Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Minimum Age Convention, 1973 (No. 138) - Lesotho (Ratification: 2001)

Other comments on C138

Observation

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Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted the Government’s information that the draft Action Plan for the Elimination of Child Labour (APEC) was in the process of being adopted.

The Committee notes with interest that the APEC 2013–17 has been adopted by the Government. It notes that the overall objective of the APEC is to reduce the incidence of child labour to less than 1 per cent by 2016, while laying a strong policy and institutional foundation for eliminating all other forms of child labour in the longer term. The Committee requests the Government to provide detailed information on the concrete measures taken within the framework of the APEC for eliminating child labour as well as the results achieved.

Article 2(1). Scope of application and labour inspectorate. Self-employment and work in the informal economy. In its previous comments, the Committee noted that the provisions of the Labour Code excluded self-employment from its scope of application.

The Committee notes from the APEC document that the Labour Code Amendment Bill, which is in its final stage of adoption, addresses a number of child labour concerns, including strengthening the protection of children working in the informal economy as well as extending the labour inspection services to the informal economy. The Committee also notes that the Ministry of Labour and Employment, with ILO support, established a Child Labour Unit which will assist in the protection of children working in the informal economy. Moreover, the Committee notes the Government’s information that in February 2015, the relevant ministries along with other NGOs undertook a mission to withdraw children working in the informal economy in the business hub of the Leribe district. Most of the children withdrawn were either enrolled at schools or reunited with their families. However, the Committee notes from the compilation report of November 2014, prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review, that, according to the submissions made by the United Nations Country Team of Lesotho, children continued to work in domestic service, street vending and in agriculture (A/HRC/WG.6/21/LSO/2, paragraph 43). Moreover, the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), in its List of Issues of September 2014, expressed concern about the high number of children engaged in animal herding, street trading, and domestic work (CMW/C/LSO/QPR/1, paragraph 29). The Committee accordingly strongly encourages the Government to strengthen its efforts to ensure that the protection afforded by the Convention is granted to children carrying out economic activities without an employment agreement, including self-employed children and children working in the informal economy. In this regard, it requests the Government to provide information on the activities undertaken by the Child Labour Unit to assist in the protection of children working in the informal economy, and the results achieved. The Committee also requests the Government to indicate any progress made with regard to the adoption of the Labour Code Amendment Bill which contains provisions protecting children working in the informal economy and extends labour inspection services to the informal economy.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that, according to the Education Act of 2010, the age of completion of compulsory education is 13 years in Lesotho, two years before a child is legally eligible to work (15 years). It also noted that the Government would make education compulsory up to the minimum age for employment of 15 years.

The Committee notes the Government’s indication that the Ministry of Education, in collaboration with the Ministry of Social Development, is working to make education free and compulsory at the secondary level. The Committee once again reminds the Government that if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see General Survey of 2012 on the fundamental Conventions, paragraph 371). Recalling once again that education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to ensure compulsory education up to the minimum age of employment of 15 years. It requests the Government to provide information on any measures taken in this regard, including measures taken under the APEC.

Article 6. Minimum age for admission to apprenticeship. The Committee previously noted the Government’s indication that there was no minimum age for admission to apprenticeships. It noted the Government’s statement that a committee composed of representatives from the Department of Labour, the Ministry of Gender and Youth, the Ministry of Education and Training, the social partners and other relevant stakeholders was established to address the issue of apprenticeships.

The Committee notes the absence of information in the Government’s report on this point. In this regard, the Committee once again reminds the Government that, pursuant to Article 6 of the Convention, the minimum age for admission to work in undertakings in the context of vocational training or an apprenticeship programme cannot be below 14 years. It therefore once again requests the Government to take the necessary measures, within the framework of the inter-ministerial committee appointed on this subject, to ensure that no child under 14 years of age is permitted to undertake an apprenticeship in an enterprise. It requests the Government to provide information on steps taken in this regard.

Application of the Convention in practice. The Committee notes the Government’s information that the proposed labour force survey, which includes a child labour module, will be conducted and that the data related to child labour will be available in 2017. The Committee expresses the firm hope that the Government will take the necessary measures to conduct the labour force survey as proposed. It requests the Government to provide information on the results of the survey with regard to the situation of working children in Lesotho, including, for example, data on the number of children and young persons below the minimum age who are engaged in economic activities and statistics relating to the nature, scope and trends of their work.