Lesotho 1

LESOTHO 2016 HUMAN RIGHTS REPORT
EXECUTIVE SUMMARY
Lesotho is a constitutional monarchy with a democratic parliamentary government.

Under the constitution, the king is head of state but does not actively participate in
political activities. The prime minister is head of government and has executive
authority. All major parties accepted the outcome of the February 2015 peaceful,
credible, and transparent elections, and the country established its second coalition
government. A Southern African Development Community (SADC) facilitation
mission negotiated the snap election following clashes in August 2014 that saw
then prime minister Thomas Thabane flee the country. The 2015 parliamentary
elections gave no political party a majority. Pakalitha Bethuel Mosisili, the leader
of the Democratic Congress (DC), which won 47 seats in the 120-member
parliament, formed a seven-party, 65-seat coalition government. Despite the close
election and tense environment, Thabane transferred power peacefully to Mosisili
and assumed leadership of the opposition. Thabane and two other opposition
leaders fled the country again in May 2015, citing concerns about their safety, and
had not returned by year’s end. An opposition boycott of parliament ended in
February.
The extent of civilian control over security forces was unclear at year’s end.
In May and June 2015, the Lesotho Defense Force (LDF) arrested more than 50
soldiers in connection with an alleged mutiny; 23 faced charges of mutiny or
failure to suppress mutiny, and there were credible reports detainees were tortured.
On June 25, 2015, LDF members shot and killed their former commander
Maaparankoe Mahao in what the LDF characterized as an effort to arrest him in
connection with the alleged mutiny. A SADC commission of inquiry was set up to
investigate Mahao’s killing and the circumstances that led to it. The commission
found that, at a minimum, the LDF used excessive force in its effort to arrest
Mahao, that detainees were tortured, that there was little evidence of mutiny, and
that it was “doubtful” that Mahao was involved in a mutiny. At year’s end
authorities had not tried the 23 soldiers; 15 remained in prison, while the other
eight were released on “open arrest,” a status similar to being released on bail. All
23 still faced charges of mutiny or failure to suppress mutiny (capital crimes). The
court martial convened to hear the charges against them was delayed several times.
Authorities did not arrest or charge anyone in Mahao’s killing, and there was no
investigation of the torture of the detainees. The only commission
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recommendation fully implemented by year’s end was the retirement of LDF

Commander Tlali Kamoli, which occurred on December 1.
Torture and cruel, inhuman, or degrading treatment and punishment by LDF

members, police torture, and societal abuse of women and children were the most
significant human rights problems in the country.
Other human rights problems included retaliatory killings related to the local
accordion music gangs; lengthy pretrial detention; long trial delays; restrictions on
media freedom, including detention of journalists, and threats of libel suits and
occasional violence against journalists; and official corruption. Societal abuses
included stigmatization of persons with disabilities, human trafficking,
discrimination against persons with HIV/AIDS, killing of elderly persons due to
allegations of witchcraft, and child labor.
The government did not take steps to prosecute officials who committed abuses,
whether in the security services or elsewhere in the government, although the army
reportedly surrendered two soldiers implicated in a murder without political
implications to police. Impunity remained a significant problem.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated

Killings
There were credible reports members of the LDF and the Lesotho Mounted Police
Service (LMPS) committed arbitrary or unlawful killings.
For example, on April 4, LDF members reportedly beat Mamoleboheng Besele

with a spade, stick, and whip at Ha Molomo military base located at Lebakeng in
Qacha’s Nek District. The local chief had referred a domestic dispute between
Mamoleboheng and her aunt to the LDF base for mediation. Mamoleboheng died
as she left the camp, shortly after the beating. According to Development for
Peace Education, a nongovernmental organization (NGO) that investigated the
allegations, a postmortem report indicated Mamoleboheng died of injuries to the
kidney and uterus. There were no arrests or prosecution in the case.
Following a June 2015 incident in which LDF members shot and killed former
LDF commander Maaparankoe Mahao, the SADC commission of inquiry
concluded in a report released in February that, “on a balance of probabilities,” the
Country Reports on Human Rights Practices for 2016

United States Department of State • Bureau of Democracy, Human Rights and Labor
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LDF used “excessive force” in attempting to arrest Mahao, and the evidence
showed Mahao did not resist arrest, that evidence was handled improperly, and that
the involvement of Mahao in a mutiny plot was doubtful. The LDF asserted he
was killed in a botched attempt to arrest him on mutiny charges. At year’s end
authorities had not arrested, charged, or otherwise held accountable anyone for
Mahao’s death.
The SADC commission of inquiry also found “that some suspects of the mutiny
were tortured with the view to have them confess to mutiny and implicate others.
It could therefore be concluded that the alleged mutiny might be a fabrication.”
b. Disappearance
There were unconfirmed reports of politically motivated disappearances.
For example, police constable Mokalekale Khetheng went missing following

police questioning in March. Officials had detained him twice on allegations that
he burned down the home of the officer in command of Mokhotlong Police
Station. Following his second detention, he disappeared. Police claimed they
questioned and released him. His family, however, in June filed a habeas corpus
application against the Hlotse police. At year’s end Khetheng remained missing
and the habeas corpus case continued in the High Court.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or

