Internationalisation of Labour Law : the Lesotho experience

• Pages: 1-24
• Author: Kananelo E. Mosito
• Date: 01 October 2020
• DOI: 10.25159/2522-6800/6953
• Published date: 01 October 2020

Article

Southern African Public Law

https://doi.org/10.25159/2522-6800/6953

https://upjournals.co.za/index.php/SAPL

ISSN 2522-6800 (Online) 2219-6412 (Print)

Volume 35 | Number 1 | 2020 | #6953 | 24 pages

© Unisa Press 2020

Internationalisation of Labour Law: The Lesotho

Experience

Kananelo E Mosito

Associate Professor of Law

Pro-Vice-Chancellor

National University of Lesotho

kananeloemosito@gmail.com

Abstract

This article considers Lesotho’s labour laws in the light of the country’s

obligations under international labour standards. It assesses the extent to which

the international labour standards have had an impact on the development of

labour law in Lesotho. It argues that Lesotho’s various Acts perpetuate the

country’s non-compliance with International Labour Organization standards as

significant aspects of the Acts still undermine workers’ rights. It contends that

Lesotho still has a long way to go towards fulfilling the expectations of the

International Labour Organization. After noting the various labour-law concepts

in the international labour standards which have had an impact on Lesotho law

and reviewing the sources of Lesotho’s obligations to respect the various

workers’ rights, the article focuses on the workers’ rights to join trade union

organisations, the promotion of free and voluntary collective bargaining and the

right to strike. The article concludes that reforms are needed to internationalise

Lesotho’s labour law further, in line with International Labour Organization

requirements, so that workers’ rights are protected.

Keywords: Constitution; internationalisation; International Labour Standards;

conventions; labour code; recommendations; labour law

Mosito

2

Introduction

At independence, Lesotho acceded to the International Labour Organization (ILO)

Constitution and the various international instruments on labour to which Britain was

party.

1

In this way, internationalisation became an inherent element of Lesotho’s labour

law from its foundational stages.

2

The ILO is the foundation for the International Labour

Standards in the form of its Conventions and Recommendations.

3

The ILO’s sources of

international labour law can be found in its Constitution and in its numerous

Conventions and Recommendations. The purpose of this article

4

is to assess the extent

to which the International Labour Standards have an impact on the development of

Lesotho’s labour law. This will be undertaken in five main ways. First, the main

problems that confront Lesotho’s internationalisation of its labour law is investigated.

Second, international labour law is conceptualised briefly. Third, the extent of the

collaboration between the ILO and the Kingdom of Lesotho is considered. Fourth, the

article reflects on the judicial application of the principles used in the interpretation and

administration of the Labour Code

5

and their effect on the implementation of the

International Labour Standards in Lesotho. Finally, the article, by way of conclusion,

highlights some of the salient issues resulting from the discussion.

Problematisation

Lesotho has ratified 23 International Labour Conventions, of which 22 are in force in

the country, including all eight fundamental core conventions.

6

They include those that

cover the four fundamental principles and rights at work.

7

This notwithstanding, no

assessment has to date been undertaken of the extent to which the International Labour

1

The Kingdom of Lesotho obtained independence from Britain on 4 October 1966.

2

See also s 4(c) of the Labour Code Order 24 of 1992.

3

Moses Daemane, ‘The Critical Exposure of Lesotho’s Labour Law Effectiveness: Industrial Relations’

Calamity of Textile Industry Workers in Lesotho’ (2014) 5(2) Journal of Social and Development

Sciences 58–72, 65.

4

This article was adapted from a conference paper presented at the Labour Relations Law in South

Africa: Twenty Years of Lawmaking and Adjudication Conference held at the University of South

Africa, Pretoria, on 17–18 August 2016.

5

Labour Code Order 24 of 1992. The Labour Code Order is an Act of Parliament made during the

military rule in Lesotho. Since the Military Council was not an elected but a legislative body, all the

laws made in the exercise of its legislative powers are styled ‘Orders’. They are of the same legal force

and effect as Acts of Parliament.

6

Ministry of Labour and Employment, Workers’ and Employers’ Organizations, Lesotho and the

International Labour Organization Lesotho Decent Work Country Programme, Phase II 2012 to 2017

(launched on 29 February 2012) 15

<http://www.ilo.org/public/english/bureau/program/dwcp/download/lesotho.pdf> accessed 25 July

2016.

7

Freedom of association and the right to collective bargaining (C87 and C98); elimination of all forms

of forced labour (C29 and C105); abolition of child labour (C138 and C182); elimination of

discrimination in respect of employment and occupation (C100 and c111).