VZCZCXRO2925
RR RUEHBZ RUEHDU RUEHJO RUEHRN
DE RUEHMR #0614/01 3341155
ZNR UUUUU ZZH
R 301155Z NOV 07
FM AMEMBASSY MASERU
TO RUEHC/SECSTATE WASHDC 3456
RUEHC/DEPT OF LABOR WASHINGTON DC
INFO RUCNSAD/SADC COLLECTIVE
RUEHMR/AMEMBASSY MASERU 3857

UNCLAS SECTION 01 OF 02 MASERU 000614 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR AF/S, DRL/IL (TU DANG); 
DOL/ILAB FOR OCFT (TINA MCCARTER) 
 
E.O. 12958: N/A 
TAGS: ELAB EIND ETRD PHUM SOCI ECON LT
SUBJECT: LESOTHO: WORST FORMS OF CHILD LABOR UPDATE 
 
REF: STATE 149663 
 
MASERU 00000614  001.2 OF 002 
 
 
Per REFTEL, Embassy Maseru submits the following update on the 
worst forms of child labor in Lesotho. 
 
--------------------------------------------- - 
Lesotho: The Worst Forms of Child Labor Update 
--------------------------------------------- - 
 
¶1.  While limited in scope and confined to the informal sector, 
problems with child labor do exist in Lesotho.  Recent studies 
on child labor by regional NGOs, UNICEF, and the International 
Labor Organization conclude that the worst forms of child labor 
(WFCL) in Lesotho occur primarily in four areas: 1) child 
commercial sex; 2) herding; 3) informal street vending; and 4) 
domestic work.  Child labor does not appear to be present in 
Lesotho's industrial enterprises. 
 
Child Commercial Sex Work:  This form of child labor, illegal in 
Lesotho, is increasing in urban areas according to Lesotho's 
Ministry of Employment and Labor.  Although most girls who 
participate in commercial sex work claim to do so out of choice, 
circumstances such as severe poverty force children into this 
activity. 
 
Herd boys:  The rural herding of livestock is the most common 
and the most hazardous form of paid child labor.  It is 
categorized as WFCL as it prevents children from attending 
school and involves long hours, night work, and exposure to 
extreme weather conditions in isolated areas.  It also subjects 
children to dangerous armed cattle thieves. 
 
Street Venders:  Most children working as informal street 
venders do not attend school.  These children are faced with 
hazardous working conditions, exposure to inclement weather, and 
other health hazards.  Often, they are exploited into 
participation in illegal activities such as burglary and petty 
theft. 
 
Domestic Work:  Domestic work, though not always regarded as 
WFCL, involves long hours of labor in some cases reaching 
sixteen hours per day.  Many young girls employed as domestics 
face verbal, physical, and in some cases sexual abuse from their 
employers. 
 
--------------------------------------------- --- 
Laws and Regulations Proscribing WFCL in Lesotho 
--------------------------------------------- --- 
 
¶2.  In 2001, Lesotho ratified ILO Convention 182 on the 
Prohibition and Elimination of the Worst Forms of Child Labor 
and Convention 138 on Minimum Age of Employment.  Lesotho's 
Labor Code Order of 1992 and its subsequent amendments represent 
the principal law governing the terms and conditions of 
employment in Lesotho.  Sections 124-128 bar the employment of 
children and young persons.  Child labor is additionally 
regulated by the Children's Protection Act of 1980 which 
provides for the protection of children in need of care, such as 
abandoned children and orphans. The Sexual Offences Act of 2003, 
while not designed specifically for the protection of children, 
provides criminal penalties for those found guilty of sexual 
exploitation.  Lastly, the Deserted Wives and Children Order of 
1971 compels men who have abandoned their families to provide 
financial support to their former dependents. 
 
