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 Periodical article |
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| Title: | Freedom of association, trade union rights and application of ILO conventions |
| Author: | Lethobane, L.A. |
| Year: | 1997 |
| Periodical: | Lesotho Law Journal: A Journal of Law and Development |
| Volume: | 10 |
| Issue: | 1 |
| Pages: | 95-106 |
| Language: | English |
| Geographic term: | Lesotho |
| Subjects: | trade unions legislation freedom of association |
| Abstract: | The Trade Unions and Trade Disputes Law No. 11 of 1964 has governed the formation and registration of trade unions for much of postcolonial Lesotho. Upon independence in 1966, Lesotho ratified eleven ILO conventions, three of which concerned freedom of association. Lesotho gave effect to all eleven conventions through the enactment of the Labour Code Order No. 24 of 1992. Moreover, the provisions of this code incorporate the provisions of several conventions otherwise not formally ratified by Lesotho. Although the right to freedom of assembly is protected by section 15 of the Constitution, there are several restrictions on the right to freedom of association. Public officers are not free to form trade unions of their choosing (Public Service Act 1995) and there is no legal protection against dismissal for employees who are on a lawful strike. On the whole Lesotho has maintained a clean record on the question of respect and observance of trade union rights. There have been several complaints to the ILO Freedom of Association Committee but they have often been found to be without substance. The author submits in conclusion that while the constitutional provisions permitting the imposition of restrictions on freedom of association should be revised, the freedom of association in relation to the right to strike should remain a qualified right and subject to judicial interpretation of the legitimacy or otherwise of the strike. Note, ref. |