Punishment
Although the constitution and law expressly prohibit such practices, there were
reports of torture and cruel, inhuman, or degrading treatment or punishment by the
LDF and the LMPS. For example, on June 6, media reported soldiers guarding the
16 LDF detainees charged with mutiny who were in the maximum-security prison
at the time denied the detainees food and medication in retaliation for their
children’s planned Father’s Day march on June 19. The government denied any
knowledge of the incident.
According to a prominent human rights advocacy NGO, the Transformation

Resource Center (TRC), residents of Liqhobong in Butha-Buthe District organized
a protest near the Liqhobong mine in March over insufficient hiring from the local
community. Mine authorities called police to disperse them. On April 17, police
arrested four residents involved in the protest, beat them with sticks and rifle butts,
and detained them at Butha-Buthe police station for more than 48 hours. Police

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charged them with obstruction of normal mining operations and inciting public
violence. The magistrate set the charge aside and pledged to broker an amicable
solution between the mine and community.
Prison and Detention Center Conditions
Prison and jail conditions were poor due to lack of sanitation, heat, ventilation,
lighting, inadequate medical care, rape by other prisoners, and overcrowding.
Physical Conditions: The prisons and jails were overcrowded. In September 2015
the UN Office on Drugs and Crime regional monitoring and evaluation officer for
sub-Saharan Africa, Nthabeleng Moshoeshoe, urged the government to address the
issue of overcrowding in prisons, which she said contributed to the spread of
communicable diseases. During a commemoration of World Tuberculosis (TB)
Day on March 30, the Ministry of Health screened 802 inmates and discovered that
seven had TB and put them on treatment.
The army detained military prisoners in a maximum-security facility.
According to the Lesotho Correctional Service (LCS), 10 inmates died during the
year due to illness.
Leribe correctional facility officers disciplined four inmates involved in prisoner-

on-prisoner violence. The inmates lost some of their privileges.
Although prisons provided potable water, sanitation was poor, and facilities lacked
bedding. During the prime minister’s June 24 tour of Maseru Central Correctional
Institution, he expressed concern over inmates using worn blankets and challenged
the minister of justice and LCS to look into the matter, according to press accounts.
Proper ventilation and heating/cooling systems did not exist, and some facilities
lacked proper lighting. There were no reports of food shortages except for the
denial of food to the detainees charged with mutiny. According to the NGO, The
Crime Prevention, Rehabilitation, and Reintegration of Ex-prisoners Organization,
food quality improved slightly during the year. All prisons had a nurse and a
dispensary to attend to minor illnesses, but medical supplies were insufficient to
meet prisoners’ needs. Prisons lacked round-the-clock medical wards; as a result,
guards confined sick prisoners to their cells from 3 p.m. to 6 a.m.
The LCS did not provide special assistance to prisoners with disabilities, who
relied on voluntary assistance from other prisoners. As with many public buildings

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in the country, prison buildings lacked ramps, railings, and other measures
facilitating physical access for prisoners with disabilities. The LCS did not have
any personnel trained in sign language.
Administration: The manual recordkeeping system was outdated and inadequate,

according to the LCS. On July 1, the Lesotho Correctional Service Act of 2016
came into effect. The act replaces the Basutoland Prison Proclamation of 1957 and
regulates the organization’s administration and discipline practices.
The Office of the Ombudsman stated it had received no complaints from prisoners
during the year; however, prisoners were often unaware they could submit
complaints to this office. Additionally, any complaints must go through prison
authorities, and prisoners probably feared retaliation if they complained.
According to the LCS, prisoners and detainees have the right to submit complaints
to judicial authorities without censorship and to request investigation of credible
allegations of inhuman conditions. The LCS referred no complaints to the
magistrate court during the year and did not report receiving any complaints.
Prisoners generally had reasonable access to visitors. According to families of

those LDF soldiers detained on allegations of mutiny, however, visit schedules
were sometimes changed or limited arbitrarily.
Independent Monitoring: The Crime Prevention, Rehabilitation, and Reintegration

of Ex-prisoners Organization, and benevolent groups made up of principal chiefs,
church ministers, representatives of the business community, advocates of the
court, and other citizens, visited prisons to provide toiletries, food, and other items.
In June the Roman Catholic archbishop, accompanied by bishops, visited the

maximum-security prison. Also in June the TRC wrote a letter to the LDF
requesting access to the maximum-security prison. The LDF promised to look into
the matter but, as of October, had not approved access for the TRC.
The International Committee of the Red Cross periodically visits a group of third-
country nationals detained in the country but was not permitted to visit the LDF
detainees accused of mutiny. The Crime Prevention, Rehabilitation, and
Reintegration of Ex-Prisoners Organization was allowed to meet the LDF
detainees in July, but only with a military escort. Their report was not made
public.

