2020 Findings on the Worst Forms of Child Labor: Lesotho

 
Moderate Advancement

In 2020, Lesotho made moderate advancement in efforts to eliminate the worst forms of child labor. Lesotho’s legislature passed an amendment to the Anti-Trafficking in Persons Act that removes the requirement for proof of force, fraud, or coercion even in the case of sex trafficking for minors; the addition of this amendment brings the law up to international standards. The National Police also established the Trafficking in Persons and Migrant Control Unit within the Lesotho Mounted Police Service to oversee human trafficking cases. In addition, multiple trainings were conducted during the reporting period that included: Strategies to Combat Forced Labor; Modern Slavery and Human Trafficking; Countering Trafficking and Victim Identification; and National Shock Responsive Social Protection for the Multisector Impacts of COVID-19. However, children in Lesotho are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children also perform dangerous tasks in animal herding and domestic work. Lesotho’s compulsory education age is below the minimum age for work, leaving children in between these ages vulnerable to child labor. The government also lacks sufficient coordination mechanisms to combat child labor, and labor inspections are not conducted in high-risk sectors, including the informal sector.

I. Prevalence and Sectoral Distribution of Child Labor

Children in Lesotho are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children also perform dangerous tasks related to animal herding and domestic work. (1,2) Table 1 provides key indicators on children’s work and education in Lesotho. Data on some of these indicators are not available from the sources used in this report.

Table 1. Statistics on Children’s Work and Education

Children

Age

Percent

Working (% and population)

5 to 14

30.1 (Unavailable)

Attending School (%)

5 to 14

93.8

Combining Work and School (%)

7 to 14

32.1

Primary Completion Rate (%)

 

85.6

Source for primary completion rate: Data from 2016, published by UNESCO Institute for Statistics, 2021. (3)
Source for all other data: International Labor Organization’s analysis of statistics from Multiple Indicator Cluster Survey 6 (MICS 6), 2018. (4)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

Table 2. Overview of Children's Work by Sector and Activity

Sector/Industry

Activity

Agriculture

Herding animals, including cattle† (1,2,5)

 

Farming, including planting, applying pesticides, and harvesting (5-10)

Services

Domestic work (1,2,5)

 

Street work, including vending, and trading (5,6,8)

Categorical Worst Forms of Child Labor‡

Commercial sexual exploitation, domestic work, and animal herding, each sometimes as a result of human trafficking (1,2)

 

Use in illicit activities, including burglary and theft (6,10)

† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Lesotho is a source, transit, and destination country for human trafficking. Children involved in animal herding are exposed to harsh weather conditions, sometimes leading to death. (1,2,7) Children, especially orphans, sometimes voluntarily travel to other countries, including South Africa, for domestic work, and upon arrival they are subsequently detained in prison-like conditions and sexually exploited. (1,7)

The Lesotho Population-based HIV Impact Assessment reported in 2017 that the HIV rate in adults (ages 15–59) was 25.6 percent, the second-highest HIV rate in adults worldwide. (6,11) Due to the high rate of HIV among adults, many children in Lesotho become orphans and are vulnerable to human trafficking. (1,2,9,12,13) Children, mostly orphans driven by poverty, migrate from rural to urban areas to engage in commercial sexual exploitation. (9)

Many children face limited access to education due to a shortage of teachers and schools, which causes them to travel long distances. In Lesotho, primary education is free; however, secondary education incurs a fee that is cost prohibitive for many families. (1,5,17,24) Children with disabilities encounter difficulties with ill-equipped educational facilities and untrained teachers. These factors increase a child's vulnerability to the worst forms of child labor, such as human trafficking. (14)

UNICEF reported a 45 percent rate of birth registrations at the national level. NGOs confirmed that the low number of birth registrations results in children becoming stateless, which makes them more vulnerable to the worst forms of child labor. (15,16)

During the reporting period, the COVID-19 pandemic hindered children from accessing education. Although the government did offer online classes during this time, the classes were inconsistently delivered and inaccessible to children from poor families who overwhelmingly lack Internet access. (5)

II. Legal Framework for Child Labor

Lesotho has ratified all key international conventions concerning child labor (Table 3).

Table 3. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

ILO C. 182, Worst Forms of Child Labor

UN CRC

UN CRC Optional Protocol on Armed Conflict

UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

Palermo Protocol on Trafficking in Persons

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Lesotho's legal framework to adequately protect children from the worst forms of child labor, including the compulsory education age.

