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

Minimum Age Convention, 1973 (No. 138) - Lesotho (Ratification: 2001)

Other comments on C138

Observation

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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, but that it had not yet been submitted to Cabinet. The Government indicated that a review of the APEC was necessary.

The Committee notes the Government’s statement that the APEC has been finalized, and that it has been approved by the National Advisory Committee on Labour (NACOLA). The Government indicates that it is planning to hold a workshop aimed at presenting the APEC in 2013. The Committee also notes the draft APEC of January 2012, submitted with the Government’s report on the Worst Forms of Child Labour Convention, 1999 (No. 182). This draft contains six main objectives, concerning child labour legislation; community awareness of child labour issues; education; protection of vulnerable households; the establishment of clear institutional arrangements to reach out to children in child labour; and developing a knowledge base on child labour and the capacity of the Government, social partners and civil society institutions to address child labour. Each objective is divided into specific actions steps, with corresponding performance indicators and targets. Observing that the APEC was first developed in 2008, the Committee urges the Government to strengthen its efforts to ensure the adoption of the APEC in the near future. It requests the Government to provide information on the implementation of the APEC.

Article 2(1) and Part III of the report form. Scope of application and labour inspectorate. Self-employment and work in the informal economy. In its previous comments, the Committee noted that the provisions of the Labour Code excluded self-employment from its scope of application. In this regard, the Committee noted 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. Moreover, Government stated that it is facing considerable capacity constraints, making it difficult to extend inspection services to the informal economy. However, the Committee subsequently noted that the draft revision of the Labour Code contained a provision to apply the Code’s provisions on the minimum age to self-employed children. This draft had been given to the Government’s legal draftsmen in preparation for submission to Parliament.

The Committee notes the Government’s indication that the revised Labour Code, which contains provisions related to children working on a self-employed basis and in the informal economy, has been withdrawn from Parliamentary Counsel on the request that it be complemented with drafting instructions justifying each new provision introduced. The Government indicates that it hopes the Bill will be reintroduced soon. In addition, the Government reiterates, in its report submitted under Convention No. 182, that inspections are not carried out in the informal economy, where child labour is prevalent. However, the Government indicates that through the support of the ILO, it is preparing to undertake a staff auditing and needs analysis exercise at the Department of Labour as a means of trying to expand the reach as well as strengthen the capacity of the labour inspectorate and Child Labour Unit. The Committee further notes the information in the Decent Work Country Programme (DWCP) 2012–17 of Lesotho, that regulating and preventing child labour is a major concern particularly where the coverage of the labour inspectorate does not reach the informal economy activities. However, the DWCP also states that measures will be undertaken under this programme to establish a child labour unit, within the labour inspectorate, to address child labour particularly in the informal economy. Recalling that the Convention applies to all sectors of the economy, the Committee requests the Government to take the necessary measures to ensure that the protection guaranteed in the Convention is provided to children working on a self-employed basis and in the informal economy, in law and in practice. In this regard, it requests the Government to take the necessary measures to ensure that the provisions of the revised Labour Code concerning the minimum age apply to children working in the informal economy. It also encourages the Government to pursue its efforts to strengthen the capacity and expand the reach of the labour inspectorate, to improve the ability of labour inspectors to monitor child labour in this sector.

Article 2(1). Minimum age for admission to employment or work. Following its previous comments, the Committee notes with interest that section 228 of the Children’s Protection and Welfare Act of 2011 states that the minimum age for admission to employment is 15 years of age, in line with the minimum age specified by Lesotho upon ratification of the Convention. Section 228(3) of the Act states that a person who contravenes this section commits an offence and is liable to a fine not exceeding 20,000 Lesotho lotis (approximately US$2,150) or to a period of imprisonment not exceeding 20 months.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that pursuant to the Education Act of 2010, primary school is free and compulsory. However, the Committee observed that primary school is generally completed at the age of 13 years in Lesotho, two years before a child is legally eligible to work.

The Committee once again notes the Government’s statement that it will engage with the Ministry of Education and Training to harmonize the age of admission to employment with the age limit for free and compulsory education. Moreover, the Committee notes that the draft APEC contains measures to address this. This draft states that the Education Act makes no provision for those children who have completed primary education but are still below the minimum age for employment of 15 years, and that children aged 13 and 14 are not required to be in school. Objective 3.1 of the draft APEC is therefore to ensure that all boys and girls up to the minimum age for admission to employment attend and remain in school. The draft APEC indicates that in the long term, the Government will consider making education compulsory up to the minimum age for employment of 15 years, although much ground work is needed to prepare for this.

In this regard, the Committee reminds the Government that if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see General Survey of 2012 on the fundamental Conventions concerning rights at work, paragraph 371). Recalling that education is one of the most effective means of combating child labour, 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. It requests the Government to continue to provide information on any measures taken in this regard, including measures taken under the APEC.

Article 6. Minimum age for admission to apprenticeship. The Committee previously noted the Government’s indication that there was no minimum age for admission to apprenticeships. However, the Government indicated that this matter would be taken up with the Ministry of Education and Training.

The Committee notes the Government’s statement that it has appointed a committee to address the issue of apprenticeships which is composed of representatives from the Department of Labour, the Ministry of Gender and Youth, the Ministry of Education and Training, the social partners and other relevant stakeholders. In this regard, the Committee 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 cannot be below 14 years. It therefore requests the Government to take the necessary measures, within the framework of the committee appointed on this subject, to ensure that no child under 14 years of age is permitted to undertake an apprenticeship in an enterprise. It requests the Government to provide information on steps taken in this regard, in its next report.

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 only in technical schools and similar institutions, provided that the work has been approved by the Department of Education. Observing the significant number of children working under the minimum age in practice, the Committee encouraged the Government to consider regulating light work outside of technical schools to ensure that these children benefit from the protection of the Convention.

The Committee notes the Government’s statement that light work is regulated under the Child Protection and Welfare Act. In this regard, the Committee notes with interest that section 229(1) of the Child Protection and Welfare Act of 2011, states that a child who is 13 years old may be engaged in light work, and section 229(2) defines light work as work which is not likely to be harmful to the health or development of a child and does not affect the child’s attendance at school or the capacity of the child to benefit from school.

Part V of the report form. 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 Committee noted the Government’s indication that it was 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 notes the Government’s indication that regarding the Child Labour Survey, it is making efforts to ensure that the survey is carried out in the near future. The Committee encourages the Government to pursue its efforts to ensure that information on the situation of working children in Lesotho is made available, including, for example, data on the number of children and young persons below the minimum age who are engaged in economic activities, and statistics relating to the nature, scope and trends of their work.