children under the age of 18 years. It also requests the Government to provide information on the number of investigations carried out by the Multi-sectoral Committee relating to trafficking of children and prosecutions, convictions and penal sanctions applied.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Action plan to combat trafficking in persons. The Committee notes from the Government’s report to the Human Rights Council that a National Anti-Trafficking in Persons Strategic Framework and an Action Plan 2014–16 to combat trafficking in persons was officially launched in July 2014. The Committee requests the Government to provide information on the specific measures taken, within the framework of the Action Plan 2014–16, to combat the trafficking of children under 18 years. It also requests the Government to provide information on its implementation and the results achieved.

2. Action Plan for the Elimination of Child Labour. Following its previous comments, the Committee notes that the Action Plan for the Elimination of Child Labour (APEC) 2013–17 has been adopted by the Government. It notes that the main objectives of the APEC include the withdrawal, rehabilitation and protection of children from the worst forms of child labour; the establishment of clear institutional arrangements to identify, withdraw and socially integrate children involved in the worst forms of child labour; the development of standard procedures, protocols and guidelines for dealing with the worst forms; and the development of effective measures to prevent and eliminate hazardous child labour. The Committee requests the Government to provide information on the concrete measures taken to address the worst forms of child labour within the framework of the APEC, and the results achieved.

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. Following its previous comments, the Committee notes the Government’s indication that the school feeding programme is aimed at attracting children to school and regular school inspections ensure the school attendance of children. The Committee notes from the Global AIDS Response Progress Report of December 2014 (Global AIDS Report) that over 250,000 children benefited from the school feeding programme. It also notes with interest from the compilation report of November 2014, prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review that, according to the submissions made by the United Nations Country Team of Lesotho, the provision of school meals and the granting of bursaries had stabilized school attendance and increased enrolment rates at the primary level. However, this report further states that secondary education is unaffordable for most children and, in 2013, only 23 per cent of boys and 37 per cent of girls were enrolled in secondary education (A/HRC/WG.6/21/LSO/2, paragraphs 57 and 59). The Committee also notes that, according to UNESCO statistics, the net enrolment rate in primary education was 79.6 per cent in 2013 while the net enrolment rate in secondary–primary education was 34.1 per cent. This report further indicates that, in 2013, a total of 68,082 children were out of school, which indicates a decrease from 99,000 in 2010. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education. It requests the Government to provide information on the measures taken in this regard, and the results achieved, particularly with regard to increasing school enrolment, attendance and completion rates, both at primary and secondary level, and reducing school drop-out rates as well as the number of out-of-school children.

Clause (d). Identify and reach out to children at special risk. Orphans and other vulnerable children (OVCs) of HIV/AIDS. The Committee previously noted that support and assistance programmes for OVCs are in place, including school bursaries, practical support and a Child Grants Programme (CGP).

The Committee notes the Government’s information that orphaned children are often taken to community homes and provided protection and assistance, while child-headed families are provided with grants and placed under feeding scheme programmes. According to the statistics from the Ministry of Social Development, during 2014–15, OVC bursaries, which include basic school needs, uniforms and school fees, were provided to 12,605 OVCs, and grants pursuant to the CGP were made available to 25,000 households.

The Committee notes from the Government’s report to the Human Rights Council that the CGP has been revised and is now based on the number of children per household so as to enable the households to meet their basic needs (A/HRC/WG.6/21/LSO/1, paragraph 33). The Committee also notes from the Global AIDS Report that, to date, the CGP is currently active across all ten districts and approximately 65,000 children are directly benefiting from grants. The Committee further notes from this report that the Government has started a Conditional Cash Transfer programme piloted in six community councils covering approximately 6,000 households. Moreover, it notes from the Government’s report to the Human Rights Council (paragraph 77) that the Ministry of Social Development adopted a National Strategic Plan on Vulnerable Children 2012–17 which aims to improve the quality of life of vulnerable children and ensure that they enjoy their basic human rights. The Committee notes, however, that according to the 2014 estimates from UNAIDS, about 74,000 children aged 0–17 are orphans due to HIV/AIDS in Lesotho. The Committee takes due note of the various measures taken by the Government for orphans and OVCs. Recalling that children orphaned by HIV/AIDS and other vulnerable children affected by this epidemic are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to ensure that such children are protected from these worst forms. It requests the Government to provide information on specific measures taken in this regard, including through the National Strategic Plan on Vulnerable children 2012–17, and on the results achieved, particularly the number of OVCs benefiting from these initiatives.

Application of the Convention in practice. The Committee notes from the Government’s report submitted under the Forced Labour Convention, 1930 (No. 29) that five cases of trafficking of children were reported in 2012, four cases in 2013 and one case in 2014. Most of the reported cases concerned trafficking of children for forced labour. The Committee requests the Government to continue providing information on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed related to the worst forms of child labour. Further, noting that a labour force survey, which includes a child labour module, is envisaged to be undertaken soon, the Committee requests the Government to provide statistical information on the worst forms of child labour, including hazardous work in the country. To the extent possible, all information provided should be disaggregated by sex and age.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

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 had requested the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 for illicit activities.

The Committee notes with interest that, according to section 45(b) of the Children’s Protection and Welfare Act of 2011, a person who causes or allows a child (defined as a person under the age of 18 years pursuant to section 3 of the same Act) to be on any street, premises or place for the purposes of carrying out illegal hawking, gambling or other illegal activities shall be liable to a fine not exceeding 10,000 Lesotho maloti (approximately US$722) or imprisonment for a term not exceeding ten months or to both. The Committee requests the Government to provide information on the application of section 45(b) of the Children’s Protection and Welfare Act, including the number of offences detected related to the use of children under 18 years for illegal activities and penalties applied.

Clause (d). Hazardous work. Child domestic work. The Committee previously noted that girls performing domestic work face verbal, physical and, in some cases, sexual abuse from their employers, and that these children generally did not attend school. It also noted the Government’s statement that it would consider promulgating regulations on domestic work to prohibit hazardous work in this sector to children under 18.

The Committee notes the absence of information in the Government’s report. However, it notes from the compilation report of November 2014, prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review that, according to the submissions made by the United Nations Country Team of Lesotho, children continued to work in domestic service (A/HRC/WG.6/21/LSO/2, paragraph 42). Moreover, the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), in its List of Issues of September 2014, expressed concern about the high number of children engaged in domestic work (CMW/C/LSO/QPR/1, paragraph 29). The Committee therefore once again 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.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. Children engaged in animal herding. In its previous comments, the Committee noted that children engaged in animal herding often worked under poor conditions for long hours and during night, without adequate food and clothing, were exposed to extreme weather conditions in isolated areas, and did not attend school. It also noted that between 10 and 14 per cent of boys of school-going age were involved in herding, about 18 per cent of whom were not employed by their own family.

The Committee notes that the Government adopted guidelines for the agricultural sector, with special attention to herd boys. According to the guidelines, children under 13 years should not herd livestock, except under the supervision of parents, employers or an adult, while children under 15 years are prohibited from herding in remote areas. The guidelines also require that herd boys should be provided with adequate clothing to suit the extreme weather conditions, adequate food and medical assistance as well as safe and proper accommodation. Moreover, their working time shall not exceed more than 21 hours during school weeks and not more than 30 hours during school holidays, and night work is prohibited. The Committee urges the Government to take effective and time-bound measures to ensure that children who are engaged in hazardous work in animal herding are removed from this worst form of child labour and are rehabilitated and socially integrated. In this regard, it requests the Government to provide information on the implementation of the guidelines for the agricultural sector and the results achieved.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5 of the Convention. Monitoring mechanisms. Trafficking. Following its previous comments, the Committee notes the Government’s information that as a step towards combating the trafficking of persons, especially minors, it has adopted new immigration regulations in June 2015 which contains new travel requirements for minors. According to these regulations, minors who are travelling across borders are required to produce, in addition to their passport, an unabridged birth certificate, copies of affidavit from parents confirming permission to travel, and copies of passports of parents or legal guardians.

The Committee notes the information contained in the Government’s report to the Human Rights Council of October 2014 that the main duties of the Multi-sectoral Committee for Combating Trafficking in Persons (Multi-sectoral Committee) is to guide and spearhead the migration management agenda in Lesotho, which includes trafficking in persons and smuggling. This report also indicates that the Ministry of Social Development conducted training for its officials on issues related to trafficking in persons and victim identification. Moreover, the Ministry of Gender along with the Ministry of Police conducted several awareness-raising programmes on trafficking as well as joint awareness operations with the South African Police Service along border towns and villages. The Committee further notes from this report that the activities of the Multi-sectoral Committee had led to the investigation of eight cases of trafficking in persons, of which one case has been completed and a conviction was secured (A/HRC/WG.6/21/LSO/1, paragraphs 50 and 51). The Committee requests the Government to continue providing information on the activities of the Multi-sectoral Committee in combating the trafficking of children under the age of 18 years. It also requests the Government to provide information on the number of investigations carried out by the Multi-sectoral Committee relating to trafficking of children and prosecutions, convictions and penal sanctions applied.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Action plan to combat trafficking in persons. The Committee notes from the Government’s report to the Human Rights Council that a National Anti-Trafficking in Persons Strategic Framework and an Action Plan 2014–16 to combat trafficking in persons was officially launched in July 2014. The Committee requests the Government to provide information on the specific measures taken, within the framework of the Action Plan 2014–16, to combat the trafficking of children under 18 years. It also requests the Government to provide information on its implementation and the results achieved.

2. Action Plan for the Elimination of Child Labour. Following its previous comments, the Committee notes that the Action Plan for the Elimination of Child Labour (APEC) 2013–17 has been adopted by the Government. It notes that the main objectives of the APEC include the withdrawal, rehabilitation and protection of children from the worst forms of child labour; the establishment of clear institutional arrangements to identify, withdraw and socially integrate children involved in the worst forms of child labour; the development of standard procedures, protocols and guidelines for dealing with the worst forms; and the development of effective measures to prevent and eliminate hazardous child labour. The Committee requests the Government to provide information on the concrete measures taken to address the worst forms of child labour within the framework of the APEC, and the results achieved.

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. Following its previous comments, the Committee notes the Government’s indication that the school feeding programme is aimed at attracting children to school and regular school inspections ensure the school attendance of children. The Committee notes from the Global AIDS Response Progress Report of December 2014 (Global AIDS Report) that over 250,000 children benefited from the school feeding programme. It also notes with interest from the compilation report of November 2014, prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review that, according to the submissions made by the United Nations Country Team of Lesotho, the provision of school meals and the granting of bursaries had stabilized school attendance and increased enrolment rates at the primary level. However, this report further states that secondary education is unaffordable for most children and, in 2013, only 23 per cent of boys and 37 per cent of girls were enrolled in secondary education (A/HRC/WG.6/21/LSO/2, paragraphs 57 and 59). The Committee also notes that, according to UNESCO statistics, the net enrolment rate in primary education was 79.6 per cent in 2013 while the net enrolment rate in secondary–primary education was 34.1 per cent. This report further indicates that, in 2013, a total of 68,082 children were out of school, which indicates a decrease from 99,000 in 2010. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education. It requests the Government to provide information on the measures taken in this regard, and the results achieved, particularly with regard to increasing school enrolment, attendance and completion rates, both at primary and secondary level, and reducing school drop-out rates as well as the number of out-of-school children.

Clause (d). Identify and reach out to children at special risk. Orphans and other vulnerable children (OVCs) of HIV/AIDS. The Committee previously noted that support and assistance programmes for OVCs are in place, including school bursaries, practical support and a Child Grants Programme (CGP).

The Committee notes the Government’s information that orphaned children are often taken to community homes and provided protection and assistance, while child-headed families are provided with grants and placed under feeding scheme programmes. According to the statistics from the Ministry of Social Development, during 2014–15, OVC bursaries, which include basic school needs, uniforms and school fees, were provided to 12,605 OVCs, and grants pursuant to the CGP were made available to 25,000 households.

