Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Lesotho (Ratification: 1966)

Article 3 of the Convention. Right of workers’ and employers’ organizations to organize their activities and formulate their programmes. In its previous observations, the Committee had noted that section 198F of the Labour Code grants specific advantages (access to premises to meet representatives of the employer, to recruit members, to hold a meeting of members and to perform any trade union functions in terms of a collective agreement) to trade unions representing more than 35 per cent of employees, and that section 198G(1) of the Labour Code provides that only members of registered trade unions representing more than 35 per cent of the employees in enterprises employing 10 or more employees were entitled to elect workplace union representatives. The Committee requested the Government to take measures, including in the context of the ongoing labour law reform, to ensure that the distinction between most representative and minority unions does not result, in law or in practice, in granting privileges that would unduly influence workers’ free choice of organization. The Committee notes that the Government indicates that in the draft revised Labour Code, which has not been tabled before the Parliament, the distinction between the most representative and the minority unions will not unduly influence the workers' choice of organization, as bargaining rights are granted to both majority and minority trade unions. The Committee once again recalls that the distinction between most representative and minority unions should be limited to the recognition of certain preferential rights (for example, for such purposes as collective bargaining, consultation by the authorities or the designation of delegates to international organizations). The Committee encourages the Government to also include in the revision of the Labour Code the consideration of measures to amend sections 198F and 198G(1) to ensure that workers’ free choice of organization is not unduly influenced by the privileges granted by these provisions, and to send a copy of the revised Labour Code once adopted.

Articles 2, 3 and 5. Public officers’ associations. The Committee had previously noted that section 14(1)(b), (c) and (d) of the Societies Act required registered societies to supply to the Registrar-General, upon his or her order at any time, a list of office bearers and members of the society, the number and place of meetings held within the preceding six months, and such accounts, returns and other information as he or she thinks fit. It requested the Government to pursue its efforts to amend the Public Service Act to ensure that organizations of public officers were not subject to the obligations outlined in section 14(1)(b), (c) and (d) of the Societies Act, and that their supervision was limited to the obligation of submitting periodic financial reports or where there were serious grounds for believing that the actions of an organization were contrary to its rules or the law. The Committee further expressed its firm hope that the Government would take the necessary measures to ensure that public officers were able to establish and join federations and confederations, and affiliate with international organizations. The Committee notes that the Government indicates that: (i) the Ministry of Public Service is still awaiting Cabinet approval for the review of the Public Service Act; (ii) the draft revised Labour Code has abolished the divided system of labour law and will apply to all sectors of the economy, including the public service; (iii) a Labour Policy which underlines the application of international labour standards to all workers across sectors, including public servants, has been approved; and (iv) the Ministry had requested technical assistance from the ILO but the workshops that were scheduled were suspended because of the COVID-19 pandemic and the nationwide lockdowns. The Committee expects that the review of the Public Service Act will be conducted in the near future and will ensure that organizations of public officers are exempted from the application of section 14(1)(b), (c) and (d) of the Societies Act and that their supervision is limited to the obligation of submitting periodic financial reports or where there are serious grounds for believing that the actions of an organization were contrary to its rules or the law. The Committee also requests the Government to provide information on the specific measures taken, within the framework of the labour law reform, to ensure that public officers are allowed to establish and join federations and confederations, and affiliate with international organizations, in accordance with Article 5 of the Convention.

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