Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. Trafficking of children. In its previous comments, the Committee had requested the Government to provide information on the measures taken or envisaged to prohibit the sale and trafficking of children and the sanctions envisaged. The Committee notes the Government’s information that the Law Reform Commission has prepared the Children’s Protection and Welfare Bill of 2005. Section 72 of this Bill provides that child trafficking constitutes an offence. It also notes the Government’s information that this Bill defines a child as a person under the age of 18 years. The Committee hopes that the new Children’s Protection and Welfare Bill of 2005 will be adopted shortly and requests the Government to provide a copy of the Act as soon as it has been adopted.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted that, according to section 1 of Proclamation No. 14 of 1949 (Women and Girls’ Protection), as amended by Act No. 53 of 1956, procuring or attempting to procure any woman or girl for the purpose of prostitution is an offence. The Committee had noted that the provisions under Proclamation No. 14 of 1949 only apply to females and had therefore requested the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of boys for prostitution. The Committee notes the Government’s information that, according to section 81 of the Child Protection and Welfare Bill of 2005, offering a child (i.e. a person under 18 years of age) for prostitution constitutes an offence. It also notes the Government’s information that, under this Bill, the definition of “child” is general and does not exclude a boy child.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that sections 2, 3 and 9 of Proclamation No. 9 of 1912, “Obscene Publications”, punish the manufacture, production, distribution and possession of pornographic material, as well as the involvement in any business related to pornographic material. It had asked the Government to indicate in what way the use, procuring or offering of a child under 18 years for pornography and pornographic performances is expressly prohibited under the relevant legislation. The Committee notes the Government’s information that under section 81(h) of the Child Protection and Welfare Bill of 2005, it constitutes an offence: to offer a child for purposes of commercial sexual exploitation by means of any advertisement or other notice published in any manner or displayed in any place; or to seek information for that purpose; or to accept such advertisement or notice for publication or display.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that section 2 of Proclamation No. 35 of 1922, “Opium and habit-forming drugs”, punishes in general the importation, exportation, production, manufacturing, sale and exchange of any habit-forming drug and of any plant from which such drug can be extracted. It had asked the Government to indicate in what way the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs is specifically prohibited under the relevant legislation. The Committee notes the Government’s information that there is no legislation specifically providing for the prohibition of the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for the production and trafficking of drugs constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee requests the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for the production and trafficking of drugs.

Clause (d). Hazardous work. Self-employed children. The Committee had 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 had requested the Government to indicate the manner in which the national legislation provides that such persons under 18 years of age are afforded the protection set out in Article 3(d) of the Convention so as not to be engaged in hazardous work. The Committee notes the Government’s information that at the moment inspections by the Ministry are confined only to contractual employment in private industrial undertakings, while this issue seems to be a problem in the informal economy. It is therefore impossible for the Office of the Labour Commissioner to enforce this provision. It notes the Government’s information that, however, section 237 of the Child Protection and Welfare Bill of 2005 prohibits the employment of children in any hazardous work.

The Committee requests the Government to provide information on any relevant impact of the enforcement of section 237 on reducing the number of self-employed children under 18 engaged in hazardous types of work. The Committee also asks the Government to provide information on the number and ages of self-employed children found to be involved in types of hazardous work.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that section 125(1) of the Labour Code provides that the Minister, by notification in the Gazette, or the Labour Commissioner acting in accordance with the directions of the Minister, may, by notice in writing, determine types of work injurious to the health and morals of children and young persons. It had also noted that section 127 of the Labour Code prohibits the employment of children and young persons in mines, quarries or any opencast working, except in terms of an apprenticeship agreement approved by the Labour Commissioner. It had, however, noted that neither the Labour Code, nor any other legislation in Lesotho has determined the types of employment or work that are likely to jeopardize the health, safety or morals of young persons pursuant to section 125(1) of the Labour Code. The Committee notes the Government’s information that the Minister has not passed any notification of work which is injurious to health or morals of the child. It notes that, according to the Government, a follow-up will be made on this issue. The Committee once again reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). It once again requests the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous and which are to be prohibited for children under 18 years of age. The Committee also requests the Government to provide information on the consultations held thereon with the relevant organizations concerned.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the information contained in the 2004 Lesotho Child Labour Survey – Analytical Report – that 89.9 per cent of working children were exposed to extreme temperature or humidity, followed by 8.6 per cent of those who indicated that there was insufficient light and 1.6 per cent of those who indicated that they were exposed to dust and fumes. There were no children who reported that they were exposed to noise, dangerous tools, worked underground, worked at heights or worked with chemicals. The Committee also notes the Government’s information that under the Programme Towards the Elimination of the Worst Forms of Child Labour (TECL) a strategic planning workshop was held in November 2004, whose aim was to identify the most hazardous forms of child labour. It requests the Government to provide information on the findings of the 2004 workshop with regard to the identification of hazardous work.

