Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
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LRI 2024
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Lesotho

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Lesotho’s overall score is 52.5 out of 100. The overall score for Lesotho is lower than the regional average observed across Sub-Saharan Africa (66). Within the Sub-Saharan Africa region, the highest score is observed for Côte d’Ivoire (84.5).

Lesotho ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1966 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1966.

Labour Rights Index 2024

52.5/100

LRI Country Score

25/100

Freedom of Association Indicator

4.75 %

Trade union density rate (%)

. %

Collective bargaining coverage rate (%)

2.21

SDG indicator 8.8.2

4

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

No

0

§16 & 31, Constitution of Lesotho 1998; §171-172 Labour Code, 1992; CEACR, C87, Obs 2021; ITUC Global Rights Index 2024 (Lesotho Profile); USDOS CRHRP 2023 (Lesotho)

B,C,D

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§42, 171-173 & 198A, 198B, Labour Code 1992; CEACR, C98, Obs. 2021

A,B

Does the law provide for the right to strike?

No

0

§15, Constitution 1998; §225- 227, 228B, 228C, 229 and 230-234 Labour Code, 1992; CEACR, C87, DR 2021; USDOS CRHRP 2023 (Lesotho)

A,B,D

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§66 of the Labour Code, 1992 ; USDOS CRHRP 2023 (Lesotho)

A,D

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §16 & 31, Constitution of Lesotho 1998; §171-172 Labour Code, 1992; CEACR, C87, Obs 2021; ITUC Global Rights Index 2024 (Lesotho Profile); USDOS CRHRP 2023 (Lesotho)

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"In its previous observations, the Committee had noted that section 198F of the Labour Code grants specific advantages (access to premises to meet representatives of the employer, to recruit members, to hold a meeting of members and to perform any trade union functions in terms of a collective agreement) to trade unions representing more than 35 per cent of employees, and that section 198G(1) of the Labour Code provides that only members of registered trade unions representing more than 35 per cent of the employees in enterprises employing 10 or more employees were entitled to elect workplace union representatives. The Committee requested the Government to take measures, including in the context of the ongoing labour law reform, to ensure that the distinction between most representative and minority unions does not result, in law or in practice, in granting privileges that would unduly influence workers’ free choice of organization. "

C : ITUC

ITUC Global Rights Index (country legal profile)

"Currently, public employees, including university professors, are prohibited from forming or joining trade unions, even though the Lesotho Constitution guarantees freedom of association. They can only form or join "associations" with consultative status. The government has promised that the new Public Service Act will guarantee freedom of association for public servants, allowing them to form associations for collective bargaining. "

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The constitution protected freedom of association. By law workers in the private sector had the right to join and form trade unions of their choosing without prior authorization or excessive bureaucratic requirements. The law prohibited civil servants and police from joining or forming unions but provided for them to form staff associations for collective bargaining and promoting ethical conduct of their members. The law allowed teachers to form and join unions. All trade unions were required to register with the Office of the Registrar of Trade Unions. Registration required that more than 35 percent of workers in an enterprise of 10 persons or more be unionized. "

Information

Source: §42, 171-173 & 198A, 198B, Labour Code 1992; CEACR, C98, Obs. 2021

A : National Law

National Labour Legislation

"198A Duty to bargain in good faith (I) For the purposes of this section - (a) "a recognised trade union" means a registered trade union that has been recognised by an employer or employers' organisation as a collective bargaining partner; (b) "a representative trade union" means a registered trade union that represents the majority of the employees in the employ of an employer; (c) "a majority of employees in the employ of an employer" means over 50% of those employees. (2) An employer shall bargain collectively in good faith with a representative trade union. (3) In any collective bargaining relationship - (a) a recognised trade union shall bargain in good faith with any employer or employers' organisation; (b) an employer or employers' organisation shall bargain in good faith with the recognised trade union. (4) A breach of the provisions of this section shall be an unfair labour practice. "

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Article 4 of the Convention. Promotion of collective bargaining. Recognition of the most representative union. In its previous comments, the Committee noted that section 198A(1)(b) of the Labour Code defined a representative trade union as a “registered trade union that represents the majority of the employees in the employ of an employer”, and that section 198A(1)(c) specified that “a majority of employees in the employ of an employer means over 50 per cent of those employees”. It requested the Government to take the necessary measures in the context of the labour law reform to ensure that if no union reached the required majority to be designated as the collective bargaining agent, minority unions would be given the possibility to bargain collectively, jointly or separately, at least on behalf of their own members. The Committee notes that the Government indicates that in the labour law reform, all recognised unions are given bargaining rights and therefore minority unions should also enjoy the right to bargain collectively. While taking due note of these elements, the Committee requests the Government to provide information on the specific measures taken within the framework of the labour law reform to ensure that the rules determining the access of trade unions to collective bargaining comply with the Convention, and to provide copies of any laws or regulations adopted in this regard."

