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.