VZCZCXRO2974
RR RUEHBZ RUEHDU RUEHJO RUEHRN
DE RUEHMR #0031/01 0321302
ZNR UUUUU ZZH
R 011302Z FEB 10
FM AMEMBASSY MASERU
TO RUEHC/SECSTATE WASHDC 4570
RUEHC/DEPT OF LABOR WASHINGTON DC
INFO RUCNSAD/SADC COLLECTIVE
RUEHMR/AMEMBASSY MASERU 5006

UNCLAS SECTION 01 OF 04 MASERU 000031 
 
SIPDIS 
 
DOL/ILAB FOR LEYLA STROTKAMP, RACHEL RIGBY AND TINA MCCARTER 
STATE FOR DRL/ILCSR:SARAH MORGAN, G/TIP: LUIS C DEBACA 
 
E.O. 12958: N/A 
TAGS: ELAB EIND ETRD KTIP PHUM SOCI LT
SUBJECT: LESOTHO: CHILD LABOR AND FORCED LABOR REPORT 
 
REF: STATE   131997 
 
MASERU 00000031  001.2 OF 004 
 
 
------------- 
 
Summary 
 
------------- 
 
¶1.  Lesotho does not consider itself to have a problem with 
forced labor or exploitive child labor. The Ministry of Labour 
and Employment states that there is no child labor within the 
formal sectors. Forced labor or exploitive child labor is known 
to occur in the informal sector and does not occur in production 
of goods, but rather in provision of services such as commercial 
sex work, herding, domestic work and street vending.  The 
informal sectors, where worst forms of child labor are known to 
occur, are not covered by any of the current legislation, and 
therefore there are no police assigned to address it, no 
investigations conducted or pending, and no training activities 
on how to handle the issue. There is hope that some positive 
actions may occur as a result of Lesotho's National Action Plan 
on the Elimination of Child Labour. 
 
--------------------------------------------- -------------- 
--------------------- 
 
Forced labor/exploitive child labor in the production of goods 
 
--------------------------------------------- -------------- 
--------------------- 
 
 
 
¶2.  In Lesotho, child labor is limited and confined to the 
informal sector and does not occur in production of goods, but 
rather in provision of services such as commercial sex work, 
herding, domestic work and street vending. The preliminary 
report of the 2008 Integrated Labour Force Survey that was done 
by the Bureau of Statistics (BOS) Lesotho shows that only 3% of 
children aged 6-14 years were participating in economic 
activities. Two thirds of these children were engaged in 
subsistence farming, while the remaining one third was engaged 
in other economic activities, mainly in a private household. The 
report also shows that child labor is predominantly higher among 
male children (86.6%) than female children (13.4%). And this is 
true regardless of the type of economic activity considered. 
Other studies on child labor by UNICEF, the ILO, and the 
Ministry of Labor and Employment conclude that child labor in 
Lesotho occurs in four areas: child prostitution, herding, 
informal street vending, and as domestic workers. Child labor 
does not appear to be present in Lesotho's industrial 
enterprises. 
 
 
 
--------------------------------------------- -------------- 
--------------------- 
 
Prevalence and Sectoral Distribution of Exploitive Child Labor 
 
--------------------------------------------- -------------- 
--------------------- 
 
 
 
¶3.  Exploitive child labor occurs mainly in the informal sector 
which is not covered by the Labour Code. In the informal sector, 
exploitive child labor occurs in domestic service, street 
vending, child prostitution, herding, car wash as well as 
trolley pushing for shoppers in the supermarkets. 
 
 
 
¶4.  Child prostitution: According to the Ministry of Labour, 
this form of child labor is illegal in Lesotho because the age 
of consent to sex is 18 therefore child prostitution is 
considered rape, but increasing in urban areas. Most girls who 
participate in commercial sex claim to do so by choice. However, 
high levels of poverty and the expanding number of children 
orphaned by HIV/AIDS leave children few other options for 
survival, particularly when they have family members to support. 
 