The Committee notes from the Government’s report to the Human Rights Council that the CGP has been revised and is now based on the number of children per household so as to enable the households to meet their basic needs (A/HRC/WG.6/21/LSO/1, paragraph 33). The Committee also notes from the Global AIDS Report that, to date, the CGP is currently active across all ten districts and approximately 65,000 children are directly benefiting from grants. The Committee further notes from this report that the Government has started a Conditional Cash Transfer programme piloted in six community councils covering approximately 6,000 households. Moreover, it notes from the Government’s report to the Human Rights Council (paragraph 77) that the Ministry of Social Development adopted a National Strategic Plan on Vulnerable Children 2012–17 which aims to improve the quality of life of vulnerable children and ensure that they enjoy their basic human rights. The Committee notes, however, that according to the 2014 estimates from UNAIDS, about 74,000 children aged 0–17 are orphans due to HIV/AIDS in Lesotho. The Committee takes due note of the various measures taken by the Government for orphans and OVCs. Recalling that children orphaned by HIV/AIDS and other vulnerable children affected by this epidemic are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to ensure that such children are protected from these worst forms. It requests the Government to provide information on specific measures taken in this regard, including through the National Strategic Plan on Vulnerable children 2012–17, and on the results achieved, particularly the number of OVCs benefiting from these initiatives.

Application of the Convention in practice. The Committee notes from the Government’s report submitted under the Forced Labour Convention, 1930 (No. 29) that five cases of trafficking of children were reported in 2012, four cases in 2013 and one case in 2014. Most of the reported cases concerned trafficking of children for forced labour. The Committee requests the Government to continue providing information on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed related to the worst forms of child labour. Further, noting that a labour force survey, which includes a child labour module, is envisaged to be undertaken soon, the Committee requests the Government to provide statistical information on the worst forms of child labour, including hazardous work in the country. To the extent possible, all information provided should be disaggregated by sex and age.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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 had requested the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 for illicit activities.

The Committee notes with interest that, according to section 45(b) of the Children’s Protection and Welfare Act of 2011, a person who causes or allows a child (defined as a person under the age of 18 years pursuant to section 3 of the same Act) to be on any street, premises or place for the purposes of carrying out illegal hawking, gambling or other illegal activities shall be liable to a fine not exceeding 10,000 maloti (approximately US$722) or imprisonment for a term not exceeding ten months or to both. The Committee requests the Government to provide information on the application of section 45(b) of the Children’s Protection and Welfare Act, including the number of offences detected related to the use of children under 18 years for illegal activities and penalties applied.

Clause (d). Hazardous work. Child domestic work. The Committee previously noted that girls performing domestic work face verbal, physical and, in some cases, sexual abuse from their employers, and that these children generally did not attend school. It also noted the Government’s statement that it would consider promulgating regulations on domestic work to prohibit hazardous work in this sector to children under 18.

The Committee notes the absence of information in the Government’s report. However, it notes from the compilation report of November 2014, prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review that, according to the submissions made by the United Nations Country Team of Lesotho, children continued to work in domestic service (A/HRC/WG.6/21/LSO/2, paragraph 42). Moreover, the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), in its List of Issues of September 2014, expressed concern about the high number of children engaged in domestic work (CMW/C/LSO/QPR/1, paragraph 29). The Committee therefore once again 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.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. Children engaged in animal herding. In its previous comments, the Committee noted that children engaged in animal herding often worked under poor conditions for long hours and during night, without adequate food and clothing, were exposed to extreme weather conditions in isolated areas, and did not attend school. It also noted that between 10 and 14 per cent of boys of school-going age were involved in herding, about 18 per cent of whom were not employed by their own family.

The Committee notes that the Government adopted guidelines for the agricultural sector, with special attention to herd boys. According to the guidelines, children under 13 years should not herd livestock, except under the supervision of parents, employers or an adult, while children under 15 years are prohibited from herding in remote areas. The guidelines also require that herd boys should be provided with adequate clothing to suit the extreme weather conditions, adequate food and medical assistance as well as safe and proper accommodation. Moreover, their working time shall not exceed more than 21 hours during school weeks and not more than 30 hours during school holidays, and night work is prohibited. The Committee urges the Government to take effective and time-bound measures to ensure that children who are engaged in hazardous work in animal herding are removed from this worst form of child labour and are rehabilitated and socially integrated. In this regard, it requests the Government to provide information on the implementation of the guidelines for the agricultural sector and the results achieved.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 5 of the Convention. Monitoring mechanisms. Trafficking. The Committee previously noted the Government’s indication that a multi-sectoral committee to combat trafficking in persons was 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. It requested information on the activities of this Committee.

The Committee notes an absence of information on this point in the Government’s report. However, it notes the statement in the draft Action Plan for the Elimination of Child Labour (APEC) of January 2012, submitted with the Government’s report, that child trafficking has been reported in the Mafeteng border area. The draft APEC also refers to a study undertaken by the Ministry of Home Affairs in 2010, which found that human trafficking, including child trafficking, did occur in Lesotho, particularly in districts such as Quthing. The Committee also notes the statement of the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 8 November 2011, that it remained concerned at the continuing prevalence of trafficking in women and girls in the country and at the low reporting rate, in addition to the lack of shelters and counselling services for victims of trafficking (CEDAW/C/LSO/CO/1-4, paragraph 24). The Committee requests the Government to take the necessary measures to combat the trafficking of children, including through strengthening the capacity of the relevant law enforcement agencies. It requests the Government to provide information on the concrete measures taken in this regard, and on the results achieved, particularly on the number of investigations, prosecutions and convictions related to the trafficking of persons under the age of 18.

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 endorsed the APEC in 2008. However, the Government subsequently indicated that the APEC had not been operationalized and that it needed to be revisited to ensure its continued relevance, prior to its implementation.

The Committee notes the Government’s statement that the APEC has been finalised, and has received the approval of the National Advisory Committee on Labour. A workshop will be held in 2013 to present the APEC. According to the draft APEC, the Plan contains six main objectives, including the withdrawal, rehabilitation and protection of children from the worst forms of child labour. It contains measures to establish clear institutional arrangements to identify, withdraw and socially integrate children involved in the worst forms of child labour, the development of standard procedures, protocols and guidelines for dealing with the worst forms, measures to prevent and eliminate hazardous child labour, and the formulation of a programme to ensure the safety and health of working children above the minimum age but below the age of 18. The Committee urges the Government to pursue its efforts to ensure the adoption of the APEC, in the near future. It requests the Government to provide information, in its next report, on the implementation of measures to address the worst forms of child labour within the APEC, as well as the results achieved.

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 the adoption of the Education Act in 2010, section 3 of which seeks to provide for both free and compulsory primary education.

The Committee notes the statement in the draft APEC that a significant number of children are still unable to access education. In this regard, the draft APEC contains several measures to improve access to basic education, such as the design and implementation of a policy for getting out-of-school children into school, including subsidies to needy children as well as programmes to ensure geographical accessibility to basic education. Moreover, the draft APEC seeks to strengthen education delivery to out-of-school children, by improving access to alternative education. The Committee also notes that, according to the UNESCO Global Monitoring Report of 2012, the net enrolment rate in primary education rose from 56 per cent in 1999 to 73 per cent in 2010. This report further indicates that, over the same period, the number of out-of-school children of primary school age decreased from 160,000 to 99,000. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education. It requests the Government to provide information on the measures taken in this regard, including through the APEC, and to provide information on the impact of these measures on increasing school attendance rates and reducing school drop-out rates as well as the number of out-of-school children.

Clause (d). Identify and reach out to children at special risk. 1. Herd boys. In its previous comments, the Committee noted that, according to the 2004 Lesotho Child Labour Survey, herding often prevented the boys involved from attending school, involved long hours and night work, and exposed 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 were involved in herding, about 18 per cent of whom were not employed by their own family. This report stated that the herding of animals was considered to be the most common form of paid child labour, and also the single most hazardous. However, the Committee noted that section 230 of the Children’s Welfare and Protection Act, adopted in 2010, 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 notes the information in the draft APEC that children engaged as herd boys often work under poor conditions, receiving inadequate food and clothing, working on difficult terrain and in harsh weather conditions, and do not attend school. The Committee requests the Government to take the necessary measures to protect children from hazardous work as herd boys. In this regard, it requests the Government to provide information on measures taken to apply section 230 of the Children’s Welfare and Protection Act in practice.

2. Orphans and other vulnerable children (OVCs) of HIV/AIDS. The Committee previously noted the Government’s statement that the number of children orphaned or made vulnerable by the impact of HIV and AIDS had been growing in Lesotho for over a decade. Data from 2006 indicated that there were an estimated 221,403 OVCs in the country. While OVCs were benefiting from school bursaries, practical support and a child grant programme, many children still remained out of reach for the support and assistance that they required.

The Committee notes the statement in the draft APEC that the HIV/AIDS pandemic has made the situation of children more precarious, and has therefore been a major influence on child labour. Educational opportunities are compromised as children are withdrawn from school to care for ill family members and to supplement family income. Orphaned children are particularly at risk for engagement in child labour, and children in child-headed households are particularly vulnerable to labour exploitation. However, the draft APEC indicates that the Government introduced a bursary scheme for education specifically targeting OVCs. Moreover, the draft APEC includes measures to reach out to vulnerable children, including the development and implementation of a programme to promote and strengthen home-based care for HIV/AIDS patients, as well as the establishment of community registers of child-headed households for use in support programmes. The Committee further notes the Government’s statement in its report that OVCs receive grants through UNICEF. However, the Committee notes that CEDAW, in its concluding observations of 8 November 2011, took note of the adoption in 2011 of the National HIV/AIDS Strategic Plan and the National Action Plan on Women, Girls and HIV/AIDS 2011–16, but also expressed deep concern that Lesotho faces a serious epidemic and that women and girls are disproportionately affected by HIV (CEDAW/C/LSO/CO/1-4, paragraph 34). Recalling that children orphaned by HIV/AIDS and other vulnerable children affected by this epidemic are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to ensure that such children are protected from these worst forms. It requests the Government to provide information on specific measures taken in this regard, including through the APEC, and on the results achieved, particularly the number of OVCs benefiting from these initiatives.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

Repetition

Article 5 of the Convention. Monitoring mechanisms. 1. 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.

2. 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. 1. 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.

2. 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.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

Repetition

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 urged the Government to take immediate measures to ensure the adoption of legislation prohibiting the sale and trafficking of children.

The Committee notes with satisfaction that the Anti-Trafficking in Persons Act was enacted into law on 11 January 2011, and that section 5(1) and (2) of this Act prohibits the trafficking of children. Section 5(2) of this Act provides for a maximum penalty of life imprisonment or a fine of up to 2,000,000 Lesotho malotis (LSL) for this offence (approximately US$253,453). In addition, the Committee notes that section 2 of the Anti-Trafficking in Persons Act defines a child as a person who is under 18 years of age and defines trafficking to include the recruitment, transportation, transfer, harbouring, sale, supply or receipt of persons, within and across the borders of Lesotho by means of the use of threat, force or other means of coercion, abduction, kidnapping, fraud or deception, the abuse of power, law or legal process or a position of vulnerability or debt bondage or the giving or receiving of payment to obtain the consent of a person having control over another person, for the purpose of exploitation. Moreover, the Committee notes with interest that the Children’s Protection and Welfare Act was adopted on 31 March 2011 and that section 67 thereof prohibits the trafficking of children (defined as all person under the age of 18, pursuant to section 3 of the Act).

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. However, it noted that the 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 that section 18 of the Children’s Protection and Welfare Act states that a child has the right to be protected from, inter alia, being involved in the production, trafficking or distribution of drugs. However, the Committee observes that this provision does not appear to explicitly prohibit the use, procuring or offering of a child for other illicit activities, nor does it provide for penalties for adults who engage in this practice. Regarding the draft revision of the Labour Code, the Committee notes the Government’s statement that the Code is currently being prepared for presentation to Parliament and that it hopes that the draft revision of the Labour Code will be adopted early next year. 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. The Committee further noted the Government’s reference to the provision inserted in the draft revision of the Labour Code which provides for the protection of children engaged in domestic work. In addition, the Committee noted 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” that girls as young as 12 years work as domestic workers, and that these children often work long exhausting days for low pay.