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Improvements: The correctional service completed renovations of a cellblock,

kitchen, dining hall, and washing facilities at Leribe Prison. In addition, it
completed renovations of a cellblock, kitchen, dining hall, and storage area at
Thaba Tseka Prison.
d. Arbitrary Arrest or Detention
The constitution and law prohibit arbitrary arrest and detention, and the
government generally observed these prohibitions. In May 2015 the High Court
ruled the arrests of LDF soldiers detained in connection with the alleged mutiny
were legal, although it strongly criticized the tactics used in the arrests. The courts
further ruled the LDF failed to give the detainees a proper hearing on whether they
should be held in prison (“close arrest”) or allowed to go home pending trial
(“open arrest”) and therefore should be released pending trial. On April 29, the
Court of Appeal set aside the High Court’s earlier judgment that all detainees
should be released pending trial. Fifteen LDF detainees remained in custody. In a
subsequent ruling, the Court of Appeal ruled that the minister of defense has the
authority to submit charges and convene a court-martial if he believes the evidence
is compelling. The court did not, however, make a pronouncement on the
evidence.
Role of the Police and Security Apparatus
The security forces consist of the LDF, the LMPS, National Security Service
(NSS), and the LCS. The LMPS is responsible for internal security. The LDF
maintains external security and is authorized to assist police when the LMPS
commissioner requests aid. The NSS is an intelligence service that provides
information on possible threats to internal and external security. The LDF and
NSS report to the minister of defense, LMPS to the minister of police, and the LCS
to the minister of justice, human rights, and the correctional service.
Civilian authorities generally maintained effective control over the LMPS, NSS,
and LCS. In 2014, however, former LDF commander Tlali Kamoli defied the then
prime minister (who was also minister of defense) by continuing to function as de
facto LDF commander following his dismissal. In November 2014 Kamoli left the
country for a leave of absence as agreed to under the Maseru Security Accord,
brokered by SADC. In May 2015 the new coalition government reappointed
Kamoli as LDF commander even though he had never acknowledged his dismissal.
The SADC commission’s report, which concerned the events that led to the death
of former army commander Maaparankoe Mahao, concluded Kamoli’s dismissal

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had been legal and that his reappointment was legal “although the manner in which
it was done was flawed.”
There was a general public perception the LDF and LMPS did not hold their
officers accountable for abuses they committed, including killings, torture, and
corruption. For example, LDF members called before the SADC commission of
inquiry looking into the killing of Mahao refused to disclose the names of the
soldiers involved or any operational details. The commission’s report urged the
government to expedite investigations into Mahao’s death and other crimes
allegedly perpetrated by the LDF. There were no reports of impunity involving the
NSS or LCS.
The Police Complaints Authority (PCA) investigates allegations of police

misconduct and abuse. The PCA was ineffective because it lacked authority to
fulfill its mandate--it could investigate only cases referred to it by the police
commissioner or minister for police and could act on public complaints only with
their approval. The PCA also lacked authority to refer cases directly to the
Prosecutor’s Office. The PCA did not publish its findings or recommendations.
The Directorate on Corruption and Economic Offenses (DCEO) investigates and

prosecutes cases of corruption, including police corruption, referred to it by the
government or based on substantiated public complaints. DCEO officials
complained of insufficient staffing and resources to investigate all complaints
received. The DCEO operated only in the capital since it did not have offices in
the districts.
Of 74 cases reported to the DCEO from January through August, it referred 46 to

police or the Lesotho Revenue Authority and 28 were pending investigation.
Arrest Procedures and Treatment of Detainees
The law requires police, based on sufficient evidence, to obtain a warrant of arrest
from a magistrate prior to making an arrest on criminal grounds. Police arrested
suspects openly, informed them of their rights, and brought them before an
independent judiciary. Police must inform suspects of charges upon arrest and
present suspects in court within 48 hours, although at times they failed to adhere to
this requirement. The law provides the right to a determination of the legality of
the detention by a magistrate or judge. The law allows family members to visit
inmates.