Information

Source: §15, Constitution 1998; §225- 227, 228B, 228C, 229 and 230-234 Labour Code, 1992; CEACR, C87, DR 2021; USDOS CRHRP 2023 (Lesotho)

A : National Law

National Labour Legislation

"232. Threat to essential services (1) For the purpose of this section of the Code the term "essential service" is confined to undertakings that provide a service whose interruption would endanger the life, personal safety or health of all or any part of the population of Lesotho. (2) Where in the opinion of the Minister the existence of action in pursuance of a trade dispute threatens the continuance of any essential service he or she may call upon the Commissioner of Labour to investigate and to report upon the facts of such dispute within ten days. (3) The report of the Labour Commissioner shall be made public within one week of its submission to the Minister. (4) If the dispute has not been settled within one week of the report of the Labour Commissioner being made public, the Minister shall immediately apply to the Labour Court for a ruling on the dispute. The Court shall issue its ruling within 30 days of the filing of the application by the Minister. Its award, which shall be made public, shall be final and binding upon the parties. Where appropriate to individual terms and conditions of employment, the award shall be deemed to be incorporated in the contracts of employment of the employees to whom it applies. (5) Any action in pursuance of a trade dispute that threatens the continuance of essential services and persists after the dispute has been referred by the Minister to the Labour Commissioner or the Labour Court shall be unlawful. This shall not apply if the Commissioner of Labour or the Labour Court has failed to act within the time-limits specified."

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Article 3 of the Convention. Public Service Act. Restrictions on the exercise of the right to strike and compensatory guarantees. In its previous comments, the Committee requested the Government to take measures to amend section 19 of the Public Service Act to ensure that public servants other than those exercising authority in the name of the State were able to exercise the right to strike and that adequate compensatory guarantees existed for workers who were deprived of the right to strike. It further requested the Government to provide information on measures taken in that respect, including any awareness-raising activities carried out on the issue. The Committee notes that the Government reports that numerous meetings in the fiscal year 2018-19 have taken place between the Ministry of Labour and Employment and the Ministry of Public Service to assist the latter in appreciating its role as an employer as opposed to being the regulator or an executive arm of the Government. The Committee further notes that the Government indicates that it will provide a copy of the Public Service Act as soon as the law has been amended. The Committee expects that section 19 of the Public Service Act will be modified shortly to ensure that the prohibition of the right to strike in the public service is limited to public servants exercising authority in the name of the State and that adequate compensatory guarantees are provided to workers who are deprived of the right to strike. The Committee requests the Government to inform on any developments in this respect."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law significantly limited the right to strike. In the private sector, the law required workers and employers to follow a series of procedures designed to resolve disputes before the Directorate of Dispute Prevention and Resolution (DDPR), an independent government body, authorized a strike. If mandatory negotiations between employer and employees reached a deadlock, the law provided for a union to file for permission to strike with the DDPR. The employer and employees were required to agree on the strike rules and its duration. Employers could also invoke a lockout clause and had to inform the DDPR of their intention to invoke the clause based on employer-employee agreement. The law did not permit civil servants, military, and essential workers to strike. Only a registered union with a 51 percent majority of staff as determined by the union could call a strike on a “dispute of interest” (a demand that went beyond terms and conditions established by law or an existing contract). Unions reported strict law requirements for allowing workers to strike normally led to workers engaging in unlawful strikes that sometimes resulted in their members being injured or killed by police. "

Information

Source: §66 of the Labour Code, 1992 ; USDOS CRHRP 2023 (Lesotho)

A : National Law

National Labour Legislation

"Art 66 : The following shall not constitute valid reasons for termination of employment (a) trade union membership or participation in trade union activities outside working hours or, with the consent of the employer, within working hours;"

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law prohibited antiunion discrimination and other employer interference in union functions. The law provided for reinstatement of workers dismissed for union activity. The government did not protect freedom of association, collective bargaining, and the right to strike for public-service employees and suspended or dismissed union leaders."