The Committee notes the Government’s statement in its report submitted under the Minimum Age Convention, 1973 (No. 138), that, pursuant to tripartite discussions at the National Advisory Committee on Labour, separate regulations will be promulgated on domestic work, instead of regulating domestic work through the Labour Code. The Committee also notes the Government’s statement 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). The Committee accordingly 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 measures to ensure that the regulations promulgated on domestic work prohibit hazardous work in this sector to all children under 18 years of age. It further 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 noted the comments of the Commissioner of Labour of 2 March 2008 indicating that child labour continues to be a problem in Lesotho, particularly with regard to under-age domestic workers and herders. The Committee also noted the information in the 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 are all present in Lesotho. The Committee requested the Government to provide information on the nature, extent and trends of the worst forms of child labour.

The Committee notes the information in the Government’s report that a child labour survey needs 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 Government indicates that meetings were held with ILO–IPEC in June 2011 regarding technical assistance for this purpose. 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 statistical 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 with regard 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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

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.

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

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 urged the Government to take immediate measures to ensure the adoption of legislation prohibiting the sale and trafficking of children.

The Committee notes with satisfaction that the Anti-Trafficking in Persons Act was enacted into law on 11 January 2011, and that section 5(1) and (2) of this Act prohibits the trafficking of children. Section 5(2) of this Act provides for a maximum penalty of life imprisonment or a fine of up to 2,000,000 Lesotho malotis (LSL) for this offence (approximately US$253,453). In addition, the Committee notes that section 2 of the Anti-Trafficking in Persons Act defines a child as a person who is under 18 years of age and defines trafficking to include the recruitment, transportation, transfer, harbouring, sale, supply or receipt of persons, within and across the borders of Lesotho by means of the use of threat, force or other means of coercion, abduction, kidnapping, fraud or deception, the abuse of power, law or legal process or a position of vulnerability or debt bondage or the giving or receiving of payment to obtain the consent of a person having control over another person, for the purpose of exploitation. Moreover, the Committee notes with interest that the Children’s Protection and Welfare Act was adopted on 31 March 2011 and that section 67 thereof prohibits the trafficking of children (defined as all person under the age of 18, pursuant to section 3 of the Act).

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. However, it noted that the 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 that section 18 of the Children’s Protection and Welfare Act states that a child has the right to be protected from, inter alia, being involved in the production, trafficking or distribution of drugs. However, the Committee observes that this provision does not appear to explicitly prohibit the use, procuring or offering of a child for other illicit activities, nor does it provide for penalties for adults who engage in this practice. Regarding the draft revision of the Labour Code, the Committee notes the Government’s statement that the Code is currently being prepared for presentation to Parliament and that it hopes that the draft revision of the Labour Code will be adopted early next year. 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. The Committee further noted the Government’s reference to the provision inserted in the draft revision of the Labour Code which provides for the protection of children engaged in domestic work. In addition, the Committee noted 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” that girls as young as 12 years work as domestic workers, and that these children often work long exhausting days for low pay.

The Committee notes the Government’s statement in its report submitted under the Minimum Age Convention, 1973 (No. 138), that, pursuant to tripartite discussions at the National Advisory Committee on Labour, separate regulations will be promulgated on domestic work, instead of regulating domestic work through the Labour Code. The Committee also notes the Government’s statement 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). The Committee accordingly 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 measures to ensure that the regulations promulgated on domestic work prohibit hazardous work in this sector to all children under 18 years of age. It further requests the Government to provide a copy of these regulations, once adopted.

Article 4(1). Determination of hazardous work. The Committee previously requested the Government to take measures to ensure the elaboration and adoption of a list of hazardous types of work prohibited for persons under 18 years.

The Committee notes with satisfaction that section 230(1) of the Children’s Protection and Welfare Act states that no child below 18 years shall be employed in any form of hazardous work, and section 230(2) specifies that hazardous work includes mining and quarrying; porterage of heavy loads; work in manufacturing industries where chemicals are produced or used; work in places where dangerous machines are used; work in places such as bars, hotels and places of entertainment; herding animals at cattle posts; and the production and trafficking of tobacco. The Committee also notes that section 230(4) of the Children’s Protection and Welfare Act states that a person who contravenes this prohibition commits an offence and is liable to a fine not exceeding LSL20,000 (approximately US$2,150) or to a period of imprisonment not exceeding 20 months.

Part V of the report form. Application of the Convention in practice. The Committee noted the comments of the Commissioner of Labour of 2 March 2008 indicating that child labour continues to be a problem in Lesotho, particularly with regard to under-age domestic workers and herders. The Committee also noted the information in the 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 are all present in Lesotho. The Committee requested the Government to provide information on the nature, extent and trends of the worst forms of child labour.

The Committee notes the information in the Government’s report that a child labour survey needs 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 Government indicates that meetings were held with ILO–IPEC in June 2011 regarding technical assistance for this purpose. 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 statistical 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 with regard 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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Self-employed children. The Committee previously noted that section 125(1) of the Labour Code, which prohibits the employment of children (i.e. under 15 years) and young persons (i.e. between 15 and 18) in any work hazardous to their health or morals, dangerous or otherwise unsuitable, applies only to contractual employment, and does not apply to young persons under 18 years of age who are not covered by contractual employment relations. The Committee subsequently noted the Government’s indication that the draft revision of the Labour Code contained a provision for the protection of children in the domestic sector as well as of self-employed workers. The Government indicated that this proposed provision stated that, for the purposes of sections 124–129 of the Labour Code of 1992 (related to the minimum age for admission to work and hazardous work), “[a] person is deemed to have employed a child or young person if they employ a child or young person to work or require or permit a child or young person to work in any workplace or establishment under their control, including work as a domestic worker, or for any business that they conduct, irrespective of whether the child or young person is working in terms of a contract of employment or otherwise”. The Committee expressed the hope that the draft revision of the Labour Code would soon be adopted. Noting that the draft revision of the Labour Code has yet to be adopted, the Committee once again urges the Government to take the necessary measures to ensure its adoption in the near future, to ensure that children under 18 working outside a contractual employment relationship, such as self-employed workers, are protected from performing work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety and morals.

Article 5. Monitoring mechanisms. The Committee previously noted with concern the information provided by the Committee on the Rights of the Child in its concluding observations of 2001 (CRC/C/15/Add.147, paragraph 55) regarding the large number of children working in potentially dangerous conditions and the lack of monitoring and supervision over the conditions in which they work. It also 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. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to take the necessary measures to protect children from hazardous work in the informal sector, including through the strengthening of the labour inspection system in this sector. It also requests the Government to provide information on the concrete measures taken in this regard, in its next report.

Article 6(1). Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted the Government’s statement that the ILO–IPEC project entitled “Towards the Elimination of the Worst Forms of Child Labour” (TECL) had not yet been operationalized.

The Committee notes the information in the ILO–IPEC Final Technical Progress Report on the TECL project of 30 June 2008 that, following the endorsement of the Programme Advisory Committee on Child Labour in June 2008, the Action Plan for the elimination of child labour was subsequently approved by the Labour Advisory Council (NACOLA) and has been submitted to Cabinet for approval. The ILO–IPEC TPR also indicated that TECL Phase I is complete. The Committee requests the Government to provide information on progress made towards the adoption of the Action Plan for the elimination of child labour. It also requests the Government to provide information on the subsequent implementation of the Action Plan, particularly the results achieved with regard to the elimination of the worst forms of child labour.

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 primary education is not compulsory and that many children, in particular herd boys, children living in poverty and children in remote rural communities, lacked access to education. It also noted that a bill introducing free and compulsory primary education was in the process of adoption.

The Committee notes the information available on the Government’s website (www.lesotho.gov.ls) that, as of the October 2009, the Education Bill (which would make primary school free and compulsory) had yet to be adopted and was under discussion in Parliament. The Committee also notes the information from UNESCO’s 2010 report entitled “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. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to pursue its efforts to ensure the adoption of the Education Bill, to ensure that free basic education is provided for all children. It requests the Government to provide information on progress made towards the adoption of the Education Bill and to provide a copy, once adopted. It further requests the Government to provide information on any additional measures taken to improve the functioning of the education system, and on the results achieved, particularly with regard to increasing primary school intake and enrolment rates.

Clause (d). Identify and reach out to children at special risk. 1. Herd boys. In its previous comments, the Committee noted that, according to the 2004 Lesotho Child Labour Survey, herding is considered a worst form of child labour because it 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 Government’s indication that a strategic planning workshop to identify the most hazardous forms of child labour held in 2004 (within the framework of TECL Phase I) identified the work of herd boys as a hazardous form of child labour. The Committee requested the Government to provide information on measures taken to protect this group.

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 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. The Implementation Report states 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 also notes the information in the UNICEF document entitled “UNICEF Humanitarian Action in Lesotho” for 2007 that there are approximately 15,000 herd boys in Lesotho and that, as a group, herd boys have high illiteracy rates, the least access to education and are rarely reached by services or national programmes. This UNICEF document states that that “[c]hildren who are herd boys are not only engaged in one of the worst forms of child labour but are also exposed to high levels of abuse and neglect”. However, the Committee notes that the UNICEF document indicates that UNICEF is collaborating with the Lesotho Distance Teacher Centre (LDTC) and NGOs to reach out to vulnerable groups, such as herd boys, with non-formal education. The Committee also notes that, according to the UN Development Assistance Framework (UNDAF) for 2008–12, increased coverage and improved quality of non-formal education to herd boys (among other vulnerable groups) is an objective of the UNDAF in Lesotho. The Committee requests the Government to strengthen its efforts to protect herd boys from the worst forms of child labour. In this regard, it requests the Government to provide information on measures taken to provide non-formal education and other services to this vulnerable group.

2. Orphans and other vulnerable children (OVCs). Following its previous comments, the Committee notes the information in Lesotho’s 2008 Progress Report for the UN General Assembly Special Session on HIV and AIDS (UNGASS Report) that there are approximately 108,700 children in Lesotho orphaned due to HIV/AIDS. The UNGASS Report also indicates that a national OVC Policy was approved in 2006, and a National OVC Coordination Committee was established to oversee its implementation. The OVC Policy seeks to provide an enabling environment in which orphans and vulnerable children are adequately cared for, supported and protected in all respects. The Committee notes the information from UNICEF that a Child Grants Programme began in 2009, initiated by the Government, the European Union (EU) and UNICEF, in the context the Government’s broader OVC Policy. This programme provides a regular and unconditional quarterly payment of about approximately US$38 to OVCs. Around 950 households – comprising over 2,370 orphans and vulnerable children – are currently benefiting from these small quarterly grants. This monetary assistance is gradually being complemented by other services, such as World Food Programme assistance and psychosocial support for families and children affected by HIV. 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 take the necessary measures, within the framework of the OVC Policy, to ensure that children who have been orphaned by HIV/AIDS are protected from these worst forms. The Committee requests the Government to provide information on measures taken in this regard, including the Child Grants Programme, and on the results achieved.

