Observación (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre la edad mínima, 1973 (núm. 138) - Lesotho (Ratificación : 2001)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted that the Programme Advisory Committee on Child Labour had endorsed the Action Plan for the Elimination of Child Labour (APEC) in 2008. The Government indicated that the APEC had been submitted to Cabinet for approval. The Committee also noted that the Children’s Protection and Welfare Bill had yet to be adopted, and had urged the Government to take measures in this regard.

The Committee notes with satisfaction that the Children’s Protection and Welfare Act was adopted on 8 June 2011. However, the Committee also notes the Government’s indication that the APEC has not yet been submitted to Cabinet. The Government indicates that a review of the APEC is necessary to ensure that the recommendations are still relevant and that a tripartite stakeholder workshop will be convened by September 2011 in this regard. Observing that the APEC has been awaiting Cabinet approval since 2008, the Committee urges the Government to strengthen its efforts to ensure the appropriate review, adoption and implementation of the APEC in the near future.

Article 2(1). Scope of application. Self-employment and domestic work. In its previous comments, the Committee noted that the provisions of the Labour Code excluded self-employment from its application. However, the Committee subsequently noted that the draft revision of the Labour Code contained a provision to apply the Labour Code’s sections on the minimum age and related issues to self-employed children and children working in the domestic sector. While the Government indicated that efforts were being made towards the adoption of the draft revision, the Committee observed that the Government had been referring to the impending adoption of the draft revision to the Labour Code since 2006.

The Committee notes the Government’s indication that, pursuant to tripartite discussion at the National Advisory Committee on Labour, separate regulations will be promulgated on domestic work, and that this sector will not be regulated through the revised Labour Code. Moreover, the Committee notes that the revised Labour Code has been given to the Government’s legal draftsmen in preparation for submission to Parliament. In this regard, the Committee notes the Government’s indication that the law does not currently provide for inspections to be carried out in the informal economy, hindering the detection of child labour. Therefore, the Committee urges the Government to take the necessary measures to ensure that the revised Labour Code provides the protection guaranteed in the Convention to children working on a self-employed basis and in the informal economy, and to ensure the adoption of the revised Code without delay. In addition, the Committee requests the Government to take the necessary measures to ensure that the regulations developed on domestic work are consistent with the Convention with regard to the minimum age for admission to work, hazardous work and light work.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that primary education is not compulsory and that many children do not have adequate access to education. Additionally, the Committee noted the information from UNESCO’s Education for All: Global Monitoring Report of 2010 that there were approximately 101,000 out-of-school children between the ages of 6 and 12. However, the Committee noted that a Bill introducing free and compulsory education (and including sanctions for parents if they did not send their children to school) was before Parliament. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requested the Government to take the necessary measures to ensure the adoption of the Bill.

The Committee notes with interest that the Education Act was adopted in 2010. The Committee notes that, pursuant to the Education Act, primary school is free and compulsory. However, the Committee observes that primary school is generally completed at the age of 13 years in Lesotho. Nonetheless, the Government indicates that the issue of linking the age of completion of compulsory schooling with the age of admission to work will be discussed with the Ministry of Education and Training. In this regard, the Committee once again draws the Government’s attention to the importance of linking the age of admission to employment to the age limit for compulsory education; if compulsory schooling comes to an end before young persons are legally entitled to work, there may be a period of enforced inactivity or the early or premature entry into employment or work. The Committee encourages the Government to pursue its efforts to ensure compulsory education up to the minimum age of employment (of 15 years), and urges the Government to collaborate with the Ministry of Education and Training in this regard. The Committee also requests the Government to provide a copy of the Education Act, with its next report.

Article 3(2). Determination of hazardous work. The Committee previously urged 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 the very near future, in accordance with Article 3(2) of the Convention.

The Committee notes with satisfaction that section 230(2) of the Children’s Protection and Welfare Act specifies the types of hazardous work prohibited to persons under 18. This section states that the types of prohibited hazardous work include: 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 20,000 maloti (LSL) (approximately US$2,150) or to a period of imprisonment not exceeding twenty months. Subsequent convictions will be punished with a minimum period of two years’ imprisonment.

Article 6. Minimum age for admission to apprenticeship. The Committee previously noted the Government’s indication that, during the revision of the Labour Code, due consideration would be given to bringing the Labour Code into line with the requirements of Article 6 of the Convention. However, the Government also indicated that there was no regularized system of vocational and technical education, that no consultations had been held on this matter and that there was no minimum age for admission to apprenticeships.

The Committee notes the Government’s statement that this matter will be taken up with the Ministry of Education and Training. In this regard, the Committee once again reminds the Government that pursuant to Article 6 of the Convention, the minimum age for admission to work in undertakings in the context of vocational training or an apprenticeship programme is 14 years. It therefore urges the Government to take the necessary measures, within the context of the draft revision of the Labour Code, to ensure that no child under 14 years of age is permitted to undertake an apprenticeship in an enterprise, in conformity with Article 6 of the Convention.

Article 7. Light work. The Committee previously noted that section 124(2) of the Labour Code permits the employment of children between the ages of 13 and 15 for light work in technical schools and similar institutions, provided that the work has been approved by the Department of Education. Subsequently, the Committee noted the Government’s indication that the draft revision of the Labour Code includes a provision (proposed section 124(6)) which defines light work as work which is not likely to be harmful to the health or development of the child and does not affect the child’s attendance in, or the child’s capacity to benefit from, school.

The Committee notes the Government’s statement that the proposed section 124(6) of the revised Labour Code will only permit the performance of light work in technical schools and similar institutions. However, observing the significant number of children under the minimum age who are, in practice, engaged in economic activity (36 per cent of children aged 13 years and 38 per cent of children aged 14 years according to the most recent Multiple Indicator Cluster Survey), the Committee encourages the Government to consider regulating light work outside of technical schools to ensure that these children benefit from the protection of the Convention. If the Government decides to permit light work for children between the ages of 13 and 15 outside of technical schools, the Committee draws the Government’s attention to Article 7(3) of the Convention, which states that the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee requests the Government to provide information on any developments with regard to the regulation of light work activities, particularly with regard to providing legal protection to children between the ages of 13 and 15 who are, in practice, engaged in light work outside of technical schools.

Parts III and V of the report form. Labour inspectorate and application of the Convention in practice. The Committee previously noted that, according to the 2004 Lesotho Child Labour Survey, 23 per cent of the children in Lesotho are child labourers. The survey also indicated that children mainly work in agricultural activities followed by those who work as domestic workers. The Government indicated that the office of the Labour Commissioner carries out inspections in all commercial enterprises but not in the informal economy and private residences, which is where most child labour occurs.

The Committee notes the Government’s indication that it is making efforts to conduct a new child labour survey, and that consultations were held with ILO–IPEC in June 2011 regarding technical assistance for this purpose. The Committee also notes the Government’s statement that it is facing considerable capacity constraints which makes it difficult to extend inspection services to the informal economy, and that this is exacerbated by the lack of a legal basis to perform inspections in the informal economy. The Government indicates that inspection reports therefore only relate to commercial and industrial undertakings, and do not contain information on the number and nature of violations related to child labour. Noting the Government’s indication under Article 2(1) that the adoption of the revised Labour Code is imminent, thereby providing the legal basis for carrying out inspections in the informal economy, the Committee urges the Government to strengthen the capacity and expand the reach of the labour inspectorate to areas in which children work, particularly the informal economy. Furthermore, the Committee urges the Government to pursue its efforts to undertake a child labour survey, and to provide any up-to-date statistical information obtained in this regard.