Article 5. Monitoring mechanisms. The Committee had previously noted that the Labour Code provides broad powers to the labour officers to perform inspections. Nevertheless, it had 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) about the large number of children working in potentially dangerous conditions and the lack of monitoring and supervision over the conditions in which they work. The Committee had requested the Government to provide information on the functioning of the labour inspectorate and any other mechanisms established or designated to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s information that the worst forms of child labour have been reported in the informal economy, where it is very difficult to carry out inspections. The Committee notes the Government’s information that the Labour Code does not cater to the need to carry out inspections in the informal sector. The Labour Code, according to the Government, is under review and the hope is these issues will be addressed. The Committee notes the Government’s statement that problems will nevertheless arise as to the enforcement of the law, because the Ministry has very few resources to carry out inspections. The Committee recalls that the monitoring activity carried out by the relevant inspection authorities constitutes a measure to prevent the worst forms of child labour. The Committee accordingly encourages the Government, in the framework of the Labour Code review and of the enactment of the Child Protection and Welfare Bill, to strengthen and broaden the role of labour inspection in order to build an effective inspective service entitled, amongst others, to perform inspections in the informal sector.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that Lesotho is one of the project countries of the Programme Towards the Elimination of the Worst Forms of Child Labour (TECL 2004-07) supported by ILO/IPEC. The Committee requests the Government to provide information on any relevant impact of the TECL Programme with regard to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously noted that the relevant provisions of national legislation provide for sufficiently effective and dissuasive penalties for the following offences: forced labour; procuring a girl for the purposes of prostitution; making, importing and advertising pornographic material; producing, trading and trafficking of drugs; employing children and young persons in hazardous work. The Committee notes the Government’s information that sections 72 and 81(h) of the Children’s Protection and Welfare Bill of 2005 respectively punish by imprisonment for a term not exceeding 20 years the offences of child trafficking and offering a child for pornography. It requests the Government to provide information on the practical application of the penalties laid down in the relevant provisions, including penalties provided by the Children’s Protection and Welfare Bill of 2005 once it has been adopted.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Ensuring free basic education. The Committee had previously taken note of the information from UNICEF that the free primary education project had succeeded in enrolling an additional 120,000 children in primary school since 2000. However, it had observed that primary education had not yet been made compulsory and that, according to the concluding observations of the Committee on the Rights of the Child of 2001 (CRC/C/15/Add.147, paragraph 51), many children, in particular herders, children living in poverty and children living in remote rural communities, continue not to have access to education. The Committee notes the Government’s information that a project entitled “Reducing Exploitative Child Labour” (RECLISA) and which is intended to run for four years from 2005 is funded by the United States Department of Labor through American Research Project. The foundations of this project were laid upon previous work carried out by the Government of Lesotho Distance Teaching Centre. The Committee notes that, according to the information available at the Office, the RECLISA project in Lesotho concentrates mainly on young herders, but other working children and older school drop-outs will also benefit from non-formal education opportunities. The project is expected to enrol a minimum of 2,000 herders and other vulnerable children over a period of four years. These children will be taught literacy and numeracy together with basic life skills in areas that will help them earn a living as they get older. Considering that education plays an important role in preventing children from being engaged in the worst forms of child labour, the Committee asks the Government to continue providing information on the measures aimed at improving their access to free basic education. The Committee also asks the Government to supply data on the enrolment and drop-out rates in school.