Table 4. Laws and Regulations on Child Labor

Standard

Meets International Standards

Age

Legislation

Minimum Age for Work

Yes

15

Article 228(1) of the Children’s Protection and Welfare Act; Article 124(1) of the Labour Code (17,18)

Minimum Age for Hazardous Work

Yes

18

Article 230(1) of the Children’s Protection and Welfare Act; Article 125(1) of the Labour Code (17,18)

Identification of Hazardous Occupations or Activities Prohibited for Children

Yes

 

Articles 230(3) and 231 of the Children's Protection and Welfare Act (17)

Prohibition of Forced Labor

Yes

 

Article 7(1) of the Labour Code; Article 9(2) of the Constitution; Article 5 of the Anti-Trafficking in Persons Act (18-20)

Prohibition of Child Trafficking

Yes

 

Article 5 of the Anti-Trafficking in Persons Act; Anti-Trafficking in Persons (Amendment) Act (2021) (20,21)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Article 77 of the Children’s Protection and Welfare Act; Articles 10–14 of the Sexual Offenses Act (17,22)

Prohibition of Using Children in Illicit Activities

Yes

 

Article 45(b) of the Children's Protection and Welfare Act (17)

Minimum Age for Voluntary State Military Recruitment

Yes

18

Article 22(o) of the Children’s Protection and Welfare Act (17)

Prohibition of Compulsory Recruitment of Children by (State) Military

N/A*

 

Article 22(o) of the Children's Protection and Welfare Act (17)

Prohibition of Military Recruitment by Non-state Armed Groups

Yes

 

Article 22(o) of the Children's Protection and Welfare Act (17)

Compulsory Education Age

No

13‡

Article 3 of the Education Act (24)

Free Public Education

Yes

 

Article 3 of the Education Act; Article 22(k) of the Children's Protection and Welfare Act (17,24)

* No conscription (17)
‡ Age calculated based on available information (24)

During the reporting period, Lesotho’s legislature passed an amendment to the Anti-Trafficking in Persons Act, 2011. The amendment removes the requirement for proof of force, fraud, or coercion even in the case of sex trafficking for minors. (5,21) The penalty is life in prison for aggravated forms of human trafficking such as forced labor cases involving rape or kidnapping, or which result in the death of the victim, and the new amendment removes the possibility of paying a fine in lieu of prison time. The law prescribes the same penalty for child trafficking. (5,21)

In 2020, the Ministry of Labor and Employment (MOLE) continued to update the Lesotho Labor Code, which is being drafted by the Parliamentary Council. The draft Labor Code maintains the minimum age of 15 for labor and strengthens provisions to combat the worst forms of child labor. (1,5,25)

Education is compulsory in Lesotho through age 13, which makes children age 14 particularly vulnerable to child labor because they are not required to be in school and have not reached the minimum age for work. (17,24,28

III. Enforcement of Laws on Child Labor

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of these mechanisms that may hinder adequate enforcement of their child labor laws.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Ministry of Labor and Employment (MOLE)

Enforces minimum age requirements under child labor laws, including for hazardous occupations, and assesses compliance with child labor laws as part of general labor inspections. (25) Assigns labor inspectors to operate a child labor unit within the ministry and provides recommendations that support the expansion of inspections. (25)

Trafficking in Persons and Migrant Control Unit

Handles all trafficking in persons-related cases within the Lesotho Mounted Police Service. (26)

National Police, Child and Gender Protection Unit

Investigates criminal child labor violations and works in conjunction with MOLE to enforce child labor laws, including those related to hazardous and forced child labor. (26)

Public Prosecutor’s Office

Prosecutes child labor law offenders. (25)

Children’s Court

Enforces criminal laws related to the worst forms of child labor. (25)

The Ministry for Social Development submitted drafting instructions to the Parliamentary Council for amendment of the Children's Protection and Welfare Act of 2011. (1) These recommendations support the authorization of the labor inspectorate to conduct inspections in the informal sector; however, the recommendations have not yet been implemented. (6)

Labor Law Enforcement

In 2020, labor law enforcement agencies in Lesotho took actions to combat child labor (Table 6). However, gaps exist within the operations of MOLE that may hinder adequate labor law enforcement, including insufficient resource allocation.