Article 8. International cooperation. The Committee notes the information in a report entitled “Trafficking in Persons Interim Assessment – Lesotho” of 24 February 2010 (available on the web site of the Office of the UN High Commissioner for Refugees (www.unhcr.org)) that, in December 2009, the Government of Lesotho and the Government of South Africa 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 notes that, pursuant to this cooperation, the countries’ law enforcement agencies have been holding meetings in towns along their shared border to sensitize the public to the dangers of trafficking. Noting that the Trafficking Report indicates that children are trafficked from Lesotho to South Africa, the Committee encourages the Government to pursue this cooperative relationship. It requests the Government to provide information on measures taken within this framework to prevent and eliminate the sale and trafficking of children.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Trafficking of children. The Committee had previously noted that the Law Reform Commission had prepared the Children’s Protection and Welfare Bill which provides that child trafficking constitutes an offence. It had also noted the Government’s information that the Bill defines a child as a person under the age of 18 years. The Committee notes the Government’s information that the legislative process for the adoption of the Children’s Protection and Welfare Bill is still ongoing. The Committee hopes that the Children’s Protection and Welfare Bill will be adopted shortly and requests the Government to provide a copy of the Bill as soon as it has been adopted.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that section 2 of Proclamation No. 35 of 1922, “Opium and habit‑forming drugs”, punishes in general the importation, exportation, production, manufacturing, sale and exchange of any habit-forming drug and of any plant from which such drug can be extracted. It had also noted the Government’s statement that there is no legislation specifically providing for the prohibition of the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs. It had requested the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for the production and trafficking of drugs. The Committee notes the absence of information in the Government’s report. The Committee reminds 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 therefore requests the Government to take measures to prohibit the use, procuring or offering of a child under 18 years for the production and trafficking of drugs, as a matter of urgency.

Clause (d). Hazardous work. Self-employed children. The Committee had previously noted that section 125(1) of the Labour Code, which prohibits the employment of children (i.e. under 15 years) and young persons (i.e. between 15 and 18) in any work hazardous to their health or morals, dangerous or otherwise unsuitable, applies only to contractual employment, and does not apply to young persons under 18 years of age who are not covered by contractual employment relations. The Committee notes with interest the information provided by the Government under Convention No. 138 that the Labour Code has been reviewed and a new provision for the protection of children in the domestic sector as well as self-employed workers has been inserted which reads as follows: for the purposes of sections 124–129 of the Labour Code of 1992 (related to the minimum age for admission to work, hazardous work, and related issues), “A person is deemed to have employed a child or young person if they employ a child or young person to work or require or permit a child or young person to work in any workplace or establishment under their control, including work as a domestic worker, or for any business that they conduct, irrespective of whether the child or young person is working in terms of a contract of employment or otherwise.” The Committee hopes that the Labour Code duly reviewed will be adopted in the very near future. It requests the Government to supply a copy of the same once it has been adopted.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that section 125(1) of the Labour Code provides that the Minister, by notification in the Gazette, or the Labour Commissioner acting in accordance with the directions of the Minister, may, by notice in writing, determine types of work injurious to the health and morals of children and young persons. It had, however, noted that neither the Labour Code nor any other legislation in Lesotho had determined the types of employment or work that are likely to jeopardize the health, safety or morals of young persons pursuant to section 125(1) of the Labour Code. The Committee notes the Government’s information that, under the Labour Code review, a new section 129A containing a list of types of hazardous work prohibited to young persons has been inserted after consultation with the employers’ and workers’ organizations. The Committee notes that, although the Government states that it has sent a copy of the list with its report, no such document has been supplied. The Committee expresses the firm hope that the list of types of hazardous work will be adopted soon and requests the Government to provide a copy of the same once it has been adopted.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously noted the Government’s information that, under the programme Towards the Elimination of the Worst Forms of Child Labour (TECL), a strategic planning workshop was held in November 2004, the aim of which was to identify the most hazardous forms of child labour. It had requested the Government to provide information on the findings of the 2004 workshop with regard to the identification of hazardous work. The Committee notes the Government’s information that the 2004 workshop identified the following hazardous forms of child labour: herd boys, commercial sexual exploitation, using children for crimes, domestic work, street vending, collection of taxi fares and fetching wood and water from long distances.

Article 5. Monitoring mechanisms. The Committee had previously noted that the Labour Code provides broad powers to the labour officers to perform inspections. Nevertheless, it had noted with concern the information provided by the Committee on the Rights of the Child in its concluding observations of 2001 (CRC/C/15/Add.147, paragraph 55) about the large number of children working in potentially dangerous conditions and the lack of monitoring and supervision over the conditions in which they work. It had also 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. It had further noted the Government’s statement that the Labour Code does not cater to the need to carry out inspections in the informal sector. The Committee notes the Government’s information that collective efforts are being taken to protect children from hazardous child labour. The Committee encourages the Government to take the necessary measures to protect children from hazardous work in the informal sector, including through the strengthening of the labour inspection system in this sector. It requests the Government to provide information on the measures taken in this regard.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s statement that the ILO–IPEC project entitled “Towards the Elimination of the Worst Forms of Child Labour” (TECL) has not yet been operationalized. The implementation of this project will take place after it has been approved by the Cabinet. The Committee requests the Government to provide information on the implementation of the TECL project and on any relevant impact with regard to the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Ensuring access to free basic education. The Committee had previously noted that primary education has not yet been made compulsory and that many children, in particular herd boys, children living in poverty and children in remote rural communities, continue not to have access to education. It also noted the Government’s information that the project entitled “Reducing Exploitative Child Labour” (RECLISA) which aims at providing non-formal educational opportunities for school drop-outs and other vulnerable children, in particular herd boys, was extended up to 2009. The Committee notes the Government’s statement that the implementation of the RECLISA project was started in 2006 and that so far 328 children have benefited from this project. It notes, however, the Government’s indication that this project came to an end in December 2007. It also notes the information provided by the Government in its report under Convention No.138 that a Bill introducing free and compulsory primary education is in the process of being adopted. Considering that education plays an important role in preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to take the necessary measures aimed at improving their access to free basic education. It also expresses the firm hope that the Bill introducing free and compulsory primary education will soon be adopted. It further asks the Government to supply updated statistical data on school enrolment and drop-out rates.

Clause (d). Identify and reach out to children at special risk. 1. Herd boys, street children and other children at risk. The Committee had previously noted that, in its concluding observations (CRC/C/15/Add.147, paragraphs 59 and 60), the Committee on the Rights of the Child had observed with concern the increasing number of children living and working on the streets in Lesotho and recommended that the State party make every effort to identify and address the causes of children living on the streets and to formulate policies and provide assistance to such children. It had also noted that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – herding is considered a worst form of child labour because it 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. Moreover, with regard to street work, most children working on the streets are faced daily with hazardous working conditions and extreme weather conditions that are detrimental to their health. In addition, they are often used in illegal activities, such as housebreaking and petty theft, by unscrupulous adults. The Committee notes the Government’s statement that the Ministry of Education, together with UNICEF, has established Child Protection Teams made up of representatives of the Ministries of Labour and Employment; Health and Social Welfare and Home Affairs. It also notes the Government’s statement that the Global Fund on AIDS has provided funds for the renovation of households in which orphaned and vulnerable children live in order to provide them with better care and assistance. The Committee requests the Government to provide information on the functioning of the Child Protection Teams, with regard to protecting herd boys, street children and other vulnerable children from the worst forms of child labour.

2. Child victims/orphans of HIV/AIDS. The Committee had previously noted the Government’s statement that, in most ministries, including the Ministry of Employment and Labour, HIV/AIDS support groups were created with the aim, amongst others, of helping and developing home-based community care, which goes to communities and villages to help victims of HIV/AIDS. Orphans have also been supported through this home-based community care, by helping them to grow their own crops and offering them food and clothes. It had also noted that, according to UNICEF data, the Government of Lesotho, UNICEF, the World Food Programme and other partners are working to ensure that children are educated about the dangers of HIV and how to avoid it. It had further noted the Government’s indication that it is in the process of implementing the National AIDS Strategic Plan and the Policy Framework on HIV/AIDS Prevention, Control and Management. The Committee requests the Government to provide information on the impact of the abovementioned measures on protecting child victims/orphans of HIV/AIDS from the worst forms of child labour. It also requests the Government to provide information on the implementation of the National AIDS Strategic Plan and the Policy Framework on HIV/AIDS Prevention, Control and Management.

Clause (e). Special situation of girls. The Committee had previously noted that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – girls performing domestic work face a lot of verbal, physical and, in some cases, sexual abuse from their employers. Moreover, most of them do not attend school. It had also noted that, according to this survey, 17.4 per cent of all working children were paid domestic workers. Moreover, 36.6 per cent of all children in Lesotho were involved in housekeeping activities without any time limit. It had requested the Government to take effective and time-bound measures to protect girls engaged in domestic work from the worst forms of child labour. The Committee notes the Government’s reference to the new provision inserted in the revised Labour Code which provides for the protection of children engaged in domestic work. The Committee encourages the Government to pursue its efforts, including through labour inspection, to accord special attention to girls engaged in domestic work and to ensure that they do not perform hazardous work.

Parts IV and V of the report form. The Committee notes the Government’s statement that there are no cases related to the worst forms of child labour and hence no prosecutions, convictions or penalties have been imposed. It further notes the Government’s information that the investigations carried out by the Labour Department, based on an allegation made by the Lesotho Clothing and Allied Workers Union that child labour was practised in the textile industry, found that the allegation was not true. The Committee requests the Government to provide information on inspection reports, studies and inquiries and 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.

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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Trafficking of children. The Committee had previously noted that the Law Reform Commission had prepared the Children’s Protection and Welfare Bill which provides that child trafficking constitutes an offence. It had also noted the Government’s information that the Bill defines a child as a person under the age of 18 years. The Committee notes the Government’s information that the legislative process for the adoption of the Children’s Protection and Welfare Bill is still ongoing. The Committee hopes that the Children’s Protection and Welfare Bill will be adopted shortly and requests the Government to provide a copy of the Bill as soon as it has been adopted.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that section 2 of Proclamation No. 35 of 1922, “Opium and habit-forming drugs”, punishes in general the importation, exportation, production, manufacturing, sale and exchange of any habit-forming drug and of any plant from which such drug can be extracted. It had also noted the Government’s statement that there is no legislation specifically providing for the prohibition of the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs. It had requested the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for the production and trafficking of drugs. The Committee notes the absence of information in the Government’s report. The Committee reminds 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 therefore requests the Government to take measures to prohibit the use, procuring or offering of a child under 18 years for the production and trafficking of drugs, as a matter of urgency.

Clause (d). Hazardous work. Self-employed children. The Committee had previously noted that section 125(1) of the Labour Code, which prohibits the employment of children (i.e. under 15 years) and young persons (i.e. between 15 and 18) in any work hazardous to their health or morals, dangerous or otherwise unsuitable, applies only to contractual employment, and does not apply to young persons under 18 years of age who are not covered by contractual employment relations. The Committee notes with interest the information provided by the Government under Convention No. 138 that the Labour Code has been reviewed and a new provision for the protection of children in the domestic sector as well as self-employed workers has been inserted which reads as follows: for the purposes of sections 124 to 129 of the Labour Code of 1992 (related to the minimum age for admission to work, hazardous work, and related issues), “A person is deemed to have employed a child or young person if they employ a child or young person to work or require or permit a child or young person to work in any workplace or establishment under their control, including work as a domestic worker, or for any business that they conduct, irrespective of whether the child or young person is working in terms of a contract of employment or otherwise.” The Committee hopes that the Labour Code duly reviewed will be adopted in the very near future. It requests the Government to supply a copy of the same once it has been adopted.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that section 125(1) of the Labour Code provides that the Minister, by notification in the Gazette, or the Labour Commissioner acting in accordance with the directions of the Minister, may, by notice in writing, determine types of work injurious to the health and morals of children and young persons. It had, however, noted that neither the Labour Code nor any other legislation in Lesotho had determined the types of employment or work that are likely to jeopardize the health, safety or morals of young persons pursuant to section 125(1) of the Labour Code. The Committee notes the Government’s information that, under the Labour Code review, a new section 129A containing a list of types of hazardous work prohibited to young persons has been inserted after consultation with the employers’ and workers’ organizations. The Committee notes that, although the Government states that it has sent a copy of the list with its report, no such document has been supplied. The Committee expresses the firm hope that the list of types of hazardous work will be adopted soon and requests the Government to provide a copy of the same once it has been adopted.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously noted the Government’s information that, under the programme Towards the Elimination of the Worst Forms of Child Labour (TECL), a strategic planning workshop was held in November 2004, the aim of which was to identify the most hazardous forms of child labour. It had requested the Government to provide information on the findings of the 2004 workshop with regard to the identification of hazardous work. The Committee notes the Government’s information that the 2004 workshop identified the following hazardous forms of child labour: herd boys, commercial sexual exploitation, using children for crimes, domestic work, street vending, collection of taxi fares and fetching wood and water from long distances.

