Moving towards a formal economy : implementing recommendation 204 of the ILO in Lesotho

• Author: L. Matee
• DOI: 10.10520/EJC-ea18fa243
• Published date: 31 May 2017
• Date: 31 May 2017
• Record Number: lesotho_v25_n2_a5
• Pages: 153-177
• publishedBy: National University of Lesotho

MOVING TOWARDS A FORMAL ECO NOMY:

IMPLEMENTING R ECOMMENDATIO N 204 OF THE ILO IN

LESOTHO

Matee L.*

Abstract

At its 104th session in 2015, the Inter national Labour

Conference adopted the recommendation de aling with

the transition from the informal to for mal economy,

namely the Transition from the Informal to the Formal

Economy Recommendation (R 204). This

recommendation is of gre at importance to the work

environment and to the future of work as it concerns

half of the global labour force and more than n inety

percent of the small and medium enterprises’ workers

and establishmen ts worldw ide who are working and/or

operating in c onditions of informality. The objective of

this p aper is to enquire whether the present day

economy of Lesotho is rea dy for formalisation.

INTRODUCTION

The International Labour Organisation

1

wa s established in 1919 as

part of t he Treaty of Versaill es

2

which was adopted at the end of the

First World War.

3

The driving f orces behind the creation of the ILO

were security, humanitaria n, politi cal and economic co nsiderations.

The ILO Constitution of 1919 recognises that universal and l asting

*LL.B (N. U.L), LL.M (U. K.Z.N). Lectur er, Faculty of La w, NUL.

1

The Inter national Labo ur Organisation i s herein referr ed to as the IL O.

2

Article 23 of the Treaty of Versailles sig ned on the 28 th June 1919.

3

http://www.ilo.org/global/about-the-ilo/history/lang--en/index.htm

154 LL J Vol. 24 NO. 1

peace can only be achieved if based on social peace.

4

The

Constitution further recognises that the injustices prevalent in the

labour market amounts to a threat to a universal and lasting peace;

5

this was also r eaffirmed by the Philadelphia Declaration of 1944.

6

Therefore, since its establishment, t he ILO has been strivi ng to

improve the condition of work ers. It does this through a number of

ways, including setting and monitoring international labour

standards.

7

The international labour standards are embodied in international

conventions and recommendati ons adopted by the ILO, both of

which are major s ources of international labour law. Like other

international tr eaties, the ILO conventions are intended for

ratification by member states. By ratifying the conventions, member

states undertake t o discharge bi nding legal oblig ations contained in

the conventions.

8

On the other hand, unlike conventi ons, ILO

recommendations do not give rise to binding l egal oblig ations, they

are designed mainly for the pur poses of providing guide-lines for

national policies and action.

9

To date, the ILO has passed a number

of conventio ns and recommendati ons.

The ILO's Governing Body has identified eight conventions as

‘fundamental’. These conventions cov er subjects that ar e considered

as fundamental principles and rights at work, namely freedom of

association and the effective recognition of the right to collective

bargaining, the elimination of all forms of forced or compulsory

4

See the P reamble of the ILO Constituti on 1919.

5

Ibid.

6

H.M Sead y and P.S. Benja min ‘The Right to Strike an d Freedom of

Association : An Internatio nal Perspecti ve’ (1990) 11 I LJ 439.

7

Ibid.

8

J. Dugard SC Internatio nal Law: South A frican Perspective (2011) p.41 6.

9

Supra not e 5 at p440.