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Repetition Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures. The Committee previously noted the Anti Trafficking in Persons Act, 2011 and requested the Government to provide information on its application in practice, indicating the number of investigations, prosecutions and convictions, as well as information on the measures taken to provide protection and assistance to the victims of trafficking. The Committee notes the statistical data on cases of trafficking provided by the Government in its report for the period of 2012–14. It notes that several cases of trafficking are related to forced labour and sexual exploitation, and that seven trafficking victims have been detected, as well as four perpetrators in 2014. The Government further indicates that a National Anti-Trafficking in Persons Strategic Framework (2014–16), as well an Action Plan, have been adopted to capacitate law enforcement agencies. In July 2015, a workshop was held for stakeholders relating to the data compilation of trafficking in persons cases. The Committee also notes the information contained in the Government’s report to the Human Rights Council of October 2014, that the Ministry of Gender along with the Ministry of Police conducted several awareness raising programmes on trafficking as well as joint awareness operations with the South African Police Service along the border towns and villages (A/HRC/WG.6/21/LSO/1, paragraph 51). The Committee requests the Government to continue to provide information on the measures taken to prevent, suppress and punish trafficking in persons. The Committee also requests the Government to provide information on the measures taken to implement the Anti-Trafficking in Persons Strategic Framework, as well as the Action Plan and to indicate the results achieved in combatting trafficking in persons. 2. Protection and reintegration of victims. The Committee notes the Government’s indication that, although it has not established the victims’ care centre or a fund to protect and rehabilitate victims of trafficking, medical, psychological, and legal and life skills services are accessible to victims at government hospitals and clinics, and the Child Gender and Protection Unit (CGPU) has to provide limited counselling to such groups. The Committee also notes the information contained in the Government’s report to the Human Rights Council as mentioned above, that it has collaborated with civil society organizations to run care centres so as to provide victims of trafficking with assistance, and that the Ministry of Social Development trained 21 officials on the definition of trafficking and basic victim identification. The Committee requests the Government to continue to provide information on the measures taken to provide protection and assistance to victims of trafficking with a view to facilitate their subsequent re-integration into society. 3. Adequate penalties. The Committee previously observed that pursuant to section 5(1) and (2) of the Anti-Trafficking in Persons Act, a person convicted of trafficking could possibly only be convicted to pay a fine. The Committee requested the Government to indicate the manner in which such a provision is applied in practice. The Committee notes the Government’s indication that there has been no prosecution of trafficking offenders in 2014. The Government pledges to avail the information requested as soon as the cases are disposed of and sanctions imposed on offenders. The Committee notes however, the information contained in the Government’s report to the Human Rights Council that investigations on eight cases have been completed, in five of which the accused have appeared before the courts on remand. Trials are continuing on two cases and one case is complete and a conviction was secured at the trial court though on appeal it was overturned. The Committee requests the Government to provide information on the application in practice of section 5(1) and (2) of the Anti-Trafficking in Persons Act, supplying information on the number of investigations carried out, convictions and the penalties imposed on perpetrators. Please also indicate the measures taken to ensure that law enforcement bodies benefit from adequate training. Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. The Committee previously noted that section 314A(1) of the Criminal Procedure and Evidence (Amendment) Act, 1998 enables the Court to replace a sentence of imprisonment or detention for a person convicted of a minor offence (for which the Court may pass a sentence not exceeding 18 months of imprisonment) by an order to perform community services. The Committee requested the Government to indicate whether the imposition of a sentence of community work requires the consent of the convicted person. The Committee notes the Government’s indication that Rule 16 of the Community Service Sentence Rules 1999 provides for consent of the convicted person to do community work as an alternative sentence. The nature of work performed is mostly agriculture related and/or cleaning of the environment. It is community based, therefore conducted at the instance of the community as a way of the offender showing remorse by giving back to the community. There is no particular organization for the benefit of which the work is carried out, as long as the community in general benefits. The Committee takes note of this information and requests the Government to provide a copy of the Community Service Sentence Rules of 1999.
Article 25 of the Convention. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee referred to section 7(1) and (2) of the Labour Code Order, 1992, under which penal sanctions can be imposed on any person who exacts forced labour for the benefit of any private individual, association or body, and on any chief or public officer who puts constraint upon the population or any member thereof to work for any private individual, company, association or other such body. The Committee requested the Government to take measures in order to provide for similar sanctions for any imposition of forced labour as defined in section 3 of the Order, also if imposed for the benefit of a public entity.