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Police did not always notify families of their relative’s detention and are not
legally required to do so.
The law provides for bail, which authorities granted regularly and, in general,
fairly. Defendants have the right to legal counsel. Authorities generally allowed
detainees prompt access to a lawyer and provided lawyers for indigents in all civil
and criminal cases. Free legal counsel was usually available, from either the state
or an NGO. The Legal Aid Division under the Ministry of Justice and Correctional
Service offered free legal assistance, but a severe lack of resources hampered the
division’s effectiveness and resulted in a backlog. NGOs maintained a few legal
aid clinics. The law provides that authorities may not hold a suspect in custody for
more than 90 days before a trial except in exceptional circumstances.
There were no reports of suspects detained incommunicado, held under house

arrest, or reports of authorities ignoring court orders for their release this year.
Pretrial Detention: Pretrial detainees constituted 20 percent of the prison

population. The average length of pretrial detention was 60 days, after which
authorities usually released pretrial detainees on bail pending trial. Pretrial
detention could last for months, however, due to judicial staffing shortages and
unavailability of legal counsel.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court:

Detainees can challenge their arrest or detention in the courts. For example, three
detained LDF members filed a High Court application seeking release and
permanent immunity from prosecution. They argued they were tortured at Setibing
army base following their arrest and their continued detention was in contravention
of the SADC commission of inquiry recommendation that they should be granted
amnesty.
e. Denial of Fair Public Trial
The constitution and law provide for an independent judiciary, and the government
generally respected judicial independence.
Trial Procedures
The constitution and law provide for the right to a fair and public trial without
delay, and an independent judiciary generally enforced this right.

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Defendants enjoy the right to a presumption of innocence. In most cases officials

informed defendants promptly and in detail of the charges with free interpretation
as necessary. In some cases interpreters were not readily available, resulting in
postponement of charges.
In civil and criminal matters, a single judge normally hears cases. In

constitutional, commercial, and appeals cases, more than one judge is assigned.
Trials are open to the public. A backlog of cases in the court system delayed trials.
According to the LDF Act, a court-martial consists of the president of the court
martial and at least two other members. If the maximum punishment is death, as
for mutiny, the court-martial should include an additional four members. The
court-martial sits in open court and in the presence of the accused, unless the
accused is disruptive. A defendant may appeal a conviction by a court-martial to
the Appeal Court on any ground involving a question of law, fact, or both.
Defendants have the right to be present at their trials, to consult with an attorney of
their choice, to have an attorney provided by the state if indigent, and to have
adequate time to prepare their case, although resources were limited. Authorities
provide free interpretation as necessary during proceedings at the magistrate and
High Court levels, but not at other points in the criminal justice process. By law
interpretation is not mandatory at the court of appeal level. Defendants have the
right to access unclassified government-held evidence. The law provides that the
government may not use classified evidence against a defendant.
Defendants may confront and question witnesses against them and present
witnesses on their own behalf. The law allows defendants to present evidence on
their own behalf at the Magistrate Court, but the High Court requires legal
representation. Defendants may not be compelled to testify or confess guilt and
may appeal a judgment. The law extends the above rights to all citizens.
Political Prisoners and Detainees
There were no reports of political prisoners or detainees.
Civil Judicial Procedures and Remedies
There is an independent and impartial judiciary with jurisdiction over civil matters.
Individuals and organizations may freely access the court system to file lawsuits
seeking cessation of human rights violations and recovery of damages. There were

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no regional human rights bodies where individuals and organizations may appeal
adverse domestic decisions. In 2014, however, Senate Masupha launched a
complaint over inheritance of her father’s chieftainship at the African Commission
on Human and People’s Rights in Banjul, The Gambia (see section 6).
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or

Correspondence
The constitution and laws prohibit arbitrary interference with privacy, family,
home, and correspondence, and the government generally respected these
prohibitions. Although search warrants are required under normal circumstances,
the law provides police with the power to stop and search persons and vehicles as
well as enter homes and other places without a warrant if the situation is life
threatening or if there are other security concerns. The law states any police
officer of the rank of inspector or above may search individuals or homes without a
warrant.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The constitution and law provide for freedom of speech, but the constitution does
not explicitly mention freedom of the press. Media freedom deteriorated and was
marked by several incidents, including intimidation of journalists by state security
institutions, the shooting of an editor, and threats and legal action against the press.
Freedom of Speech and Expression: The law prohibits expressions of hatred or

contempt for any person because of the person’s race, ethnic affiliation, gender,
disability, or color. The government did not arrest or convict anyone under the
law. The NSS reportedly monitored political meetings.
Press and Media Freedoms: The law grants citizens the right to free expression,
including obtaining and imparting information freely, but only as long as it does
not interfere with “defense, public safety, public order, public morality, or public
health.”
The independent media were active and expressed a wide variety of views. Many
media enterprises, however, relied on government advertising for revenue, making
them vulnerable to government financial pressure. For example, in May a leaked
and widely distributed Ministry of Finance internal memorandum revealed that