Article 5. Monitoring mechanisms. The Committee had previously noted that the Labour Code provides broad powers to the labour officers to perform inspections. Nevertheless, it had noted with concern the information provided by the Committee on the Rights of the Child in its concluding observations of 2001 (CRC/C/15/Add.147, paragraph 55) about the large number of children working in potentially dangerous conditions and the lack of monitoring and supervision over the conditions in which they work. It had also 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. It had further noted the Government’s statement that the Labour Code does not cater to the need to carry out inspections in the informal sector. The Committee notes the Government’s information that collective efforts are being taken to protect children from hazardous child labour. The Committee encourages the Government to take the necessary measures to protect children from hazardous work in the informal sector, including through the strengthening of the labour inspection system in this sector. It requests the Government to provide information on the measures taken in this regard.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s statement that the ILO/IPEC project entitled “Towards the Elimination of the Worst Forms of Child Labour” (TECL) has not yet been operationalized. The implementation of this project will take place after it has been approved by the Cabinet. The Committee requests the Government to provide information on the implementation of the TECL project and on any relevant impact with regard to the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Ensuring access to free basic education. The Committee had previously noted that primary education has not yet been made compulsory and that many children, in particular herd boys, children living in poverty and children in remote rural communities, continue not to have access to education. It also noted the Government’s information that the project entitled “Reducing Exploitative Child Labour” (RECLISA) which aims at providing non-formal educational opportunities for school drop-outs and other vulnerable children, in particular herd boys, was extended up to 2009. The Committee notes the Government’s statement that the implementation of the RECLISA project was started in 2006 and that so far 328 children have benefited from this project. It notes, however, the Government’s indication that this project came to an end in December 2007. It also notes the information provided by the Government in its report under Convention No. 138 that a Bill introducing free and compulsory primary education is in the process of being adopted. Considering that education plays an important role in preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to take the necessary measures aimed at improving their access to free basic education. It also expresses the firm hope that the Bill introducing free and compulsory primary education will soon be adopted. It further asks the Government to supply updated statistical data on school enrolment and drop-out rates.

Clause (d). Identify and reach out to children at special risk. 1. Herd boys, street children and other children at risk. The Committee had previously noted that, in its concluding observations (CRC/C/15/Add.147, paragraphs 59 and 60), the Committee on the Rights of the Child had observed with concern the increasing number of children living and working on the streets in Lesotho and recommended that the State party make every effort to identify and address the causes of children living on the streets and to formulate policies and provide assistance to such children. It had also noted that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – herding is considered a worst form of child labour because it 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. Moreover, with regard to street work, most children working on the streets are faced daily with hazardous working conditions and extreme weather conditions that are detrimental to their health. In addition, they are often used in illegal activities, such as housebreaking and petty theft, by unscrupulous adults. The Committee notes the Government’s statement that the Ministry of Education, together with UNICEF, has established Child Protection Teams made up of representatives of the Ministries of Labour and Employment; Health and Social Welfare and Home Affairs. It also notes the Government’s statement that the Global Fund on AIDS has provided funds for the renovation of households in which orphaned and vulnerable children live in order to provide them with better care and assistance. The Committee requests the Government to provide information on the functioning of the Child Protection Teams, with regard to protecting herd boys, street children and other vulnerable children from the worst forms of child labour.

2. Child victims/orphans of HIV/AIDS. The Committee had previously noted the Government’s statement that, in most ministries, including the Ministry of Employment and Labour, HIV/AIDS support groups were created with the aim, amongst others, of helping and developing home-based community care, which goes to communities and villages to help victims of HIV/AIDS. Orphans have also been supported through this home-based community care, by helping them to grow their own crops and offering them food and clothes. It had also noted that, according to UNICEF data, the Government of Lesotho, UNICEF, the World Food Programme and other partners are working to ensure that children are educated about the dangers of HIV and how to avoid it. It had further noted the Government’s indication that it is in the process of implementing the National AIDS Strategic Plan and the Policy Framework on HIV/AIDS Prevention, Control and Management. The Committee requests the Government to provide information on the impact of the abovementioned measures on protecting child victims/orphans of HIV/AIDS from the worst forms of child labour. It also requests the Government to provide information on the implementation of the National AIDS Strategic Plan and the Policy Framework on HIV/AIDS Prevention, Control and Management.

Clause (e). Special situation of girls. The Committee had previously noted that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – girls performing domestic work face a lot of verbal, physical and, in some cases, sexual abuse from their employers. Moreover, most of them do not attend school. It had also noted that, according to this survey, 17.4 per cent of all working children were paid domestic workers. Moreover, 36.6 per cent of all children in Lesotho were involved in housekeeping activities without any time limit. It had requested the Government to take effective and time-bound measures to protect girls engaged in domestic work from the worst forms of child labour. The Committee notes the Government’s reference to the new provision inserted in the revised Labour Code which provides for the protection of children engaged in domestic work. The Committee encourages the Government to pursue its efforts, including through labour inspection, to accord special attention to girls engaged in domestic work and to ensure that they do not perform hazardous work.

Parts IV and V of the report form. The Committee notes the Government’s statement that there are no cases related to the worst forms of child labour and hence no prosecutions, convictions or penalties have been imposed. It further notes the Government’s information that the investigations carried out by the Labour Department, based on an allegation made by the Lesotho Clothing and Allied Workers Union that child labour was practised in the textile industry, found that the allegation was not true. The Committee requests the Government to provide information on inspection reports, studies and inquiries and 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.

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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. Trafficking of children. In its previous comments, the Committee had requested the Government to provide information on the measures taken or envisaged to prohibit the sale and trafficking of children and the sanctions envisaged. The Committee noted the Government’s information that the Law Reform Commission has prepared the Children’s Protection and Welfare Bill of 2005. Section 72 of this Bill provides that child trafficking constitutes an offence. It also noted the Government’s information that this Bill defines a child as a person under the age of 18 years. The Committee hopes that the new Children’s Protection and Welfare Bill of 2005 will be adopted shortly and requests the Government to provide a copy of the Act as soon as it has been adopted.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that section 2 of Proclamation No. 35 of 1922, “Opium and habit-forming drugs”, punishes in general the importation, exportation, production, manufacturing, sale and exchange of any habit-forming drug and of any plant from which such drug can be extracted. It had asked the Government to indicate in what way the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs is specifically prohibited under the relevant legislation. The Committee noted the Government’s information that there is no legislation specifically providing for the prohibition of the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs. The Committee reminded 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 is therefore prohibited for children under 18 years of age. The Committee requests the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for the production and trafficking of drugs.

Clause (d). Hazardous work. Self-employed children. The Committee had previously noted that section 125(1) of the Labour Code, which prohibits the employment of children (i.e. under 15 years) and young persons (i.e. between 15 and 18) in any work hazardous to their health or morals, dangerous or otherwise unsuitable, applies only to contractual employment, and does not apply to young persons under 18 years of age who are not covered by contractual employment relations. The Committee had requested the Government to indicate the manner in which the national legislation provides that such persons under 18 years of age are afforded the protection set out in Article 3(d) of the Convention so as not to be engaged in hazardous work. The Committee noted the Government’s information that at the moment inspections by the Ministry are confined only to contractual employment in private industrial undertakings, while this issue seems to be a problem in the informal economy. It is therefore impossible for the Office of the Labour Commissioner to enforce this provision. It noted the Government’s information that, however, section 237 of the Child Protection and Welfare Bill of 2005 prohibits the employment of children in any hazardous work. The Committee requests the Government to provide information on any relevant impact of the enforcement of section 237 on reducing the number of self-employed children under 18 engaged in hazardous types of work. The Committee also asks the Government to provide information on the number and ages of self-employed children found to be involved in types of hazardous work.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that section 125(1) of the Labour Code provides that the Minister, by notification in the Gazette, or the Labour Commissioner acting in accordance with the directions of the Minister, may, by notice in writing, determine types of work injurious to the health and morals of children and young persons. It had also noted that section 127 of the Labour Code prohibits the employment of children and young persons in mines, quarries or any opencast working, except in terms of an apprenticeship agreement approved by the Labour Commissioner. It had, however, noted that neither the Labour Code, nor any other legislation in Lesotho has determined the types of employment or work that are likely to jeopardize the health, safety or morals of young persons pursuant to section 125(1) of the Labour Code. The Committee noted the Government’s information that the Minister has not passed any notification of work which is injurious to health or morals of the child. It notes that, according to the Government, a follow-up will be made on this issue. The Committee once again reminded the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). It once again requests the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous and which are to be prohibited for children under 18 years of age. The Committee also requests the Government to provide information on the consultations held thereon with the relevant organizations concerned.

Article 4, paragraph 2. Identification of hazardous work. The Committee noted the information contained in the 2004 Lesotho Child Labour Survey – Analytical Report – that 89.9 per cent of working children were exposed to extreme temperature or humidity, followed by 8.6 per cent of those who indicated that there was insufficient light and 1.6 per cent of those who indicated that they were exposed to dust and fumes. There were no children who reported that they were exposed to noise, dangerous tools, worked underground, worked at heights or worked with chemicals. The Committee also noted the Government’s information that under the Programme Towards the Elimination of the Worst Forms of Child Labour (TECL) a strategic planning workshop was held in November 2004, whose aim was to identify the most hazardous forms of child labour. It requests the Government to provide information on the findings of the 2004 workshop with regard to the identification of hazardous work.

Article 5. Monitoring mechanisms. The Committee had previously noted that the Labour Code provides broad powers to the labour officers to perform inspections. Nevertheless, it had noted with concern the information provided by the Committee on the Rights of the Child in its concluding observations of 2001 (CRC/C/15/Add.147, paragraph 55) about the large number of children working in potentially dangerous conditions and the lack of monitoring and supervision over the conditions in which they work. The Committee had requested the Government to provide information on the functioning of the labour inspectorate and any other mechanisms established or designated to monitor the implementation of the provisions giving effect to the Convention. The Committee noted the Government’s information that the worst forms of child labour have been reported in the informal economy, where it is very difficult to carry out inspections. The Committee noted the Government’s information that the Labour Code does not cater to the need to carry out inspections in the informal sector. The Labour Code, according to the Government, is under review and the hope is these issues will be addressed. The Committee noted the Government’s statement that problems will nevertheless arise as to the enforcement of the law, because the Ministry has very few resources to carry out inspections. The Committee recalled that the monitoring activity carried out by the relevant inspection authorities constitutes a measure to prevent the worst forms of child labour. The Committee accordingly encourages the Government, in the framework of the Labour Code review and of the enactment of the Child Protection and Welfare Bill, to strengthen and broaden the role of labour inspection in order to build an effective inspective service entitled, amongst others, to perform inspections in the informal sector.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee noted the Government’s information that Lesotho is one of the project countries of the Programme Towards the Elimination of the Worst Forms of Child Labour (TECL 2004–07) supported by ILO/IPEC. The Committee requests the Government to provide information on any relevant impact of the TECL Programme with regard to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously noted that the relevant provisions of national legislation provide for sufficiently effective and dissuasive penalties for the following offences: forced labour; procuring a girl for the purposes of prostitution; making, importing and advertising pornographic material; producing, trading and trafficking of drugs; employing children and young persons in hazardous work. The Committee noted the Government’s information that sections 72 and 81(h) of the Children’s Protection and Welfare Bill of 2005 respectively punish by imprisonment for a term not exceeding 20 years the offences of child trafficking and offering a child for pornography. It requests the Government to provide information on the practical application of the penalties laid down in the relevant provisions, including penalties provided by the Children’s Protection and Welfare Bill of 2005 once it has been adopted.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Ensuring free basic education. The Committee had previously taken note of the information from UNICEF that the free primary education project had succeeded in enrolling an additional 120,000 children in primary school since 2000. However, it had observed that primary education had not yet been made compulsory and that, according to the concluding observations of the Committee on the Rights of the Child of 2001 (CRC/C/15/Add.147, paragraph 51), many children, in particular herders, children living in poverty and children living in remote rural communities, continue not to have access to education. The Committee noted the Government’s information that a project entitled “Reducing Exploitative Child Labour” (RECLISA) and which is intended to run for four years from 2005 is funded by the United States Department of Labor through American Research Project. The foundations of this project were laid upon previous work carried out by the Government of Lesotho Distance Teaching Centre. The Committee noted that, according to the information available at the Office, the RECLISA project in Lesotho concentrates mainly on young herders, but other working children and older school drop-outs will also benefit from non-formal education opportunities. The project is expected to enrol a minimum of 2,000 herders and other vulnerable children over a period of four years. These children will be taught literacy and numeracy together with basic life skills in areas that will help them earn a living as they get older. Considering that education plays an important role in preventing children from being engaged in the worst forms of child labour, the Committee asks the Government to continue providing information on the measures aimed at improving their access to free basic education. The Committee also asks the Government to supply data on the enrolment and drop-out rates in school.

