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

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 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Trafficking of children. The Committee had previously noted that the Law Reform Commission had prepared the Children’s Protection and Welfare Bill which provides that child trafficking constitutes an offence. It had also noted the Government’s information that the Bill defines a child as a person under the age of 18 years. The Committee notes the Government’s information that the legislative process for the adoption of the Children’s Protection and Welfare Bill is still ongoing. The Committee hopes that the Children’s Protection and Welfare Bill will be adopted shortly and requests the Government to provide a copy of the Bill as soon as it has been adopted.

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 also noted the Government’s statement 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. It had requested the Government to indicate 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. The Committee notes the absence of information in the Government’s report. 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 that, by virtue of Article 1, it is obliged to take immediate measures to prohibit this worst form of child labour. The Committee therefore requests the Government to take measures to prohibit the use, procuring or offering of a child under 18 years for the production and trafficking of drugs, as a matter of urgency.

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 notes with interest the information provided by the Government under Convention No. 138 that the Labour Code has been reviewed and a new provision for the protection of children in the domestic sector as well as self-employed workers has been inserted which reads as follows: for the purposes of sections 124–129 of the Labour Code of 1992 (related to the minimum age for admission to work, hazardous work, and related issues), “A person is deemed to have employed a child or young person if they employ a child or young person to work or require or permit a child or young person to work in any workplace or establishment under their control, including work as a domestic worker, or for any business that they conduct, irrespective of whether the child or young person is working in terms of a contract of employment or otherwise.” The Committee hopes that the Labour Code duly reviewed will be adopted in the very near future. It requests the Government to supply a copy of the same once it has been adopted.

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, however, noted that neither the Labour Code nor any other legislation in Lesotho had 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, under the Labour Code review, a new section 129A containing a list of types of hazardous work prohibited to young persons has been inserted after consultation with the employers’ and workers’ organizations. The Committee notes that, although the Government states that it has sent a copy of the list with its report, no such document has been supplied. The Committee expresses the firm hope that the list of types of hazardous work will be adopted soon and requests the Government to provide a copy of the same once it has been adopted.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously noted 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, the aim of which was to identify the most hazardous forms of child labour. It had requested the Government to provide information on the findings of the 2004 workshop with regard to the identification of hazardous work. The Committee notes the Government’s information that the 2004 workshop identified the following hazardous forms of child labour: herd boys, commercial sexual exploitation, using children for crimes, domestic work, street vending, collection of taxi fares and fetching wood and water from long distances.

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. It had also noted the Government’s statement that the worst forms of child labour have been reported in the informal economy, where it is very difficult to carry out inspections. It had further noted the Government’s statement that the Labour Code does not cater to the need to carry out inspections in the informal sector. The Committee notes the Government’s information that collective efforts are being taken to protect children from hazardous child labour. The Committee encourages the Government to take the necessary measures to protect children from hazardous work in the informal sector, including through the strengthening of the labour inspection system in this sector. It requests the Government to provide information on the measures taken in this regard.

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 statement that the ILO–IPEC project entitled “Towards the Elimination of the Worst Forms of Child Labour” (TECL) has not yet been operationalized. The implementation of this project will take place after it has been approved by the Cabinet. The Committee requests the Government to provide information on the implementation of the TECL project and on any relevant impact with regard to the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Ensuring access to free basic education. The Committee had previously noted that primary education has not yet been made compulsory and that many children, in particular herd boys, children living in poverty and children in remote rural communities, continue not to have access to education. It also noted the Government’s information that the project entitled “Reducing Exploitative Child Labour” (RECLISA) which aims at providing non-formal educational opportunities for school drop-outs and other vulnerable children, in particular herd boys, was extended up to 2009. The Committee notes the Government’s statement that the implementation of the RECLISA project was started in 2006 and that so far 328 children have benefited from this project. It notes, however, the Government’s indication that this project came to an end in December 2007. It also notes the information provided by the Government in its report under Convention No.138 that a Bill introducing free and compulsory primary education is in the process of being adopted. Considering that education plays an important role in preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to take the necessary measures aimed at improving their access to free basic education. It also expresses the firm hope that the Bill introducing free and compulsory primary education will soon be adopted. It further asks the Government to supply updated statistical data on school enrolment and drop-out rates.

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, in its concluding observations (CRC/C/15/Add.147, paragraphs 59 and 60), the Committee on the Rights of the Child had 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. It had also noted 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 the Government’s statement that the Ministry of Education, together with UNICEF, has established Child Protection Teams made up of representatives of the Ministries of Labour and Employment; Health and Social Welfare and Home Affairs. It also notes the Government’s statement that the Global Fund on AIDS has provided funds for the renovation of households in which orphaned and vulnerable children live in order to provide them with better care and assistance. The Committee requests the Government to provide information on the functioning of the Child Protection Teams, with regard to protecting herd boys, street children and other vulnerable children from the worst forms of child labour.

2. Child victims/orphans of HIV/AIDS. The Committee had previously noted the Government’s statement that, in most ministries, including the Ministry of Employment and Labour, HIV/AIDS support groups were created with the aim, 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 food and clothes. It had also noted that, according to UNICEF data, the Government of Lesotho, UNICEF, the World Food Programme and other partners are working to ensure that children are educated about the dangers of HIV and how to avoid it. It had further noted the Government’s indication that it is in the process of implementing the National AIDS Strategic Plan and the Policy Framework on HIV/AIDS Prevention, Control and Management. The Committee requests the Government to provide information on the impact of the abovementioned measures on protecting child victims/orphans of HIV/AIDS from the worst forms of child labour. It also requests the Government to provide information on the implementation of the National AIDS Strategic Plan 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 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 of them do not attend school. It had also noted 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. It had requested the Government to take effective and time-bound measures to protect girls engaged in domestic work from the worst forms of child labour. The Committee notes the Government’s reference to the new provision inserted in the revised Labour Code which provides for the protection of children engaged in domestic work. The Committee encourages the Government to pursue its efforts, including through labour inspection, to accord special attention to girls engaged in domestic work and to ensure that they do not perform hazardous work.

Parts IV and V of the report form. The Committee notes the Government’s statement that there are no cases related to the worst forms of child labour and hence no prosecutions, convictions or penalties have been imposed. It further notes the Government’s information that the investigations carried out by the Labour Department, based on an allegation made by the Lesotho Clothing and Allied Workers Union that child labour was practised in the textile industry, found that the allegation was not true. 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.

The Committee encourages the Government to take into consideration, during the review of the relevant legislation, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to provide any information on progress made in this regard and invites it to consider seeking technical assistance from the ILO.