The Committee previously noted the Government’s indication that the National Advisory Committee on Labour had decided to review the Labour Code, and that the Committee’s concerns would be taken into account in the course of the revision. It also noted from the Government’s 2008 report that the matter was considered during the labour law review exercise, but the draft bill containing the proposed amendment had not yet been discussed by Parliament. The Committee notes the Government’s indication in its latest report on the application of Convention No. 105, likewise ratified by Lesotho, that the Government’s intention is to table the draft bill before Parliament at the earliest convenience. The Committee reiterates the firm hope that the bill will soon be adopted and the legislation will be brought into compliance with the Convention on this point. It requests the Government to provide a copy of the new law, as soon as it is adopted.
Article 25 of the Convention. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee noted the penal sanctions provided in section 7(1) of the Labour Code Order, 1992, for any person who exacts or imposes forced labour for the benefit of any private individual, association or body, and in section 7(2) for any chief or public officer who puts constraint upon the population or any member thereof to work for any private individual, company, association or other such body. The Committee requested the Government to take measures in order to provide similar sanctions for any imposition of forced labour as defined in section 3 of the Order, also if imposed for the benefit of a public entity. It noted the Government’s indication that the National Advisory Committee on Labour had decided to review the Labour Code, and that the Committee’s concerns would be taken into account in the course of the revision.
The Committee notes the Government’s indication in its report received in November 2008 that the matter was considered during the labour law review exercise, but the draft bill containing the proposed amendment has not yet been discussed by Parliament.
While noting these indications, the Committee expresses the firm hope that the bill will soon be adopted and the legislation will be brought into compliance with the Convention on this point. It requests the Government to provide a copy of the new law, as soon as it is adopted.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Article 25 of the Convention. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee noted the penal sanctions provided in section 7(1) of the Labour Code Order, 1992, for any person who exacts or imposes forced labour for the benefit of any private individual, association or body, and in section 7(2) for any chief or public officer who puts constraint upon the population or any member thereof to work for any private individual, company, association or other such body. The Committee requested the Government to take measures in order to provide similar sanctions for any imposition of forced labour, as defined in section 3 of the Order, also if imposed for the benefit of a public entity. It noted the Government’s repeated statement that the issue was to be examined by the tripartite National Advisory Committee on Labour.
The Committee notes the Government’s indication in its report that the National Advisory Committee on Labour has decided to review the Labour Code, and that the process of revision will start in November 2005, with the technical assistance of the ILO. The Government states that the Committee’s concerns will be taken into account in the course of the revision.
The Committee notes these indications and trusts that the necessary measures will soon be taken by the Government in order to bring the national legislation into compliance with the Convention on this point. It requests the Government to provide, in its next report, information on the progress made in this regard.
Article 25 of the Convention. In its earlier comments, the Committee noted the penal sanctions provided in section 7(1) of the Labour Code Order, 1992, for any person who exacts or imposes forced labour for the benefit of any private individual, association or body, and in section 7(2) for any chief or public officer who puts constraint upon the population or any member thereof to work for any private individual, company, association or other such body. The Committee requested the Government to take measures in order to provide similar sanctions for any imposition of forced labour as defined in section 3 of the Order, also if imposed for the benefit of a public entity. It noted the Government’s repeated indication that the issue was to be examined by the tripartite National Advisory Committee on Labour.
The Government reiterates in its report that the issue of sanctions for imposition of forced labour has not yet been examined by the National Advisory Committee on Labour. The Government once again promises to table the issue at the Committee’s future meetings and renews assurances of its commitment to bring the legislation into conformity with the Convention.
While noting these indications, the Committee reiterates firm hope that the necessary measures will at last be taken by the Government in order to bring the national legislation into compliance with the Convention on this point and that the Government will soon be able to report the progress achieved in this regard.
The Committee notes the Government’s reply to its earlier comments.
Article 25 of the Convention. The Committee previously noted the penal sanctions provided in section 7(1) of the Labour Code Order, 1992, for any person who exacts or imposes forced labour for the benefit of any private individual, association or body and in section 7(2) for any chief or public officer who puts constraint upon the population or any member thereof to work for any private individual, company, association or other such body. The Committee asked the Government to take measures in order to provide similar sanctions for any imposition of forced labour as defined in section 3 of the Order, also if imposed for the benefit of a public entity. It noted the Government’s indication that the issue was to be examined by the tripartite National Advisory Committee on Labour.