Clause (d). Identify and reach out to children at special risk. 1. Herd boys, street children and other children at risk. The Committee had previously noted that, according to the Committee on the Rights of the Child (CRC/C/11/Add.20, paragraph 236), UNICEF has taken an initiative to address the problem of herders and a school in Mokhtlong district has been established to respond to the educational needs of herd boys. The Committee had also noted that, in its concluding observations (CRC/C/15/Add.147, paragraphs 59 and 60), the Committee on the Rights of the Child observed with concern the increasing number of children living and working on the streets in Lesotho and recommended that the state party make every effort to identify and address the causes of children living on the streets and to formulate policies and provide assistance to such children. The Committee noted that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – herding is considered a worst form of child labour because it 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. Moreover, with regard to street work, most children working on the streets are faced daily with hazardous working conditions and extreme weather conditions that are detrimental to their health. In addition, they are often used in illegal activities, such as housebreaking and petty theft by unscrupulous adults. The Committee noted that, according to the Government, the Probation Unit and the Children and Gender Protection Unit have already started to help children in need of care and protection. The Committee noted the Government’s information that these issues are further provided for in the Children’s Protection and Welfare Bill, which introduces institutes such as: the Children’s Court; the Independent Children’s Commission; places of safety; probation hotels and approved schools. The Committee requests the Government to continue providing information on the measures aimed at protecting herd boys, children living and working on the streets and other children at risk from the worst forms of child labour, and results attained.

2. Child victims/orphans of HIV/AIDS. The Committee had previously requested the Government to provide information on the implementation of the National AIDS Strategic Plan 2000/01–2003/04 and the Policy Framework on HIV/AIDS Prevention, Control and Management and the concrete measures taken to address the situation of child victims of AIDS and orphans who might more easily engage in the worst forms of child labour. It noted the Government’s information that it is still in the process of implementing the national AIDS Strategic Plan 2000/01–2003/04. It also noted the Government’s statement that so far, through the Office of the National AIDS Secretariat, voluntary testing and counselling have been introduced, which is offered free of charge in government-run hospitals. This service also provides medical assistance to those who are found to be infected, but is only provided to government employees. Furthermore, in most ministries, including the Ministry of Employment and Labour, HIV/AIDS support groups have been formed with the role, amongst others, of helping and developing home-based community care, which goes to communities and villages to help victims of HIV/AIDS. Orphans have also been supported through this home-based community care, by helping them to grow their own crops and offering them some food and clothes. This, however, has not covered every community as of yet. The Committee also noted that, according to UNICEF data, the Government of Lesotho, UNICEF, the World Food Programme and other partners are working to make sure children are educated about the dangers of HIV and how to avoid it. The Committee asks the Government to continue providing information on the abovementioned measures and their impact on protecting child victims/orphans of HIV/AIDS from the worst forms of child labour. It also once again asks the Government to provide information on the implementation of the National AIDS Strategic Plan 2000/01–2003/04 and the Policy Framework on HIV/AIDS Prevention, Control and Management.

Clause (e). Special situation of girls. The Committee had previously noted that, according to the country report of 1998 to the Committee on the Rights of the Child (CRC/C/11/Add.20, paragraph 232), girls under 15 years are often hired as domestic workers and that work can start as early as 5 a.m. and continue until very late at night. The Committee had asked the Government to indicate the time-bound measures taken or envisaged to protect girls engaged in domestic work. It noted the Government’s information that, at this point, it is difficult for the office of the Labour Commissioner to make inspections at these places as they are private residences. The Committee noted that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – girls performing domestic work face a lot of verbal, physical and, in some cases, sexual abuse from their employers. Moreover, most do not attend school. It also notes that, according to this survey, 17.4 per cent of all working children were paid domestic workers. Moreover, 36.6 per cent of all children in Lesotho were involved in housekeeping activities without any time limit. In the framework of the review of the Labour Code, especially with regard to the role of the inspection service, the Committee encourages the Government to take effective and time-bound measures to protect girls engaged in domestic work from the worst forms of child labour.

Parts IV and V of the report form. The Committee noted the Government’s information that there have been no cases in which children under the employment age have been found by the inspection service to be employed in contravention of the Labour Code. It also noted the Government’s information that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – incidences of the worst forms of child labour concern mainly child commercial sex workers, herd boys, street children and domestic workers. The reason for this has been found to be the extreme poverty in the families of origin of these children, as well as the HIV/AIDS pandemic, which has resulted in parents dying and leaving children alone, thus resulting in child-headed families. The Committee noted the Government’s statement that the main problem it faces is to combat extreme poverty, the reduction of which will decrease the need for children to work in order to support themselves and their siblings. The Committee requests the Government to provide information on inspection reports, studies and inquiries and 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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. Trafficking of children. In its previous comments, the Committee had requested the Government to provide information on the measures taken or envisaged to prohibit the sale and trafficking of children and the sanctions envisaged. The Committee notes the Government’s information that the Law Reform Commission has prepared the Children’s Protection and Welfare Bill of 2005. Section 72 of this Bill provides that child trafficking constitutes an offence. It also notes the Government’s information that this Bill defines a child as a person under the age of 18 years. The Committee hopes that the new Children’s Protection and Welfare Bill of 2005 will be adopted shortly and requests the Government to provide a copy of the Act as soon as it has been adopted.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted that, according to section 1 of Proclamation No. 14 of 1949 (Women and Girls’ Protection), as amended by Act No. 53 of 1956, procuring or attempting to procure any woman or girl for the purpose of prostitution is an offence. The Committee had noted that the provisions under Proclamation No. 14 of 1949 only apply to females and had therefore requested the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of boys for prostitution. The Committee notes the Government’s information that, according to section 81 of the Child Protection and Welfare Bill of 2005, offering a child (i.e. a person under 18 years of age) for prostitution constitutes an offence. It also notes the Government’s information that, under this Bill, the definition of “child” is general and does not exclude a boy child.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that sections 2, 3 and 9 of Proclamation No. 9 of 1912, “Obscene Publications”, punish the manufacture, production, distribution and possession of pornographic material, as well as the involvement in any business related to pornographic material. It had asked the Government to indicate in what way the use, procuring or offering of a child under 18 years for pornography and pornographic performances is expressly prohibited under the relevant legislation. The Committee notes the Government’s information that under section 81(h) of the Child Protection and Welfare Bill of 2005, it constitutes an offence: to offer a child for purposes of commercial sexual exploitation by means of any advertisement or other notice published in any manner or displayed in any place; or to seek information for that purpose; or to accept such advertisement or notice for publication or display.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that section 2 of Proclamation No. 35 of 1922, “Opium and habit-forming drugs”, punishes in general the importation, exportation, production, manufacturing, sale and exchange of any habit-forming drug and of any plant from which such drug can be extracted. It had asked the Government to indicate in what way the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs is specifically prohibited under the relevant legislation. The Committee notes the Government’s information that there is no legislation specifically providing for the prohibition of the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs. The Committee reminds 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 is therefore prohibited for children under 18 years of age. The Committee requests the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for the production and trafficking of drugs.

Clause (d). Hazardous work. Self-employed children. The Committee had previously noted that section 125(1) of the Labour Code, which prohibits the employment of children (i.e. under 15 years) and young persons (i.e. between 15 and 18) in any work hazardous to their health or morals, dangerous or otherwise unsuitable, applies only to contractual employment, and does not apply to young persons under 18 years of age who are not covered by contractual employment relations. The Committee had requested the Government to indicate the manner in which the national legislation provides that such persons under 18 years of age are afforded the protection set out in Article 3(d) of the Convention so as not to be engaged in hazardous work. The Committee notes the Government’s information that at the moment inspections by the Ministry are confined only to contractual employment in private industrial undertakings, while this issue seems to be a problem in the informal economy. It is therefore impossible for the Office of the Labour Commissioner to enforce this provision. It notes the Government’s information that, however, section 237 of the Child Protection and Welfare Bill of 2005 prohibits the employment of children in any hazardous work.

The Committee requests the Government to provide information on any relevant impact of the enforcement of section 237 on reducing the number of self-employed children under 18 engaged in hazardous types of work. The Committee also asks the Government to provide information on the number and ages of self-employed children found to be involved in types of hazardous work.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that section 125(1) of the Labour Code provides that the Minister, by notification in the Gazette, or the Labour Commissioner acting in accordance with the directions of the Minister, may, by notice in writing, determine types of work injurious to the health and morals of children and young persons. It had also noted that section 127 of the Labour Code prohibits the employment of children and young persons in mines, quarries or any opencast working, except in terms of an apprenticeship agreement approved by the Labour Commissioner. It had, however, noted that neither the Labour Code, nor any other legislation in Lesotho has determined the types of employment or work that are likely to jeopardize the health, safety or morals of young persons pursuant to section 125(1) of the Labour Code. The Committee notes the Government’s information that the Minister has not passed any notification of work which is injurious to health or morals of the child. It notes that, according to the Government, a follow-up will be made on this issue. The Committee once again reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). It once again requests the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous and which are to be prohibited for children under 18 years of age. The Committee also requests the Government to provide information on the consultations held thereon with the relevant organizations concerned.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the information contained in the 2004 Lesotho Child Labour Survey – Analytical Report – that 89.9 per cent of working children were exposed to extreme temperature or humidity, followed by 8.6 per cent of those who indicated that there was insufficient light and 1.6 per cent of those who indicated that they were exposed to dust and fumes. There were no children who reported that they were exposed to noise, dangerous tools, worked underground, worked at heights or worked with chemicals. The Committee also notes the Government’s information that under the Programme Towards the Elimination of the Worst Forms of Child Labour (TECL) a strategic planning workshop was held in November 2004, whose aim was to identify the most hazardous forms of child labour. It requests the Government to provide information on the findings of the 2004 workshop with regard to the identification of hazardous work.