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2019

2020

Labor Inspectorate Funding

Unknown (25)

$796,465 (5)

Number of Labor Inspectors

30 (25)

31 (5)

Inspectorate Authorized to Assess Penalties

No (25)

No (5)

Initial Training for New Labor Inspectors

No (25)

No (5)

Training on New Laws Related to Child Labor

No (25)

No (5)

Refresher Courses Provided

Yes (25)

Yes (5)

Number of Labor Inspections Conducted

552 (25)

437 (5)

Number Conducted at Worksite

552 (25)

437 (5)

Number of Child Labor Violations Found

1 (25)

0 (5)

Number of Child Labor Violations for Which Penalties Were Imposed

0 (25)

N/A (5)

Number of Child Labor Penalties Imposed that Were Collected

0 (25)

N/A (5)

Routine Inspections Conducted

Yes (25)

Yes (5)

Routine Inspections Targeted

Yes (25)

Yes (5)

Unannounced Inspections Permitted

Yes (25)

Yes (5)

Unannounced Inspections Conducted

Yes (25)

Yes (5)

Complaint Mechanism Exists

Yes (25)

Yes (5)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (25)

Yes (5)

Lesotho has a referral mechanism that is maintained through the collaboration of different ministries. If a case of child labor is found by MOLE, the Ministry’s inspectors will refer the case to NGOs and the Ministry of Social Development. (5) NGOs usually provide immediate material assistance, such as food, cash, or shelter, and the Ministry of Social Development conducts site and family visits and assists eligible children register for a child grant program. (5)

Reports indicate that funding is inadequate for the labor inspectorate to carry out inspections. In addition, labor inspections are not conducted in high-risk sectors, including the informal sector. (5,25)

Criminal Law Enforcement

In 2020, criminal law enforcement agencies in Lesotho took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including limited funding and personnel. (2,25)

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcemen

2019

2020

Initial Training for New Criminal Investigators

No (25)

No (5)

Training on New Laws Related to the Worst Forms of Child Labor

No (25)

N/A (5)

Refresher Courses Provided

No (25)

No (5)

Number of Investigations

Unknown (25)

0 (5)

Number of Violations Found

0 (25)

0 (5)

Number of Prosecutions Initiated

0 (25)

0 (5)

Number of Convictions

0 (25)

0 (5)

Imposed Penalties for Violations Related to The Worst Forms of Child Labor

No (25)

No (5)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (25)

Yes (5)

The National Police's Child and Gender Protection Unit does not have guaranteed funding; rather, it receives funding from the general operations budget of the National Police. Research found that the Child and Gender Protection Unit has limited personnel and receives insufficient or no funding to carry out child labor investigations. (8,12) There is also no evidence of any funding for combating child labor being provided to the Public Prosecutor’s Office or the Children’s Court. (1)

IV. Coordination of Government Efforts on Child Labor

The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exists that hinder the effective coordination of efforts to address child labor, including efficacy in accomplishing mandates.

Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

Program Advisory Committee on Child Labor/National Task Team

Led by MOLE's Child Labor Unit, the team includes representatives from government ministries, trade unions, NGOs, and international organizations. A meeting was held on October 5, 2020, to review the 2014 Elimination of Child Labor Guidelines for Agriculture Sector and its translation into Sesotho; these guidelines include new guidance for the herding industry, which employs or involves many minor boys. (5)

National Orphans and Vulnerable Children Coordinating Committee

Strengthens coordination on issues related to orphans and vulnerable children at the national level. (25) During the reporting period, held a 2 day workshop for District Children’s Protection Team members on the Violence Against Children report. (5) In addition, on June 12, 2020, Child Labour Day was virtually commemorated with live streaming on Facebook. (5)

Multi-Sectoral Committee on Combating Trafficking in Persons

Spearheads anti-trafficking in persons initiatives and approves legislation and policies to prevent human trafficking. Chaired by the Commissioner of Refugees, includes government ministries, local government members, and representatives from NGOs, international organizations, and faith-based organizations. (27) Met virtually three times and once in person in 2020. During the reporting period, the Prime Minister also established a cabinet-level sub-committee for combating trafficking in persons made up of six ministers. (26)

District Child Protection Teams

Coordinate child protection matters, including child labor, at the district level. Led by the Ministry of Social Development, include representatives from the government, private sector, NGOs, and community support groups. (27) Research was unable to determine whether any activities were undertaken during the reporting period.

Community Coordination Teams

Monitor, address, and refer instances of at-risk children or those involved in hazardous work. (1) Research was unable to determine whether any activities were undertaken during the reporting period.

