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

Abolition of Forced Labour Convention, 1957 (No. 105) - Lesotho (Ratification: 2001)

Other comments on C105

Direct Request

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Communication of texts. The Committee previously noted that the lack of communication of the texts previously requested by the Committee is due to delays in the Government’s procurement system and that they will be submitted as soon as possible. The Committee notes the Criminal Procedure and Evidence (Amendment) Act, 1998 provided by the Government with its report, as well as the entry into force of the Penal Code Act 2010, published in the Official Gazette, Volume 57, No. 30, on 9 March 2012. Yet in order to enable the Committee to fully examine the application of the Convention, the Committee again reiterates its request to the Government to supply with its next report copies of the legislation in force in the following fields: updated and consolidated texts of the Criminal Procedure and Evidence Act; the laws governing the press and other media; the law governing political parties; Disciplinary Code for public officers, to which reference is made in section 15(1)(a)(iii) of the Public Service Act, 2005, and in section 142(1) of the Public Service Regulations, 2008; as well as any provisions punishing participants in strikes declared unlawful under section 229(3) of the Labour Code, as amended by the Labour Code (Amendment) Act, 2000.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour for holding or expressing political or ideological views. 1. Public Meetings and Processions Act, 1993. The Committee previously noted that, under section 6(1) and (3) of the Public Meetings and Processions Act, 1993, a person who organizes or assists in organizing or attends or takes part in a meeting or procession in contravention of a direction or a condition imposed by a police officer, commits an offence and is liable on conviction to a fine or imprisonment for a term of up to one year. The Committee also noted that work is compulsory for convicted prisoners under rule 54(1) of the Prison Rules. Considering that section 6 is drafted in broad terms, the Committee recalled that Article 1(a) prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee noted the Government’s indication in its previous report that the relevant authorities are yet to be convened by the Government on the matter of section 6(1) and (3) of the Public Meetings and Processions Act, 1993, and that it will provide the Office with updated information in its next report. Noting that the Government’s report contains no information on this point, the Committee again reiterates its request to the Government to take the necessary measures to bring the Act into compliance with the Convention so that persons organizing or participating peacefully in meetings expressing opposition to the established political system may not be punished by imprisonment entailing compulsory labour. Pending the adoption of such measures, it requests the Government to provide information on the application of section 6(1) and (3) in practice, including copies of any court decisions and indicating the penalties imposed.

2. Penal Code Act 2010. The Committee notes that certain provisions of the new Penal Code Act 2010, which entered into force on 9 March 2012, notably sections 78 (expression of hatred or contempt), 79 (offences against the Royal Family), 101–104 (defamation) could involve the expression of political views or views ideologically opposed to the established political, social or economic system. Yet, the Committee likewise notes that no penalties are provided for these offences in the schedule of penalties (contained in Part X of the Penal Code Act), which means that imposition of the penalty is at the discretion of the court. The Committee therefore asks the Government to provide information in its next report on the application in practice of sections 78, 79, 101–104 of the Penal Code Act, including copies of any court decisions and indicating the penalties imposed.