Article 5. Monitoring mechanisms. The Committee had previously noted that the Labour Code provides broad powers to the labour officers to perform inspections. Nevertheless, it had noted with concern the information provided by the Committee on the Rights of the Child in its concluding observations of 2001 (CRC/C/15/Add.147, paragraph 55) about the large number of children working in potentially dangerous conditions and the lack of monitoring and supervision over the conditions in which they work. The Committee had requested the Government to provide information on the functioning of the labour inspectorate and any other mechanisms established or designated to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s information that the worst forms of child labour have been reported in the informal economy, where it is very difficult to carry out inspections. The Committee notes the Government’s information that the Labour Code does not cater to the need to carry out inspections in the informal sector. The Labour Code, according to the Government, is under review and the hope is these issues will be addressed. The Committee notes the Government’s statement that problems will nevertheless arise as to the enforcement of the law, because the Ministry has very few resources to carry out inspections. The Committee recalls that the monitoring activity carried out by the relevant inspection authorities constitutes a measure to prevent the worst forms of child labour. The Committee accordingly encourages the Government, in the framework of the Labour Code review and of the enactment of the Child Protection and Welfare Bill, to strengthen and broaden the role of labour inspection in order to build an effective inspective service entitled, amongst others, to perform inspections in the informal sector.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that Lesotho is one of the project countries of the Programme Towards the Elimination of the Worst Forms of Child Labour (TECL 2004-07) supported by ILO/IPEC. The Committee requests the Government to provide information on any relevant impact of the TECL Programme with regard to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously noted that the relevant provisions of national legislation provide for sufficiently effective and dissuasive penalties for the following offences: forced labour; procuring a girl for the purposes of prostitution; making, importing and advertising pornographic material; producing, trading and trafficking of drugs; employing children and young persons in hazardous work. The Committee notes the Government’s information that sections 72 and 81(h) of the Children’s Protection and Welfare Bill of 2005 respectively punish by imprisonment for a term not exceeding 20 years the offences of child trafficking and offering a child for pornography. It requests the Government to provide information on the practical application of the penalties laid down in the relevant provisions, including penalties provided by the Children’s Protection and Welfare Bill of 2005 once it has been adopted.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Ensuring free basic education. The Committee had previously taken note of the information from UNICEF that the free primary education project had succeeded in enrolling an additional 120,000 children in primary school since 2000. However, it had observed that primary education had not yet been made compulsory and that, according to the concluding observations of the Committee on the Rights of the Child of 2001 (CRC/C/15/Add.147, paragraph 51), many children, in particular herders, children living in poverty and children living in remote rural communities, continue not to have access to education. The Committee notes the Government’s information that a project entitled “Reducing Exploitative Child Labour” (RECLISA) and which is intended to run for four years from 2005 is funded by the United States Department of Labor through American Research Project. The foundations of this project were laid upon previous work carried out by the Government of Lesotho Distance Teaching Centre. The Committee notes that, according to the information available at the Office, the RECLISA project in Lesotho concentrates mainly on young herders, but other working children and older school drop-outs will also benefit from non-formal education opportunities. The project is expected to enrol a minimum of 2,000 herders and other vulnerable children over a period of four years. These children will be taught literacy and numeracy together with basic life skills in areas that will help them earn a living as they get older. Considering that education plays an important role in preventing children from being engaged in the worst forms of child labour, the Committee asks the Government to continue providing information on the measures aimed at improving their access to free basic education. The Committee also asks the Government to supply data on the enrolment and drop-out rates in school.

Clause (d). Identify and reach out to children at special risk. 1. Herd boys, street children and other children at risk. The Committee had previously noted that, according to the Committee on the Rights of the Child (CRC/C/11/Add.20, paragraph 236), UNICEF has taken an initiative to address the problem of herders and a school in Mokhtlong district has been established to respond to the educational needs of herd boys. The Committee had also noted that, in its concluding observations (CRC/C/15/Add.147, paragraphs 59 and 60), the Committee on the Rights of the Child observed with concern the increasing number of children living and working on the streets in Lesotho and recommended that the state party make every effort to identify and address the causes of children living on the streets and to formulate policies and provide assistance to such children. The Committee notes that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – herding is considered a worst form of child labour because it 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. Moreover, with regard to street work, most children working on the streets are faced daily with hazardous working conditions and extreme weather conditions that are detrimental to their health. In addition, they are often used in illegal activities, such as housebreaking and petty theft by unscrupulous adults. The Committee notes that, according to the Government, the Probation Unit and the Children and Gender Protection Unit have already started to help children in need of care and protection. The Committee notes the Government’s information that these issues are further provided for in the Children’s Protection and Welfare Bill, which introduces institutes such as: the Children’s Court; the Independent Children’s Commission; places of safety; probation hotels and approved schools. The Committee requests the Government to continue providing information on the measures aimed at protecting herd boys, children living and working on the streets and other children at risk from the worst forms of child labour, and results attained.

2. Child victims/orphans of HIV/AIDS. The Committee had previously requested the Government to provide information on the implementation of the National AIDS Strategic Plan 2000/01-2003/04 and the Policy Framework on HIV/AIDS Prevention, Control and Management and the concrete measures taken to address the situation of child victims of AIDS and orphans who might more easily engage in the worst forms of child labour. It notes the Government’s information that it is still in the process of implementing the national AIDS Strategic Plan 2000/01-2003/04. It also notes the Government’s statement that so far, through the Office of the National AIDS Secretariat, voluntary testing and counselling have been introduced, which is offered free of charge in government-run hospitals. This service also provides medical assistance to those who are found to be infected, but is only provided to government employees. Furthermore, in most ministries, including the Ministry of Employment and Labour, HIV/AIDS support groups have been formed with the role, amongst others, of helping and developing home-based community care, which goes to communities and villages to help victims of HIV/AIDS. Orphans have also been supported through this home-based community care, by helping them to grow their own crops and offering them some food and clothes. This, however, has not covered every community as of yet. The Committee also notes that, according to UNICEF data, the Government of Lesotho, UNICEF, the World Food Programme and other partners are working to make sure children are educated about the dangers of HIV and how to avoid it. The Committee asks the Government to continue providing information on the abovementioned measures and their impact on protecting child victims/orphans of HIV/AIDS from the worst forms of child labour. It also once again asks the Government to provide information on the implementation of the National AIDS Strategic Plan 2000/01-2003/04 and the Policy Framework on HIV/AIDS Prevention, Control and Management.

Clause (e). Special situation of girls. The Committee had previously noted that, according to the country report of 1998 to the Committee on the Rights of the Child (CRC/C/11/Add.20, paragraph 232), girls under 15 years are often hired as domestic workers and that work can start as early as 5 a.m. and continue until very late at night. The Committee had asked the Government to indicate the time-bound measures taken or envisaged to protect girls engaged in domestic work. It notes the Government’s information that, at this point, it is difficult for the office of the Labour Commissioner to make inspections at these places as they are private residences. The Committee notes that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – girls performing domestic work face a lot of verbal, physical and, in some cases, sexual abuse from their employers. Moreover, most do not attend school. It also notes that, according to this survey, 17.4 per cent of all working children were paid domestic workers. Moreover, 36.6 per cent of all children in Lesotho were involved in housekeeping activities without any time limit. In the framework of the review of the Labour Code, especially with regard to the role of the inspection service, the Committee encourages the Government to take effective and time-bound measures to protect girls engaged in domestic work from the worst forms of child labour.

Article 8. International cooperation. Following its previous comments, the Committee notes the Government’s information that Lesotho is one of the poorest countries in Africa and it is in fact learning from the experience of other countries on how to eradicate the worst forms of child labour. The assistance it has received in this domain has mostly come from the ILO and the United States Department of Labor.

Parts IV and V of the report form. The Committee notes the Government’s information that there have been no cases in which children under the employment age have been found by the inspection service to be employed in contravention of the Labour Code. It also notes the Government’s information that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – incidences of the worst forms of child labour concern mainly child commercial sex workers, herd boys, street children and domestic workers. The reason for this has been found to be the extreme poverty in the families of origin of these children, as well as the HIV/AIDS pandemic, which has resulted in parents dying and leaving children alone, thus resulting in child-headed families. The Committee notes the Government’s statement that the main problem it faces is to combat extreme poverty, the reduction of which will decrease the need for children to work in order to support themselves and their siblings. The Committee requests the Government to provide information on inspection reports, studies and inquiries and 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.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s first report, which contains very limited information. The Committee requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that the Government’s report does not provide any information on this issue. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children constitute one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee requests the Government to provide information on the measures taken or envisaged to prohibit the sale and the trafficking of children and the sanctions envisaged. It also asks the Government to supply a copy of the relevant legislation.

2. Forced labour. The Committee notes the absence of information on this point in the Government’s report. However, it notes that the Constitution of Lesotho, under article 9, stipulates that no person shall be held in slavery or servitude, and that no person shall be required to perform forced labour. The Committee also notes that section 7 of the Labour Code states that any person who exacts or imposes forced labour, or causes or permits forced labour to be exacted or imposed for personal benefit or for the benefit of any other private individual, association or other such body shall be guilty of an offence. It also notes that subsection (2) of section 7 further provides that any chief or public officer who puts any constraint upon the population under their charge or upon any individual member of such population, to work for any private individual, company, association or other such body shall be guilty of an offence. The Committee notes that "forced labour" as defined under section 3 of the Labour Code includes "any work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself or herself voluntarily", but excludes any compulsory military service, service done as a consequence of a conviction in a court of law, service in case of an emergency, and minor communal services. The Committee asks the Government to provide information on the manner in which the prohibitions of forced labour of article 9(2) of the Constitution and section 7 of the Labour Code are applied in practice.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that, according to the Committee on the Rights of the Child (CRC/C/11/Add.20, paragraph 39), the Defence Act of 1996 states that the recruitment into the Royal Defence Force is not compulsory and only voluntary. The Act stipulates that the minimum age range for joining the Defence Force is 18 to 24 years. The Committee asks the Government to supply a copy of the Defence Act of 1996.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that the Government provides no information on this issue. However, it notes that, according to section 1 of Proclamation No. 14 of 1949 (Women and Girls’ Protection), as amended by Act No. 53 of 1956, it is an offence for any person to: procure or attempt to procure any woman or girl to become either within Lesotho or elsewhere a common prostitute (subsection 2); procure or attempt to procure any woman or girl to leave Lesotho, with intent that she may become an inmate of or frequent a brothel elsewhere (subsection 3); procure or attempt to procure any woman or girl to leave her usual place of abode in Lesotho with intent that she may, for the purposes of prostitution, become an inmate of or frequent a brothel within Lesotho or elsewhere (subsection 4). The Committee notes that the provisions under Proclamation No. 14 of 1949 apply only to female children and adult women and therefore requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of boys for prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report on this issue. However, it notes that Proclamation No. 9 of 1912, "Obscene publications", states that any person who imports, makes, manufactures, produces (section 2), sells, distributes, offers for sale or distribution, or wilfully exposes or causes to be exposed to public view (section 3) any indecent or obscene publication shall be guilty of an offence. The Committee also notes that section 8 of the Proclamation provides for an offence for any person who: (1) shall be in possession of any obscene publication or other obscene object for purposes of or by way of trade; (2) shall take part in any business public or private concerned with obscene publications or objects; (3) shall advertise or make known by any means whatsoever with the object of assisting the circulation or sale of any obscene publication or object that any person is engaged in unlawful acts in connection with such publications or objects; (4) shall advertise or make known in what manner or from what person obscene publications or objects can be procured either directly or indirectly. The Committee asks the Government to indicate in what way the use, procuring or offering of a boy or girl under 18 years for pornography and pornographic performances is expressly prohibited under the relevant legislation, and corresponding penalties.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes the absence of information in the Government’s report on this point. However, it notes that, according to section 2 of Proclamation No. 35 of 1922, "Opium and habit forming drugs", no person shall: (a) import, export, produce or manufacture or assist in or permit or allow the importation, exportation, production or manufacture of any habit-forming drug; (b) import, cultivate, or export, or assist in or permit or allow the importation, cultivation or exportation of any plant from which such drug can be extracted, derived or produced or manufactured; (c) administer, give, sell, barter, exchange or otherwise receive any such drug or plant anything to the contrary in any other law notwithstanding. No person shall import into the territory or export therefrom any prepared opium. The Committee notes that section 14 of the Proclamation provides a list of drugs that constitutes "habit-forming drugs". The Committee asks the Government to indicate in what way the use, procuring or offering a child under the age of 18 for the production and trafficking of drugs is specifically prohibited under the relevant legislation, and corresponding sanctions.

