Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Lesotho (Ratification: 1998)

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Articles 1(1)(a) and 3(c) of the Convention. Discrimination based on sex. Legislative developments. The Committee recalls that Lesotho operates a dual legal system where two systems of law are operating side by side, namely customary law and common law, with some elements in the customary law being discriminatory against women and girls, which continues to present a challenge for women’s access to land, credit and employment. In relation to the progress made in harmonizing both systems, the Committee notes with satisfaction the Government’s indication, in its report, that the Harmonisation of the Rights of Customary Widows with the Legal Capacity of Married Persons Act was enacted in 2022, to enhance the economic status of customary widows by enabling them to have ownership and control of the property of the joint estate upon the husband’s death. The Committee further notes, from the Government’s report, that: (1) the Labour Bill, that includes provisions on maternity and paternity leave, and grants the labour inspectorate powers to supervise and impose penalties in case of non-compliance with these provisions, is at an advanced stage and awaits presentation by the National Advisory Committee on Labour Administration (NACOLA) to the Minister of Public Service, Labour and Employment; and (2) the Social Security Bill, that will cover all workers with social protection for all life events in relation to employment such as maternity and paternity related benefits, sickness benefits, injury benefits and worker’s death and will provide for penalties in case of non-compliance, also awaits presentation to the latter Minister. The Committee observes that, in its 2023 concluding observations, the Human Rights Committee indicate that it remains concerned by Article 18(4)(c) of the Constitution, which allows for the application of discriminatory provisions of customary law against women and girls, in particular regarding the inheritance of property, marriage, nationality and access to land and chieftaincy (CCPR/C/LSO/CO/2, 6 September 2023, paragraph 17). In this regard, it notes that the so-called “Constitutional Omnibus Bill” is still pending for adoption before Parliament and welcomes the information, from the 2022 annual report on Lesotho of the United Nations Development Programme (UNDP), according to which, of the 98 amendments contained in the Bill, 46 per cent directly address women and gender issues such as the age of majority, public appointments, electoral processes, inheritance, justice reforms, and security sector practices that are discriminatory to women. The Committee encourages the Government to pursue its efforts in harmonizing customary law and common law with a view to removing any elements which are discriminatory, in particularly towards women and girls. It asks the Government to provide information on: (i) any progress made to that end, in particular in the adoption of the Labour Bill, the Social Security Bill and the “Constitutional Omnibus Bill”, with a view to ensure women’s equal access to employment, land and credit; (ii) the impact of these legislative changes on women’s economic empowerment and access to the labour market; and (iii) any concrete measures taken to raise public awareness of any new legislative provisions and enable women to exercise their rights effectively.

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