 
 
¶5.  Herd boys: Herding in rural areas of Lesotho is the most 
common form of child labor. Herding is considered a rite of 
passage for young Basotho men in the rural areas. As a result, 
many are expected to start herding at a very tender age. Despite 
its cultural roots, herding is technically regarded as a form of 
child labor and, in some cases, a worst form of child labor 
 
MASERU 00000031  002.2 OF 004 
 
 
because it involves long hours of work and exposes children to 
extreme weather conditions in isolated areas. 
 
 
 
¶6.  Street vendors: Most children working as informal street 
vendors are exposed to inclement weather and other health 
hazards. Children work long hours without breaks, sometimes 
seven days a week. Some are pressured into participation in 
illegal activities such as burglary and petty theft. 
 
 
 
¶7.  Domestic work: Some young girls are employed as domestic 
workers, which involves long hours of labor, in some cases as 
many as sixteen hours a day. 
 
 
 
¶8.  Car wash and trolley pushing: Most children working as car 
washers and trolley pushers are self-employed young boys. These 
two forms of child labor are also induced by the high levels of 
poverty and the expanding number of children orphaned by 
HIV/AIDS. 
 
 
 
¶9.  Besides the 2008 Integrated Labour Force survey preliminary 
report, government did not collect or publish data on exploitive 
child labor during the period. 
 
 
 
---------------------------- 
 
Laws and Regulations 
 
---------------------------- 
 
 
 
¶10.  No new laws or regulations were enacted in regard to 
exploitive child labor over the past year. Lesotho ratified two 
ILO conventions in 2001. Convention 182: Concerning the 
prohibition and immediate action for the elimination of the 
worst forms of child labour; and Convention 138: Concerning 
minimum age for admission to employment. Lesotho's Labor Code 
Order of 1992 and its subsequent amendments are the principal 
laws 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. Finally, there is the Deserted Wives and Children 
Order of 1971, which compels men who have abandoned their 
families to provide financial support to their former dependents. 
 
 
 
¶11.  The minimum age for employment in Lesotho is 15. This is 
the age at which a child enrolled in primary at age six will 
have completed secondary school. All new employees who claim to 
be 21 years old or under are legally required to present proof 
of their age. The Labor Code prohibits the employment of 
children or young persons in commercial or industrial work at 
night. Section 124 of the 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. 
 
 
 
¶12.  The 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 working in 
mines and quarries; taking any employment which might lead to 
physical, psychological or sexual abuse; working underwater or 
at dangerous heights; working in confined spaces; or working 
with dangerous machinery or heavy equipment. 
 
 
 
MASERU 00000031  003.2 OF 004 
 
 
 
¶13.  Any person who violates the minimum age provisions can be 
fined 300 Maluti (approximately $40), sentenced to three months 
imprisonment, or both. A person who is convicted of employing 
children or young persons in a hazardous environment can be 
fined of 600 Maluti (approximately $80), sentenced to six months 
imprisonment, or both. The Ministry of Labour and Employment is 
responsible for investigating labor code violations including 
the use of child labor. Inspections are conducted every week on 
a randomly selected sample of enterprises. The nine districts 
are assigned three inspectors each, while the capital is 
assigned seven inspectors to carry out general inspections. 
However, the Labor Code is limited in coverage and it does not 
encompass the informal sector, subsistence agriculture, or the 
self employed. 
 
 
 
¶14.  According to the Commissioner of Labour, child labor does 
not exist in industrial undertakings; many children engaged in 
worst forms of child labor are in sectors which fall outside the 
jurisdiction of the labor code. 
 
 
 
¶15.  The country's legal and regulatory framework was adequate 
for addressing exploitive child labor in the formal sector. 
However, in the informal sector, which is not regulated, child 
labor is still common and this is mostly due to the economic 
situation of the country (poverty and HIV/AIDS orphanhood). 
 
 
 
--------------------------------------------- -------------- 
 
Institutions and Mechanisms for Enforcement 
 
--------------------------------------------- -------------- 
 
 
 
¶16.  The police, through the Child and Gender Protection Unit 
(CGPU) and the Ministry of Labour and Employment (MOLE) 
Inspectorate, are responsible for the enforcement of laws 
relating to hazardous child labor or forced child labor. 
However, there were no cases reported or investigated during the 
reporting period. The CGPU serves as a mechanism for making 
complaints about hazardous and forced child labor violations. 
The unit is responsible for child protection and investigating 
all cases involving children. 
 