Multiple trainings were conducted during the reporting period, which included: Strategies to Combat Forced Labor; Modern Slavery and Human Trafficking, facilitated by the African Regional Labor Administration Center; Countering Trafficking and Victim Identification, facilitated by IOM; and a National Shock Responsive Social Protection for the Multisector Impacts of COVID-19, which reviewed the impact of the pandemic on vulnerable groups such as children, and was facilitated by the Ministry of Social Development. (5)

V. Government Policies on Child Labor

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including implementing a new national child labor action plan.

Table 9. Key Policies Related to Child Labor

Policy

Description

National Anti-Trafficking in Persons Strategic Framework and Action Plan (2021–2026)

Supports national and international obligations and commitments regarding human trafficking, in line with the vision to eliminate all forms of trafficking in persons in Lesotho. Provides victim protection, guidance for the successful arrests and prosecutions of offenders, and preventive measures. (25,28)

Kingdom of Lesotho: Poverty Reduction Strategy Paper—National Strategic Development Plan (2018–2023)

Identifies child protection services (from the Child and Gender Protection Unit, social welfare and health agencies, and the justice system) and their capacity to respond adequately to cases of violence, abuse, and exploitation of children, including child labor. Outlines prevention measures. (1,29) Research was unable to determine whether actions were taken during the reporting period.

‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (1,6,25)

Although the government released a draft labor policy in 2018 that proposed harmonizing existing legislation with international labor standards regarding child labor, the Cabinet has yet to approve the policy. (1,5,6) In addition, the government has not included child labor elimination and prevention strategies in existing policies, such as the Education Sector Strategic Plan. (30)

VI. Social Programs to Address Child Labor

In 2020, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including the adequacy of programs to fully address the scope of the problem.

Table 10. Key Social Programs to Address Child Labor

Program

Description

Orphans and Vulnerable Children Scholarship Program†

Government program that pays for tuition, uniforms, supplies, and boarding fees for orphans and vulnerable children. (1) Research was unable to determine whether activities were undertaken to implement this program during the reporting period.

School Feeding Program

Provides incentives for primary school children from impoverished backgrounds to attend school and improves retention. (1) Research was unable to determine whether activities were undertaken to implement this program during the reporting period.

Child Grant Program

Provides social cash transfers to impoverished households, orphans, and vulnerable children with the aim of increasing access to basic needs such as food, health, and education. The program is implemented by the Ministry of Social Development and funded by the EU with technical support from UNICEF. (1,31) Research was unable to determine whether activities were undertaken to implement this program during the reporting period.

† Program is funded by the Government of Lesotho.
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (1)

The government continued to incorporate human trafficking lessons in the primary school curriculum (Standard 7). (8)

VII. Suggested Government Actions to Eliminate Child Labor

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Lesotho (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor

Area

Suggested Action

Year(s) Suggested

Legal Framework

Establish age 15 as the age up to which education is compulsory to match the minimum age for full-time work.

2010 – 2020

Enforcement

Provide adequate funding and training for labor inspectors to carry out mandated duties.

2009 – 2020

 

Ensure that criminal law enforcement agencies receive an adequate amount of funding, training, and resources with which to conduct inspections and investigations.

2020

 

Ensure that labor inspections are conducted in all relevant sectors, including the informal sector.

2014 – 2020

 

Ensure that the labor inspectorate is authorized to assess penalties, including those related to the worst forms of child labor.

2009 – 2020

Coordination

Ensure that the Community Coordination Teams are active and undertaking activities in support of their missions.

2018 – 2020

Government Policies

Ensure that there is a policy for the elimination of child labor to replace the expired National Action Plan for the Elimination of Child Labor.

2018 – 2020

 

Ensure that all actions plans are active and being implemented according to their mandates.

2020

 

Integrate child labor elimination and prevention strategies in existing youth policies, such as the Education Sector Strategic Plan.

2012 – 2020

Social Programs

Institute programs that address push factors that promote child labor, including the high HIV rate in adults.

2017 – 2020

 

Ensure that children with disabilities have equal access to education.

2018 – 2020

 

Address educational and logistical gaps resulting in reduced opportunities for secondary education, including shortage of teachers and secondary school fees.

2018 – 2020

 

Increase birth registrations of children to reduce their vulnerability to the worst forms of child labor.

2017 – 2020

 

Expand existing programs to address the scope of the child labor problem.

2015 – 2020

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