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staff were “no longer allowed to place departmental advertisements in Lesotho

Times, Public Eye, and Informative newspapers until further notice.” The
newspapers contacted Minister of Finance Mamphono Khaketla, who claimed she
had no knowledge of the memorandum despite it being drafted by her principal
secretary and copying her. The ministry subsequently announced that the
memorandum applied only to the Ministry of Finance and was issued because of
limited government funding. Subsequently the three newspapers reported the
government did not purchase any advertising for vacancies or tenders, although
they received occasional government requests to purchase advertising to publicize
government events or achievements.
Violence and Harassment: On June 23, police questioned Lesotho Times reporter
Keiso Mohloboli and pressured her to reveal her sources following the publication
of her article stating the government had offered LDF Commander Tlali Kamoli 40
million maloti ($2.8 million) to vacate his position. Police released her five hours
later after she agreed to write a personal apology to Kamoli and the newspaper
agreed to retract the story. The next day police detained Mohloboli again for
questioning. The newspaper’s editor, Lloyd Mutungamiri, a Zimbabwean national,
accompanied her voluntarily. Police later released Mohloboli but kept the editor’s
passport for several days.
On July 9, Mutungamiri was shot in the face and arm by unknown gunmen while
in a car attempting to enter his residence. He survived and was hospitalized under
police guard for several days in Maseru before being transferred to a hospital in
South Africa. Minister of Communications Khotso Letsatsi condemned the action
and promised the government would work tirelessly to bring the perpetrators to
justice but also strongly criticized the media for the way they handle “sensitive
state information.” At year’s end authorities had not charged anyone.
On July 19, the publisher Basildon Peta’s case for defamation of Kamoli was
postponed after he failed to appear in court and his lawyer insisted that it was not
safe for him to return to Lesotho.
One week later, fearing for her safety, Lesotho Times reporter Mohloboli also left
the country.
Censorship or Content Restrictions: There were several instances of government

censorship. For example, on November 10, nongovernment radio stations
suddenly went off the air at the end of a live broadcast of a press conference where
a faction of the prime minister’s party (the DC) announced the party’s withdrawal

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from the government’s seven-party coalition. The Ministry of Communications

manages the one radio transmission tower and in the past reportedly had cut
broadcasts that might have been viewed as critical of the government. In this case
it told the private stations the three-hour interruption in service resulted from
technical issues related to a thunderstorm. The next morning, as parliament was
opening after the political upheaval of the previous day and a two-week break, all
radio stations that used the government transmission tower, including those that
were government run, were off the air for “routine maintenance” but started
broadcasting later in the morning after parliament had adjourned.
In August the president of the Democratic Congress Youth League (DCYL), the
youth wing of the prime minister’s party, went on government-owned Radio
Lesotho and claimed the minister of finance was corrupt and had sought kickbacks
for a large government tender. During the radio broadcast, Minister of
Communications Khotso Letsatsi reportedly called the station and ordered it to halt
the program. The station complied with no on-air explanation. Later a recording
was leaked of a private conversation between the DCYL president and Minister
Letsatsi, in which the minister explained the reason he had the show stopped was
to prevent internal party disagreements from being broadcast in public.
Libel/Slander Laws: In order to avoid slander and libel lawsuits, some journalists
practiced self-censorship. On June 27, the Lesotho Times’ Zimbabwean publisher,
Basildon Peta, was charged with unlawfully, intentionally, and seriously impairing
the dignity of another and maliciously defaming the army commander following
the publication of an anonymous satirical article suggesting that civilian authorities
reported to him.
Internet Freedom
The government did not restrict or disrupt access to the internet or censor online
content. In early November, however, the Lesotho Communications Authority
requested in writing that the country’s two mobile phone carriers and internet
providers provide information on whether a temporary restriction of access to
Facebook and Twitter usage was possible. The Media Institute of Southern Africa
in Lesotho and the Consumer Protection Agency expressed serious concern about
the possible implications of such a request.
There were no credible reports the government monitored private online

communications without appropriate legal authority. The internet was not widely
available and almost nonexistent in rural areas due to lack of communications

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infrastructure and high cost of access. According to the International

Telecommunication Union, approximately 16 percent of the population had access
to the internet in 2015.
Academic Freedom and Cultural Events
There were no government restrictions on academic freedom or cultural events.
In May unknown assailants reportedly attacked the home of National University of