 
 
¶17.  The CGPU and the MOLE Inspectorate are working on a 
memorandum on information sharing. There is a toll-free child 
helpline housed in the Lesotho branch of the non-governmental 
organization Save The Children. The helpline was launched in 
2008 and provides children with access to 24-hour counseling, 
support and protection services. Complaints about hazardous and 
forced child labor violations can be reported thorough that line 
and they will be referred to the CGPU and MOLE Inspectorate. 
 
 
 
¶18.  There are no inspectors employed specifically to address 
child labor issues, and there were no child labor specific 
inspections. When the inspectors carry out inspections, they 
inspect all cases that violate the country's Labour Code, 
including child labor. During the reporting period, no child 
labor violations were found during the inspections. 
 
 
 
--------------------------------------------- -------------- 
-------- 
 
Institutional Mechanisms for Effective Enforcement 
 
--------------------------------------------- -------------- 
-------- 
 
 
 
¶19.  Lesotho does not have agencies or personnel dedicated to 
enforcement of laws relating to child trafficking, commercial 
sexual exploitation of children (CSEC), or use of children in 
illicit activities, but the enforcement of these falls within 
the mandate of the CGPU since it is responsible for child 
protection and investigating offenses pertaining to children, 
 
MASERU 00000031  004.2 OF 004 
 
 
among others. During the reporting period there was no 
government funding specifically provided to agencies responsible 
for investigating child trafficking, CSEC, or use of children in 
illicit activities. 
 
 
 
¶20.  Cases of child trafficking, CSEC, or use of children in 
illicit activities violations can be reported through the child 
care helpline. According to CGPU there were no reported cases of 
child trafficking, CSEC, or use of children in illicit 
activities. Government did not offer any training for 
investigators or others responsible for enforcement of child 
trafficking/CSEC/use of children in illicit activities, but the 
United States government (USG) in partnership with Women in Law 
in Southern Africa sponsored training for various stakeholders 
within the country such as the police, the national security 
service, government ministries, NGOs, and academic researchers. 
The country did not experience armed conflict during the 
reporting period or in the recent past involving the use of 
child soldiers. 
 
 
 
--------------------------------------------- -------------- 
------------- 
 
Policies / Programs to Eliminate or Prevent Child Labor 
 
--------------------------------------------- -------------- 
------------- 
 
 
 
¶21.  Since child labor is not a big problem in Lesotho there are 
not specific programs or comprehensive policies that are 
designed specifically towards the elimination of child labor. In 
addition, the country's Poverty Reduction Strategy does not 
address child labor as a specific issue. However, Lesotho 
completed its national Action Plan on the Elimination of Child 
Labour (APEC) in 2008. This plan was conceived under the 
auspices of the ILO/US DOL program entitled "Towards the 
Elimination of Child Labor in Southern Africa" (TECL). The plan 
outlines activities intended to address the four forms of child 
labor (mentioned above), that are prevalent in Lesotho. 
 
 
 
¶22.  Government did not participate in any commissions or task 
forces regarding exploitive child labor and did not sign any 
bilateral, regional or international agreement to combat 
trafficking during the reporting period. 
 
 
 
------------------------- 
 
Continual Progress 
 
------------------------- 
 
 
 
¶23.  Overall, Lesotho has made progress in raising awareness of 
the issue of child labor and ultimately the country has 
eradicated child labor in industrial establishments, including 
the textile factories. Remaining child labor issues result from 
cultural practices such as herding and severe poverty, which has 
led to increased numbers of sex workers and informal commercial 
street activities. While the Government appears to be committed 
to addressing the remaining child labor issues through the APEC, 
its resources remain limited, making implementation of the APEC 
as part of the second phase of the TECL program, more of a 
challenge. Also government did not make progress in regard to 
implementation of APEC. APEC was completed in 2008, but it has 
not been approved by Cabinet, therefore it cannot yet be 
implemented. 
NOLAN