Freedom of association and social dialogue with informal economy workers in Lesotho – a study of unwaged street vendors

Abstract

The article looks into the question whether unwaged workers enjoy freedom of association, and are involved in social dialogue with the state to promote interests of workers. It establishes the connection between the concepts of freedom of association and social dialogue. The article revolves around unwaged street vendors of Lesotho. International standards of International Labour Organization, and statutes of Lesotho are examined. The examination reveals that the unwaged vendors do not enjoy freedom of association, nor are they involved in social dialogue. This is due to Lesotho’s Labour Code which caters for employees alone and excludes unemployed workers, hence rights of workers are not extended to them; again, there are inappropriate statutes and frameworks which lead to non recognition of legitimate associations of unwaged workers, and there are no structures that cater for social dialogue with this group of workers. The article recommends amendment of the Labour Code for it to extent right to freedom of association to all workers, including unwaged workers; removal of inappropriate frameworks which cloud recognition of workers unions, without recognition of associations, social dialogue becomes ineffective. The state must also establish structures which develop and promote social dialogue. Without recognition of these concepts, unwaged workers remain trapped in poverty.