Lesotho (NUL) professor Mafa Sejanamane, who had been a vocal critic of the
government. He heard gunshots followed by the sound of shattering windowpanes.
Sejanamane and his daughter, the only two persons in the house at the time, hid
until the morning. They later discovered six stones not usually found in the area,
one inside the house and the rest outside the broken windows. The assailants had
cut a security fence and entered through the opening. No one was hurt during the
attack.
b. Freedom of Peaceful Assembly and Association
The constitution and law provide for freedom of assembly and association, but the
law requires public meetings and procession organizers to obtain a permit seven
days in advance. The government generally respected these rights if a permit was
sought. Police prevented the September 5 and 6 NUL students’ demonstration
against the National Manpower Development Secretariat over unpaid allowances.
Police asserted that the students had not applied for a permit to demonstrate, while
students indicated they were only marching to Maseru to seek information on their
student grants. On September 7, police reportedly assaulted students in off-campus
residences. A police spokesperson denied the claim.
According to the Sunday Express newspaper, in a letter dated September 19, the
Maseru Urban District Police Commissioner, Senior Superintendent Motlatsi
Mapola refused to grant the students a permit for another march on September 27,
citing concerns the procession would not be peaceful and encouraging them to
schedule the protest for another date. The students appealed to Police Minister
Monyane Moleleki, who overturned the decision and granted them a permit to
march. On October 5, the commissioner of police and the Office of the Attorney
General challenged the police minister’s decision in court and lost. The march
went ahead on October 6.
c. Freedom of Religion

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See the Department of State’s International Religious Freedom Report at

www.state.gov/religiousfreedomreport/.
d. Freedom of Movement, Internally Displaced Persons, Protection of

Refugees, and Stateless Persons
The constitution and law provide for freedom of internal movement, foreign travel,
emigration, and repatriation, and the government generally respected these rights.
The government cooperated with the Office of the UN High Commissioner for
Refugees and other humanitarian organizations in providing protection and
assistance to refugees, asylum seekers, stateless persons, and other persons of
concern.
Protection of Refugees
Access to Asylum: The law provides for the granting of asylum or refugee status,
and the government has established a system for providing protection to refugees.
The system was active and accessible.
Section 3. Freedom to Participate in the Political Process
The constitution and law provide citizens the ability to choose their government in
free and fair periodic elections held by secret ballot and based on universal and
equal suffrage.
Elections and Political Participation
Recent Elections: During the February 2015 national election, no single political
party emerged the winner. The DC obtained 47 seats in the 120-seat National
Assembly. It formed a seven-party, 65-seat coalition with the Lesotho Congress
for Democracy (LCD), which had 12 seats; the Popular Front for Democracy,
which had two seats; and the Marematlou Freedom Party, Basotho Congress Party,
National Independent Party, and Lesotho People’s Congress, each of which had
one seat. The All Basotho Convention (ABC), which won 46 seats, and Basotho
National Party with seven seats were ousted from power. The newly formed
Reformed Congress of Lesotho, which broke away from the LCD shortly before
elections, won two seats.

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In March 2015 outgoing Prime Minister Motsoahae Thomas Thabane peacefully

handed power over to DC party leader Pakalitha Mosisili. Mosisili had conceded
power to Thabane following elections in 2012. Domestic and international
observers characterized the 2015 election as peaceful and conducted in a credible,
transparent, and professional manner. The election was called two years and three
months early after clashes between police and LDF in 2014 led Thabane to flee the
country. A SADC facilitation mission negotiated the snap election.
ABC leader Thabane, who was also the leader of the opposition, and the leaders of
two other opposition parties fled the country in May 2015, citing security concerns.
SADC encouraged Thabane and the other two leaders to return to Lesotho in part
to facilitate constitutional and security sector reforms. Despite attempts by the
prime minister to assuage Thabane’s security concerns, none of the leaders had
returned by year’s end. Two ABC members of parliament had also fled the
country, citing security concerns.
Participation of Women and Minorities: No laws prevent women or minorities

from voting, serving as electoral monitors or otherwise participating in political
life on the same basis as men or ethnic Basotho citizens. The law provides for the
allocation of one-third of the seats in the municipal, urban, and community
councils to women. The law also states a political party registered with the
Independent Electoral Commission must facilitate the full participation of women,
youth, and persons with disabilities. Party lists for the 40 proportional
representation seats in the National Assembly must include equal numbers of
women and men.
Women held several prominent positions in government. The speaker of the

National Assembly was a woman, as was the chief justice, governor of the Central
Bank of Lesotho, and the chief executive of the Lesotho Highlands Development
Authority. Two women held the rank of colonel in the LDF.
More than 98 percent of the population is ethnic Basotho. There were no members
of minority groups in the National Assembly, Senate, or cabinet.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for corruption by officials. The government
did not implement the law effectively, however, and some officials reportedly
engaged in corrupt practices with impunity.

