Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Articles 1, 2 and 3(c) of the Convention. Discrimination on the basis of sex. The Committee recalls its previous comments concerning the fact that, under customary law and in common law, married women were considered to be minors and therefore could not conclude a contract, open a bank account, obtain a loan or apply for a passport without their husband’s consent. In this regard, the Committee notes with satisfaction that the Legal Capacity of Married Persons Act enacted in 2006 repeals “common law, customary law and any other marriage rules in terms of which a husband acquires marital powers over the person and property of his wife” (section 3(1)). The Committee notes that the Act removes restrictions on the legal capacity of married women as regards the following: (a) entering into a contract; (b) suing or being sued; (c) registering immovable property in her name; (d) acting as an executive of a deceased’s estate; (e) acting as a trustee of an estate; (f) acting as a director of a company; (g) binding herself as surety; and (h) performing any other act which was restricted by any law due to marital power before the commencement of the Act (section 3(3)). The Act also provides for spouses “married in community of property” to have equal powers (section 5). The Committee requests the Government to provide detailed information on the measures taken to ensure the Act’s full implementation and on its impact on women’s employment and access to occupations. In this regard, the Committee requests the Government to provide information on any judicial decisions issued enforcing the Act’s provisions and on the measures taken to raise awareness of the Act. The Committee also requests the Government to provide information on any measures taken specifically to prevent continued application, in practice, of customary law regarding marital powers restricting women’s equality in employment and occupation.

Measures to promote equality of opportunity and treatment of men and women in employment and occupation. The Committee recalls its previous comments concerning the participation of men and women in the labour market, requesting the Government to provide information on the measures taken to ensure that men and women enjoy equal employment opportunities in all sectors and industries, based on merit and excluding stereotypical considerations. In this regard, the Committee notes that, during the Extraordinary Meeting of the African Union Conference of Ministers of Gender and Women’s Affairs held in Maseru on 18 December 2008, the Prime Minster announced plans to set up a Gender Commission which would provide support for the implementation of the 2003 Gender and Development Policy and that the ministry responsible for gender issues is establishing a women’s credit scheme to stimulate self-employment. The Decent Work Country Programme (2006–09) document indicates that job cuts in the textile industry severely impacted on women’s job opportunities and identifies job creation as a priority area to be addressed. The Committee requests the Government to provide information on the establishment of the Gender Commission and its activities to promote gender equality in employment and occupation, the implementation of the women’s credit scheme, as well as information on any other measures taken to promote and ensure equality of opportunity and treatment of men and women in employment and occupation. In this context, the Committee requests the Government to indicate the measures taken to ensure that men and women benefit from job-creation programmes on an equal footing. Noting that updated information on the participation of men and women in employment is not yet available, the Committee requests the Government to provide such data as soon as possible.

Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee previously noted that a Race Relations Bill, 2004, had been drafted which prohibits racial discrimination in respect of access to schools, services and public facilities. The Committee had also noted information concerning ethnic tensions between the Basotho and ethnic Asian communities, including at the workplace. In this regard, the Committee notes from the Government’s report that no further developments have occurred with regard to practical measures to ensure equality of opportunity and treatment of all workers in Lesotho, irrespective of race, colour or national extraction. The Committee requests the Government to indicate whether any progress has been made with regard to adopting legislation addressing racial discrimination. Please also provide information on the employment situation of the various ethnic communities, and on any measures taken to promote and ensure equality in employment and occupation, irrespective of race, colour or national extraction.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that it had not yet been able to take any action to seek the cooperation of workers’ and employers’ organizations with a view to promoting the application of the Convention. The Committee encourages the Government to take active steps to seek the cooperation of the social partners with a view to discussing and deciding on specific measures to promote equality at work, including through awareness raising and training on the principles of the Convention and the non-discrimination provisions contained in the legislation. The Committee requests the Government to provide information on any measures taken to this end.

The Committee is raising other points in a request addressed directly to the Government.