Clause (d). Hazardous work. The Committee notes that article 32(c) of the Constitution of Lesotho states that the employment of children and young persons in work harmful to their morals or health or dangerous to life or likely to hamper their normal development is punishable by law. It also notes that section 125(1) of the Labour Code prohibits the employment of a child (under 15 years) or young person (between 15 and 18 years) on any work which is injurious to health or morals, dangerous or otherwise unsuitable, or on any work which the Minister by notification in the Gazette, or the Labour Commissioner acting in accordance with the any directions of the Minister, has declared by notice in writing, to be of a kind which is injurious to the health or morals of a child or young person. The Committee notes that section 126(1) restricts the employment of children and young persons at night in any commercial or industrial undertaking, and section 127 prohibits the employment of children and young persons in mines, quarries or any opencast working, except in terms of an apprenticeship agreement approved by the Labour Commissioner.

Self-employed children. The Committee notes that section 125(1) of the Labour Code applies only to contractual employment, and does not apply to young persons under 18 years of age who are not covered by contractual employment relations and who are engaged in types of hazardous work. The Committee requests the Government to indicate the manner in which the national legislation provides that such young persons under 18 years of age are afforded the protection set out in Article 3(d) of the Convention so as not to be engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes that neither the Labour Code nor any other legislation in Lesotho has determined the types of employment or work that is likely to jeopardize the health, safety or morals of young persons, pursuant to section 125(1) of the Labour Code. The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). This paragraph states that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) 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 the health; (e) 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 requests the Government to indicate whether any notification regarding the types of work or employment that are likely to jeopardize the health, safety and morals of children has been issued by the Minister or by the Labour Commissioner, pursuant to section 125(1) of the Labour Code. If not, the Committee requests the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous and which is to be prohibited for children under 18 years of age. In determining the types of work to be considered as hazardous, the Committee trusts that due consideration will be given to Paragraph 3 of Recommendation No. 190 in this regard. It also asks the Government to provide information on tripartite consultations held thereon.

Article 4, paragraph 2. Measures taken to identify where the types of work so determined exist. The Committee notes that the Government does not provide information on where work likely to harm the health, safety or morals of children exists. The Committee reminds the Government that according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, must identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken or envisaged to identify where hazardous work exists, in consultation with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. The Committee notes the absence of information supplied by the Government in respect of the designation or establishment of the appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes, however, that section 12  of the Labour Code provides for the appointment of a Labour Commissioner for the purpose of the administration of the Code. The Committee further notes that for the purpose of ascertaining that the provisions of the Code and any other written law relating to labour, employment, industrial relations, working conditions or worker’s compensation are being duly observed, section 14 of the Labour Code provides broad powers to the labour officers to perform inspections. In performing such inspections, the labour officers are empowered to enter freely, inspect and examine any place where any employee or recruited person is employed; the right to interrogate; to require the production of any records, books, accounts or other documents; to take samples of materials and the substances used or handled; and to carry out an examination, test or inquiry which he may consider necessary. Nevertheless, the Committee observes with concern the information provided by the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.147, paragraph 55) about the large number of children working in potentially dangerous conditions and the lack of monitoring and supervision over the conditions in which they work. The Committee requests the Government to provide information on the functioning of the labour inspectorate and any other mechanisms established or designated to monitor the implementation of the provisions giving effect to the Convention, to provide extracts of the inspection reports and to specify the extent and nature of violations detected concerning children and young persons involved in the worst forms of child labour.

Article 6, paragraph 1. Programmes of action to eliminate, as a priority, the worst forms of child labour. The Committee notes the Government’s statement that in Lesotho there have never been instances involving the worst forms of child labour, including the trafficking of children, the offering of a child for the production of pornography or the compulsory recruitment of children for use in armed conflict. It also notes the Government’s information that a study sponsored by ILO/IPEC is on the verge of being carried out by the Ministry of Employment in order to assess whether there are instances of the worst forms of child labour in Lesotho. The Committee further notes that article 32(b) of the Lesotho Constitution of 1993 states that Lesotho shall adopt policies designed to provide that children and young persons are protected from economic and social exploitation. In conjunction with Article 1, the Committee reminds the Government that, even where the worst forms of child labour do not appear to exist, the Convention requires the ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. The Committee requests the Government to provide information on the conclusions of the ILO/IPEC study. It asks the Government to communicate further information on the programmes of action taken or envisaged to eliminate, as a priority, the worst forms of child labour. The Committee also requests the Government to provide information on the consultations held on this matter with the workers’ and employers’ organizations, in accordance with the provisions of this Article, and, where appropriate, to indicate whether the views of other concerned groups are taken into consideration.

Article 7, paragraph 1. Penalties. The Committee notes that section 7 of the Labour Code punishes the offences related to the prohibition of forced labour by fines not exceeding 2,000 maloti (US$307.15) or imprisonment for a term not exceeding one year or both. It notes that, according to Proclamation No. 14 of 1949, the offence of procuring any woman or girl for the purposes of prostitution is punished by fines of 1,000 rands or imprisonment for a term not exceeding six years. The Committee notes that Proclamation No. 9 of 1912 states that anyone who imports, possesses, advertises obscene publications or takes part to business related thereto, shall be liable on conviction to a fine not exceeding 5,000 rands or to imprisonment for a period not exceeding two years or to both (sections 2 and 8). The Committee further notes that section 7 of Proclamation No. 35 of 1922 imposes a fine of 1,000 rands and imprisonment for a maximum period of three years to persons committing the offences related to the production, trade and trafficking of opium and habit-forming drugs. The Committee notes that, according to sections 125(6), 126(2) and 127(2) of the Labour Code, persons who employ a child or young person in contravention of the provisions that prohibit the employment of a child and young person in work injurious to health or morals (section 125(1)), in night work (section 126(1)) and in mines and quarries (section 127) shall be liable to a fine of 600 maloti (US$92.15) or to imprisonment for six months or to both. The Committee asks the Government to provide information on the practical application of the penalties laid down in the relevant provisions.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that the Government provides no information on these issues. However, it notes that article 28 of the Lesotho Constitution provides that the Government of Lesotho shall endeavour to make education available to all and must adopt policies aimed at securing that: education is compulsory and available to all (paragraph (b)); secondary education, including technical and vocational education, and higher education are made generally available and accessible to all by every appropriate means, and in particular, by the progressive introduction of free education (paragraphs (c) and (d)); fundamental education is encouraged or intensified as far as possible for those persons who have not received or completed the primary education (paragraph (e)). The Committee also notes that section 3(2) of Education Act No. 10 of 1995 requires a parent of a child of school-going age to cause that child to receive full-time education suitable to his age, by regular attendance at school or otherwise. The Committee notes with interest that, according to the Committee on the Rights of the Child (CRC/C/15/Add.147), free education has been introduced in Lesotho for those commencing Grade One in January 2000. It also observes the information from UNICEF that the free primary education project has succeeded in enrolling an additional 120,000 children in primary schools since 2000. It further notes with interest that the Government has taken several educational initiatives and projects in collaboration with UNICEF, such as the 1995-2000 National Plan of Action (NPA) for children (articulating how the World Declaration on the Survival, Protection and Development of Children of 1990 will be implemented at the national level); the Non-formal Education Project (promoting non-formal learning opportunities); the Early Childhood Development Project (monitoring all pre-primary schooling for early school drop-outs). However, the Committee notes that primary education has not yet been made compulsory and that, according to the Government and the Committee on the Rights of the Child, many children, in particular herd boys, children living in poverty and children in remote rural communities continue not to have access to education. The Committee notes that the Government, in its initial report to the Committee on the Rights of the Child, has stated that the Ministry of Education through the Lesotho Distance Teaching Centre offers educational programmes for early school drop-outs and that the 1996/97-1998/99 Sector Plan focuses on improving and expanding vocational and technical education in order to integrate retrenched minors and disadvantaged groups, such as herd boys and out-of-school learners (CRC/11/Add.20, paragraphs 195 and 197). The Committee is of the view that education contributes to eliminating the worst forms of child labour. It therefore requests the Government to indicate the effective and time-bound measures taken in this regard to prevent the engagement of children in the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. 1. Herd boys and street children. The Committee notes that, according to the Committee on the Rights of the Child (CRC/11/Add.20, paragraphs 234 and 235(b)), the practice of herding livestock is the oldest form of contractual labour for boys under the age of 18 years and herding is a dangerous and lonely venture for herd boys. It also notes the Government’s statement that some herd boys are faced with hazardous working conditions, have no workmen’s compensation facility and clothing, adequate shelter, proper nutrition and health services. The Committee observes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/11/Add.20, paragraph 236), UNICEF has taken an initiative to address the problem of herd boys and a school in Mokhtlong district has been established to respond to the educational needs of herd boys. The Committee also notes that in its concluding observations, the Committee on the Rights of the Child observed with concern the increasing number of children living and working on the streets in Lesotho and recommended the state party to make every effort to identify and address the causes of children living on the streets and to formulate policies and providing assistance to such children (CRC/C/15/Add.147. paragraphs 59 and 60). The Committee requests the Government to provide information on the implementation of the UNICEF initiative regarding herd boys and to indicate the time-bound measures taken or envisaged to remove herd boys and children living and working on the streets from the worst forms of child labour.

2. Child victims of HIV/AIDS. The Committee notes that according to the concluding observations of the Committee on the Rights of the Child (CRC/C/15/Add.147; paragraphs 45 and 46), whilst the existing of the National AIDS Strategic Plan 2000/01-2003/04 and the Policy Framework on HIV/AIDS Prevention, Control and Management, the incidence of HIV/AIDS amongst children is alarming, in particular amongst teenage girls. Pursuant to this situation, the Committee on the Rights of the Child expressed concern at the insufficient availability of adolescent health programmes and services and the lack of adequate data in this area. It strongly recommended to the Government: to implement fully the National AIDS Strategic Plan 2000/01-2003/04 and the Policy Framework on HIV/AIDS Prevention, Control and Management as soon as possible; to give particular attention to the secondary consequences of HIV/AIDS, such as an increase in child-headed households following the death of adult family members; to undertake measures to develop youth-friendly counselling, care and rehabilitation facilities for adolescents, especially girls; to promote adolescent health policies and training programmes on reproductive health; to implement measures to discourage the abuse of alcohol and the smoking of tobacco and dagger by adolescents. The Committee asks the Government to provide information on the implementation of the National AIDS Strategic Plan 2000/01-2003/04 and the Policy Framework on HIV/AIDS Prevention, Control and Management and the concrete measures taken to address the situation of child victims of AIDS and orphans who might more easily engage in the worst forms of child labour.

Clause (e). The special situation of girls. The Committee notes that, according to the Committee on the Rights of the Child (CRC/C/11/Add.20, paragraph 232), girls under 15 years are often hired as domestic workers and that work can start as early as 5 a.m. and continue until very late at night. Girls employed under such conditions have very little time to rest and frequently are exploited in terms of earnings. The total lack of protection by the law means that abuse is possible. The Committee asks the Government to indicate the time-bound measures taken or envisaged to protect girls engaged in domestic work.

Article 8. International cooperation and/or assistance. The Committee notes the absence of information on this issue in the Government’s report. It therefore asks the Government to indicate any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with these provisions of the Convention.

Part III of the report form. The Committee asks the Government to provide information on whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention, and if so, to supply the text of these decisions.

Part IV. The Committee requests the Government to give a general appreciation on the manner in which the Convention is applied in Lesotho and to indicate any practical difficulties encountered in the application of the Convention or any factors which may have prevented or delayed action against the worst forms of child labour.

Part V. The Committee notes the Government’s information that some herd boys herd cattle after school and in most cases herding of cattle starts from the age of 5 to 20 and beyond. Children between 5 and 9 years old usually accompany older children during cattle herding. The Committee also notes the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/11/Add.20, paragraph 235) that in the Sechaba Consultants Survey of 1994, 10.3 per cent of boys between 6 and 15 years were full-time herd boys and one-third of these were under 10 years of age. The Committee further notes that according to the Committee on the Rights of the Child (CRC/C/15/Add.147), children are increasingly employed also as street traders and there is an increasing number of children living and working on the streets (paragraphs 55 and 59). The Committee asks the Government to continue providing 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 penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.