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Corruption: In July the DCYL accused then finance minister Mamphono Khaketla
of corruption for awarding Bidvest, a South African company, a no-bid,
multimillion dollar contract to manage the government’s vehicle fleet for four
years. The contract was initially bid as an open tender, and a local consortium
claimed to have internal government documents identifying it as the preferred
bidder. The consortium further claimed that Thabo Napo, a businessman believed
to have a close personal relationship with the finance minister, had solicited from
them a four million maloti ($286,000) bribe for the consortium to obtain the
contract. The consortium said it declined to pay, the tender was canceled, and the
contract awarded in a noncompetitive process to Bidvest.
On August 8, police reportedly questioned one of the consortium’s directors,

Letsatsi Mabona, on how he obtained the internal government tender evaluation
report and then released him. On August 10, three members of the DCYL
Executive Committee and six members of the consortium fled the country,
claiming to have heard rumors that police were going to “torture them to death.”
Police denied the claims. They returned on August 22, and the consortium filed a
commercial court case on August 28 challenging the award of the contract to
Bidvest. Khaketla sued for defamation and held a press conference on September
14 denying the allegation of corruption.
Financial Disclosure: The law requires appointed and elected officials to disclose
income and assets and prohibits false or misleading declarations. The declaration
regime identifies which assets, liabilities, and other interests public officials must
declare. Officials must file their declarations annually by April 30. The law
provides for disciplinary measures and criminal penalties for failure to comply.
The law does not require public declarations or that officials file declarations upon
leaving office. The law mandates that the DCEO monitor and verify disclosures.
The DCEO claimed it could not effectively implement the law because it lacked
adequate resources.
During the year staff at some ministries declared their assets and potential conflicts
of interest, but others did not. No ministers declared assets or conflicts of interest.
Authorities did not question any declaration’s veracity or impose sanctions.
Public Access to Information: The law does not provide for public access to
government information. Some ministries made information available to the
public but not according to any stated policy or procedure. The government put
few of its publications online.

LESOTHO 17
Section 5. Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations of Human Rights
A number of domestic and international human rights groups generally operated

without government restriction, investigating and publishing their findings on
human rights cases. According to some local NGOs, government officials were
not cooperative and responsive to their views and accused NGOs of not being
impartial. The government has never permitted the International Committee of the
Red Cross to visit the LDF detainees.
The United Nations or Other International Bodies: Following former LDF

commander Mahao’s June 2015 killing, the government sought SADC support for
an investigation. The result was the appointment of a nine-member SADC
commission of inquiry to investigate the killing, alleged mutiny, and divisions
within the LDF. Beginning in August 2015, the commission heard testimony from
many high-ranking current and former government officials. The LDF, however,
declined to provide the names of soldiers involved in the operation that led to
Mahao’s death or any operational details or answer questions about the alleged
mutiny, arguing that would conflict with the court-martial. Commissioners
expressed public frustration concerning LDF’s refusal to cooperate. The prime
minister initially declined to accept the commission’s report during the January 18
SADC Double Troika Summit, citing a pending case filed by LDF Lieutenant
Colonel Tefo Hashatsi. Hashatsi challenged the legitimacy of the commission and
argued that it did not have a mandate to hear evidence in South Africa because it
had been established under Lesotho law. Prime Minister Mosisili ultimately
accepted the report and presented an expunged version to the parliament on
February 8. On December 1, the government implemented the first of the
commission’s recommendations by retiring Lieutenant General Tlali Kamoli. On
December 12, the government hosted a meeting with members of 16 political
parties and a number of NGOs, but opposition parties walked out after stating the
process could not go forward while their leaders remained in exile and claiming
that the government was attempting to dictate the terms of reform rather than
facilitate an inclusive process.
Government Human Rights Bodies: The independent Office of the Ombudsman

appeared to function without government or political interference. The office was
partially effective but constrained by a low level of public awareness and use of its
services because its operations were limited to Maseru and it had insufficient
staffing, financing, and equipment. The ombudsman intervened in response to
requests involving nonpayment of death benefits by the Public Service Pension