In its latest report, the Government reiterates that the issue of sanctions for imposition of forced labour has not yet been examined by the National Advisory Committee on Labour and again promises to table the issue at the Committee’s future meetings.
While noting the Government’s assurances of its commitment in bringing the legislation into conformity with the Convention, the Committee expresses firm hope that the necessary measures will at last be taken by the Government in order to bring the national legislation into compliance with the Convention on this point and requests the Government to report any progress achieved in this regard.
Article 25 of the Convention. In its earlier comments the Committee noted the penal sanctions provided in section 7(1) of the Labour Code Order, 1992, for any person who exacts or imposes forced labour for the benefit of any private individual, association or body and in section 7(2) for any chief or public officer who puts constraint upon the population or any member thereof to work for any private individual, company, association or other such body. The Committee asked the Government to take measures in order to provide similar sanctions for any imposition of forced labour as defined in section 3 of the Order, also if imposed for the benefit of a public entity. It noted the indication in the Government’s report of 1998 that the issue was to be examined by the tripartite National Advisory Committee on Labour.
The Government indicates in its latest report that the issue of sanctions for imposition of forced labour has not yet been examined by the National Advisory Committee and promises to table the issue at the Committee’s future meetings.
The Committee trusts that appropriate measures will be taken by the Government in the near future in order to bring the national legislation into conformity with the Convention on this point and requests the Government to provide, in its next report, information on the progress made in this regard.
Article 25 of the Convention. In its previous comments, the Committee asked the Government to take measures in order to provide sanctions for any imposition of forced labour, as defined in section 3 of the Labour Code Order 1992, if imposed for the benefit of a public entity, since this point is not covered by section 7 of the Labour Code. It notes the indication in the Government's report that the issue is to be examined by the tripartite National Advisory Committee on Labour and asks the Government to provide information in its next report on any developments in the matter.
The Committee notes the Government's reply to its earlier comments. The Government indicates that, since forced labour is prohibited in all its forms by the Constitution, it would be unconstitutional for any one to utilize forced labour whether for the benefit of a private individual or a public entity.
In its earlier comments the Committee noted the definition of forced labour given in section 3 of the Labour Code Order, 1992, and the penal sanctions provided in section 7(1) of the Order for any person who exacts or imposes forced labour for the benefit of any private individual, association or body and in section 7(2) for any chief or public officer who puts constraint upon the population or any member thereof to work for any private individual, company, association or other such body. The Committee reiterates its hope that similar sanctions will be provided for any imposition of forced labour as defined in section 3 of the Order, also if imposed for the benefit of a public entity. It asks the Government to provide, in its next report, information on any measures taken towards this end.
Further to its previous comments, the Committee notes that the Employment Act, No. 11 of 1967, and the Employment (Amendment) Act, No. 1 of 1977, were repealed by the Labour Code Order, No. 24 of 1992. The Committee notes with interest the definition of forced labour given in section 3 of the Order and the penal sanctions provided in section 7(1) of the Order for any person who exacts or imposes forced labour for the benefit of any private individual, association or body and in section 7(2) for any chief or public officer who puts constraint upon the population or any member thereof to work for any private individual, company, association or other such body. The Committee hopes that similar sanctions will be provided for any imposition of forced labour as defined in section 3, even if imposed for the benefit of a public entity, and that the Government will report on any measures taken towards this end.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:
The Committee noted with satisfaction in 1979 that section 79(2) of the Employment Act (which authorised chiefs to require persons to act as their messengers) (1967) was repealed by the Employment (Amendment) Act, 1977. A copy of the latter Act was also received by the Committee. The Committee notes from the Government's report for the period 1 July 1987 to 30 June 1989 that section 79(2) of the Employment Act, 1967 is in force. The Committee again asks the Government to provide further information on the state of the law as currently applied.
The Committee noted with satisfaction in 1979 that section 79(2) of the Employment Act (which authorised chiefs to require persons to act as their messengers) (1967) was repealed by the Employment (Amendment) Act, 1977. A copy of the latter Act was also received by the Committee. The Committee notes from the Government's report for the period 1 July 1987 to 30 June 1989 that section 79(2) of the Employment Act, 1967 is in force. The Committee asks the Government to provide further information on the state of the law as currently applied.