Clause (d). Identify and reach out to children at special risk. 1. Herd boys, street children and other children at risk. The Committee had previously noted that, according to the Committee on the Rights of the Child (CRC/C/11/Add.20, paragraph 236), UNICEF has taken an initiative to address the problem of herders and a school in Mokhtlong district has been established to respond to the educational needs of herd boys. The Committee had also noted that, in its concluding observations (CRC/C/15/Add.147, paragraphs 59 and 60), the Committee on the Rights of the Child observed with concern the increasing number of children living and working on the streets in Lesotho and recommended that the state party make every effort to identify and address the causes of children living on the streets and to formulate policies and provide assistance to such children. The Committee notes that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – 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. Moreover, with regard to street work, most children working on the streets are faced daily with hazardous working conditions and extreme weather conditions that are detrimental to their health. In addition, they are often used in illegal activities, such as housebreaking and petty theft by unscrupulous adults. The Committee notes that, according to the Government, the Probation Unit and the Children and Gender Protection Unit have already started to help children in need of care and protection. The Committee notes the Government’s information that these issues are further provided for in the Children’s Protection and Welfare Bill, which introduces institutes such as: the Children’s Court; the Independent Children’s Commission; places of safety; probation hotels and approved schools. The Committee requests the Government to continue providing information on the measures aimed at protecting herd boys, children living and working on the streets and other children at risk from the worst forms of child labour, and results attained.

2. Child victims/orphans of HIV/AIDS. The Committee had previously requested the Government to provide information on the implementation of the National AIDS Strategic Plan 2000/01-2003/04 and the Policy Framework on HIV/AIDS Prevention, Control and Management and the concrete measures taken to address the situation of child victims of AIDS and orphans who might more easily engage in the worst forms of child labour. It notes the Government’s information that it is still in the process of implementing the national AIDS Strategic Plan 2000/01-2003/04. It also notes the Government’s statement that so far, through the Office of the National AIDS Secretariat, voluntary testing and counselling have been introduced, which is offered free of charge in government-run hospitals. This service also provides medical assistance to those who are found to be infected, but is only provided to government employees. Furthermore, in most ministries, including the Ministry of Employment and Labour, HIV/AIDS support groups have been formed with the role, amongst others, of helping and developing home-based community care, which goes to communities and villages to help victims of HIV/AIDS. Orphans have also been supported through this home-based community care, by helping them to grow their own crops and offering them some food and clothes. This, however, has not covered every community as of yet. The Committee also notes that, according to UNICEF data, the Government of Lesotho, UNICEF, the World Food Programme and other partners are working to make sure children are educated about the dangers of HIV and how to avoid it. The Committee asks the Government to continue providing information on the abovementioned measures and their impact on protecting child victims/orphans of HIV/AIDS from the worst forms of child labour. It also once again asks the Government to provide information on the implementation of the National AIDS Strategic Plan 2000/01-2003/04 and the Policy Framework on HIV/AIDS Prevention, Control and Management.

Clause (e). Special situation of girls. The Committee had previously noted that, according to the country report of 1998 to the Committee on the Rights of the Child (CRC/C/11/Add.20, paragraph 232), girls under 15 years are often hired as domestic workers and that work can start as early as 5 a.m. and continue until very late at night. The Committee had asked the Government to indicate the time-bound measures taken or envisaged to protect girls engaged in domestic work. It notes the Government’s information that, at this point, it is difficult for the office of the Labour Commissioner to make inspections at these places as they are private residences. The Committee notes that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – girls performing domestic work face a lot of verbal, physical and, in some cases, sexual abuse from their employers. Moreover, most do not attend school. It also notes that, according to this survey, 17.4 per cent of all working children were paid domestic workers. Moreover, 36.6 per cent of all children in Lesotho were involved in housekeeping activities without any time limit. In the framework of the review of the Labour Code, especially with regard to the role of the inspection service, the Committee encourages the Government to take effective and time-bound measures to protect girls engaged in domestic work from the worst forms of child labour.

Article 8. International cooperation. Following its previous comments, the Committee notes the Government’s information that Lesotho is one of the poorest countries in Africa and it is in fact learning from the experience of other countries on how to eradicate the worst forms of child labour. The assistance it has received in this domain has mostly come from the ILO and the United States Department of Labor.

Parts IV and V of the report form. The Committee notes the Government’s information that there have been no cases in which children under the employment age have been found by the inspection service to be employed in contravention of the Labour Code. It also notes the Government’s information that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – incidences of the worst forms of child labour concern mainly child commercial sex workers, herd boys, street children and domestic workers. The reason for this has been found to be the extreme poverty in the families of origin of these children, as well as the HIV/AIDS pandemic, which has resulted in parents dying and leaving children alone, thus resulting in child-headed families. The Committee notes the Government’s statement that the main problem it faces is to combat extreme poverty, the reduction of which will decrease the need for children to work in order to support themselves and their siblings. The Committee requests the Government to provide information on inspection reports, studies and inquiries and on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.