I. Overview

Between 5 and 15 percent of the workforce in several of Lesotho's garment factories that export to the United States are children aged 12 to 15. It has also been reported that children contribute, through home-based production, to the manufacturing of shoes for export and work in canning plants for asparagus grown in South Africa.¹

II. Child Labor in Export Industries

Lesotho's manufacturing sector, including textiles, garments, milling, canning, leather, jute and handicrafts has expanded rapidly in recent years.² As this sector has expanded, drought, urbanization, unemployment, and a weak educational system have, in recent years, caused many children to seek employment in these expanding industries. Child labor has been found in the garment and shoe industries and there are unsubstantiated reports of children working in asparagus canning plants.³

Garments

Since 1989, exports of Lesotho-made apparel and clothing accessories have risen significantly. In 1992 articles of apparel and clothing accessories accounted for over 90 percent of the $53 million of goods imported by United States from Lesotho.⁴ Approximately 14,000 workers are employed in the Lesotho's garment industry.⁵

A U.S. Department of Labor official visiting Lesotho confirmed reports that children work in Lesotho's export-oriented garment industry. Children under the age of 14 work in at least ten different foreign owned factories that assemble garments from imported material and export to the United States. Each factory employs between 500 to 1500 workers and approximately five to fifteen percent of the primarily female work force in these garment factories are below the legal age of 16, including many aged 12 to 14.⁶

The children in the garment factories work under the same conditions as adults. They cut, sew, iron, pack, and load the garments. A Department of Labor official observed that the largest number of children were engaged in sewing. Children, as well as adults, are paid the minimum wage, or a slightly higher rate, with a monthly salary of 265R-300R (approximately $75 per month). As punishment for talking during working hours, some of these factories will deduct from a worker's pay. The workers are entitled to 12 days of paid leave per year. Some factories reportedly make children work late and sleep in the factories. Allegedly, they are fed only bread and a cup of tea.⁷ Normal work hours are 7 a.m. to 4 p.m. with an hour break for lunch. A Department of Labor official found during a visit to one factory that the building's doors are locked during work hours.

Shoe Industry

The shoe industry in Lesotho utilizes home-based production. Workers bring materials home so that the entire family can contribute to the manufacturing process. Children as young as six manufacture shoe parts for up to eight hours per day.⁸ In one German owned shoe factory, "uppers" of moccasins made by home-based subcontractors are attached to the soles in the factory.⁹ There is no evidence, however, that shoes made in this manner are exported to the United States.

III. Laws of Lesotho

A. National Child Labor Laws

The Employment Amendment Act of 1977 establishes 15 as the minimum age for work in mining, industry, and commercial undertakings under.¹⁰ Exceptions include a minimum age of 12 for family-based enterprises, self-employment, domestic service and work in technical schools.¹¹ In addition, children under the age of 16 may not work for more than four consecutive hours without a break or for more than eight hours per day.¹² The minimum age for dangerous work is established as 16.¹³

Thirteen labor officers in 10 districts are responsible for enforcing Lesotho's labor laws. Four operate in Maseru. Labor officers do not specifically monitor the age of workers and allegedly they are under pressure from other government agencies to limit their inspections of textile factories. With a total budget of less than $600,000, the Ministry of Labor lacks the funds required to train and operate an effective labor inspectorate.¹⁴

B. Education Laws

Under law, education in Lesotho is compulsory until the age of 13.¹⁵ However, the law is not enforced. Given the low level of income, fees for school, uniforms, books, and, for some, transportation, are a heavy burden and a significant disincentive for many children to complete primary school.

C. International Conventions

Lesotho has ratified ILO Convention No. 5 Concerning the Minimum Age for Admission to Employment in Industry, but not ILO Convention No. 138 Concerning the Minimum Age for Admission to Employment.¹⁶ The Government of Lesotho is party to the United Nations Convention on the Rights of the Child.¹⁷

The ILO Committee of Experts on the Application of Conventions and Recommendations states in its 1994 report that:

The Committee notes from the Government [of Lesotho's] report that the Inspectorate Division of the Labor Department is reluctant to implement the existing provisions of the law relating to minimum age. According to the report, barring persons under the minimum age from employment would deprive them, and often their families, of a livelihood.¹⁸

IV. Programs and Efforts To Address Child Labor

The Government of Lesotho has done very little to address the problem of child labor. The Lesotho Amalgamated Clothing and Textile Workers Union appears to be the only organization that has investigated the existence and conditions of child labor in the garment industry. There is a clear need for governmental and non-governmental efforts to address child labor in Lesotho.

¹ Interview with Sarah Christie, University of Cape Town, South Africa, by U.S. Department of Labor official (June 9, 1994) [hereinafter Interview with Christie].

² The World Fact Book 1993 (U.S. Central Intelligence Agency, 1994) 224.

³ Interview with Christie.

⁴ U.S. Merchandise Trade: Exports and General Imports by Country (Washington, D.C.: U.S. Department of Commerce, 1993) A-251.

⁵ Interview with Karl Hofman, Chargé d'Affairs of American Embassy-Maseru, by Department of Labor official (June 8, 1994).

⁶ Interview with Hofnie Lebone, Lesotho Amalgamated Clothing and Textile Workers Union, by U.S. Department of Labor official (June 7, 1994). Note: A U.S. Department of Labor official observed child labor in two Taiwanese owned factories.

⁷ Id.

⁸ Id.

⁹ Id.

¹⁰ The Situation of Women and Children in Lesotho 1991 (Lesotho Ministry of Planning, Economic and Manpower Development and UNICEF, March 1991) 127.

¹¹ Conditions of Work Digest, Volume 10 (Geneva: International Labor Organization, 1991) 31, 131 [hereinafter Conditions of Work Digest].

¹² Interview with Mr. Letobane, Deputy Labor Commissioner, by U.S. Department of Labor official (June 8, 1994) [hereinafter Interview with Deputy Labor Commissioner].

¹³ Conditions of Work Digest at 131.

¹⁴ Interview with Deputy Labor Commissioner.

¹⁵ Conditions of Work Digest at 31.

¹⁶ List of Ratifications by Convention and Country (as at 31 December 1992) (Geneva: International Labor Organization, 1993).

¹⁷ Country Reports on Human Rights Practices for 1993 (U.S. Department of State, February, 1994) 1403.

¹⁸ Report of the Committee of Experts on the Application of Conventions and Recommendation, Report III (Part 4a) (Geneva: International Labor Organization, 1994) 61-62.