¶3.  The minimum age for employment in Lesotho is 15.  This is 
the age at which a child enrolled in primary school at age six 
will complete secondary school.  All new employees who claim to 
be 21-years-old or under are legally required to present proof 
of their age.  Employers of young persons are required to keep 
records indicating their employees' ages and the dates of the 
beginning of their employment.  The labor code prohibits the 
employment of children or young persons in commercial or 
industrial work at night.  Section 124 of Lesotho's labor code 
prohibits the employment of children in all commercial and 
industrial firms other than private firms in which up to five 
members of the family are also employed.  These provisions 
exclude work done by children over the age of thirteen in a 
school setting if the work has been approved by the Ministry of 
Education. 
 
¶4.  Lesotho's labor code prohibits children and young persons 
from employment in any line of work injurious to health or 
morals, dangerous, or otherwise "unsuitable."  With the 
exception of domestic workers, employed persons under the age of 
sixteen are required to return to their place of residence each 
working night.  Children and young persons are restricted from 
employment in mines and quarries, any employment which might 
lead to "physical, psychological, or sexual abuse," working 
underwater or at dangerous heights, working in confined spaces, 
 
MASERU 00000614  002.2 OF 002 
 
 
or working with dangerous machinery or equipment. 
 
¶5.  Any person who violates the minimum age provisions is liable 
for a fine of 300 Maluti (approximately $43), three months 
imprisonment, or both.  A person who is convicted of employing 
children or young persons in a hazardous environment is liable 
for a fine of 600 Maluti (approximately $86), six months 
imprisonment, or both.  The Ministry of Labor and Employment is 
responsible for investigating labor code violations, including 
the use of child labor.  Inspections are conducted quarterly on 
a randomly selected sample of enterprises.  However, Lesotho's 
labor code is limited in coverage, and it does not encompass the 
informal sector, subsistence agriculture, or the self-employed. 
According to the Commissioner of Labor, many children engaged in 
WFCL activities are in sectors which fall outside the 
jurisdiction of the labor code.  The Government of Lesotho is 
currently reviewing the labor code to facilitate inspections in 
private facilities and homes, especially livestock posts where 
children work away from their homes for extended periods. 
 
------------------------------ 
Social Programs on Child Labor 
------------------------------ 
 
¶6.  In Lesotho, the United States Department of Labor, the 
International Labor Organization, and the Government of Lesotho 
support two programs to combat child labor: "Towards the 
Elimination of the Worst Forms of Child Labor" (TECL) and 
"Reducing Child Labor through Education in Southern Africa" 
(RECLISA).  The TECL program, led by a committee chaired by 
Lesotho's Minister of Labor and Employment, aims to implement a 
national action plan for the elimination of child labor between 
2006 and 2008.  TECL, which works closely with the U.S. 
Department of Labor, recently completed its draft plan after 
consultations with children engaged in child labor and WFCL, 
among others.  RECLISA is a U.S. Department of Labor funded 
program focusing on direct assistance to herd boys through 
literacy and numeracy training.  In its three districts of 
operations, it currently educates 1,900 boys.  This program 
continues to face great challenges due to the significant 
attrition rate attributable to widespread poverty and 
unemployment. 
 
--------------- 
Basic Education 
--------------- 
 
¶7.  The Government of Lesotho now provides all seven years of 
primary school free of charge.  Enrollment in 2007 is 426,257 
students, comprising 211,478 female pupils and 214,779 male 
pupils.  The GOL stated its intention to standardize secondary 
school tuition at an affordable level.  Currently, the GOL 
provides books and other learning material at secondary level 
for students who cannot afford them. 
 
------------------------------ 
Successes, Issues, and Support 
------------------------------ 
 
¶8.  COMMENT:  Unlike many nations at a similar economic level, 
Lesotho has rooted child labor out of its industrial base, 
including its sizable textile and footwear factories.  It's 
remaining child labor issues result from certain cultural 
practices (i.e., herdboys) and severe poverty (i.e., sex workers 
and commercial street activities).  While the Government of 
Lesotho appears sincere about fighting child labor, its 
resources remain limited.  For this reason, the continuation of 
support programs, such as those of the U.S. Department of Labor, 
remains necessary.  END COMMENT. 
NOLAN