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

Forced Labour Convention, 1930 (No. 29) - Lesotho (Ratification: 1966)
Protocol of 2014 to the Forced Labour Convention, 1930 - Lesotho (Ratification: 2019)

The Committee welcomes the ratification by Lesotho of the Protocol of 2014 to the Forced Labour Convention, 1930, and hopes that the Government will provide detailed information on its application, taking into account the report form approved by the Governing Body.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Institutional framework. The Committee previously noted the Government’s National Anti-Trafficking in Persons Strategic Framework and Action Plan (NATSF-AP) for the period 2018-2023, and the establishment of the Multi-sectoral Committee for combating trafficking in persons. The Committee notes the Government’s indication in its report that a new NATSF-AP for the period 2021-2026 was adopted and that funds have been allocated to support its implementation. According to information of the Ministry of Home Affairs, the new NATSF-AP includes among its objectives the effective national coordination and cooperation among stakeholders; strengthened identification, protection and support of victims of trafficking; and successful detection, investigation and prosecution of perpetrators. The Committee encourages the Government to pursue its efforts to combat trafficking in persons and requests it to provide information on the specific measures taken under the NATSF-AP 2021-2026 as well as on any assessment of its implementation, indicating the results achieved and the difficulties encountered. It also requests the Government to provide information on the activities of the Multi-sectoral committee for combating trafficking in persons.

Law enforcement. The Government indicates that it has increased its anti-trafficking training and awareness-raising efforts for law enforcement bodies. It adds that it will provide adequate funding to the Police Trafficking and Smuggling Unit and establish a focal point in all the ten districts of the country to ensure effective responsiveness to all potential trafficking cases. The Committee also notes that the Government intends to increase oversight of labour recruitment agencies in the country to mitigate fraudulent recruitment for mining work in South Africa, and to strengthen cooperation with law enforcement agencies throughout Southern Africa to increase information-sharing and coordination on trafficking investigations. In relation to the imposition of adequate and dissuasive penalties for perpetrators of trafficking in persons, the Government indicates that it will fix jurisdictional issues that prevent magistrate courts from issuing the maximum penalty for trafficking crimes. The Committee observes, however, that section 5 of the Anti-Trafficking in Persons Act provides for the possibility of imposing only a fine for the crime of trafficking in persons.

While noting the measures contemplated by the Government for the strengthening of law enforcement capacities, the Committee observes that the Government is still not providing concrete information on the investigations carried out or convictions handed down in relation to trafficking cases. The Committee therefore requests the Government to continue taking measures to strengthen the capacities of the police, labour inspection, prosecutors and judges to effectively detect and investigate cases of trafficking in persons, both for labour and sexual exploitation, and to prosecute and sanction the perpetrators with adequate and dissuasive penalties. It requests once again the Government to provide information on the number of cases of trafficking identified, prosecutions, convictions and penalties imposed under section 5(1) of the Anti-Trafficking in Persons Act. Finally, it requests the Government to continue providing information on the activities of cooperation with South Africa and other Southern countries to investigate cases of transnational trafficking in persons.

Protection and assistance of victims. The Committee previously noted the Government’s efforts to provide victims of trafficking in persons with assistance, including in collaboration with civil society organizations. The Committee notes the Government’s indication that it has finalized guidelines for victim identification and referral to care and that it will allocate funds to the Victims of Trafficking Trust Fund (established by section 17 of the Anti-Trafficking in Persons Act). Victims continue to receive medical assistance and legal support. Where family members are suspected to have participated in trafficking activities, awareness and counselling are provided to the said families The Government further indicates that there are 13 victims of sex trafficking and 4 victims of labour trafficking reported. The Committee requests the Government to continue to provide information on the measures taken to identify, protect, and assist victims of trafficking in persons, including measures to rehabilitate victims of trafficking returning to Lesotho. In this respect, please include information on the operation of the Victims of Trafficking Trust Fund as well as on the establishment of centres for victims of trafficking as provided for in section 36 of the Anti-Trafficking in Persons Act.