LESOTHO 18
Fund to beneficiaries. In November 2015 the minister of law and constitutional

affairs introduced a bill in parliament establishing a human rights commission and
on June 3, the king enacted the bill into law. Two NGOs, Development for Peace
Education and the TRC, however, filed a constitutional court case on August 8
urging the court to declare the bill invalid on procedural grounds. They were
specifically concerned the bill gave the prime minister too much power in
appointing commission members. The government had not established the
commission by year’s end.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law criminalizes rape, including spousal rape,
and domestic violence. Rape convictions carry a minimum sentence of 10 years’
imprisonment. When informed, police generally enforced the law promptly and
effectively; however, cases proceeded slowly in the judiciary. Sexual assault and
rape were commonplace. Local and international NGOs reported that most
incidents of sexual assault and rape went unreported. From December 2015 to
August, the police Child and Gender Protection Unit (CGPU) received reports of
150 cases involving rape or sexual assault of children. Between January and
March, the CGPU received 157 reports of all categories of sexual offenses, of
which 79 were pending investigation and 44 pending prosecution. There were
convictions in four cases and five were withdrawn. During the same period, the
CGPU received 25 reports of sexual assault (a subcategory of sexual offenses).
Seventeen were pending investigation, six were pending prosecution, and
authorities obtained one conviction. From January to August, the Magistrate Court
recorded 202 sexual offense cases involving 230 suspects. Sixty-five cases were
completed and 52 suspects convicted. Police withdrew 10 cases, eight of which
involved children, due to lack of evidence.
Domestic violence against women was widespread. The CGPU did not compile
data on domestic violence. The LMPS included reports of domestic violence with
assault data but did not break down the data by type of violence. Assault, domestic
violence, and spousal abuse are criminal offenses, but authorities brought few
cases to trial. The law does not mandate specific penalties, and judges have wide
discretion in sentencing. Judges may authorize release of an offender with a
warning, give a suspended sentence, or, depending on the severity of the assault,
fine or imprison an offender.

LESOTHO 19
Advocacy and awareness programs by the Office of the First Lady, CGPU,
ministries, and Women and Law in Southern Africa (WLSA) changed public
perceptions of violence against women and children by arguing that violence was
unacceptable. The activities of local and regional organizations, other NGOs, and
broadcast and print media campaigns bolstered these efforts. The government had
one shelter in Maseru for abused women. The shelter offered psychosocial
services but provided help only to women referred to it. The majority of victims
did not know about the shelter. There was no hotline for victims.
Other Harmful Traditional Practices: There were reports of forced elopement, a

customary practice whereby men abduct and rape girls or women with the
intention of forcing them into marriage, but no estimate on its extent was available.
When the perpetrator’s family was wealthy, the victim’s parents often reached a
financial settlement rather than report the incident to police. According to the
Sunday Express newspaper, the minister of education and training said that in
Mokhotlong District, where the rate of school dropouts was highest, the abduction
and killing of girls were most prevalent.
Sexual Harassment: The law criminalizes sexual harassment, indecent exposure,

and sexual assault. Penalties for those convicted of sexual harassment are at the
discretion of the court. Victims rarely reported sexual harassment. According to
WLSA, sexual harassment in the textile sector increased. Police also believed
sexual harassment to be widespread in the workplace and elsewhere. The CGPU
prepared radio programs to raise public awareness of the problem.
Reproductive Rights: The law gives couples and individuals the right to decide the
number, spacing, and timing of their children; manage their reproductive health;
and have access to the information and means to do so, free from discrimination,
coercion, and violence.
Social and cultural barriers, but no legal prohibitions, limited access to

contraception and related services. There was access to modern contraception for a
minimal fee; male and female condoms were readily available free of charge.
Many international and local NGOs worked in partnership with the government to
provide such services. The 2014 Lesotho Demographic and Health Survey
(LDHS) revealed the contraceptive prevalence rate peaked among women at 71
percent between the ages of 35-39 and declined to 40 percent among women
between ages 45 and 49. It observed a correlation between education, wealth, and
contraceptive use; women with living children were more likely than those without
living children to use contraceptives.

LESOTHO 20
The 2014 LDHS reported the maternal mortality ratio was 1,024 per 100,000 live
births, largely due to limitations in the country’s health system. Although the ratio
dropped slightly from 1,243 per 100,000 live births in 2009, the change was not
statistically significant. According to the survey, 95 percent of women who gave
birth in the five years before the survey, received antenatal care from a skilled
provider for their most recent birth. Only 41 percent, however, had their first
antenatal visit during the first trimester, and only 74 percent had the recommended
four or more visits.
Discrimination: Except for inheritance rights, women enjoyed the same legal
status and rights as men. The law prohibits discrimination against women in
access to employment or credit, education, pay, housing, or in owning or managing
businesses. The law prohibits discrimination against women under formal as well
as customary or traditional law. Formal, but not customary, law protects
inheritance, succession, and property rights. Civil law defers to customary law,
which discriminates against women and girls as it pertains to inheritance.
Customary law limits inheritance to male heirs only; it does not permit women or
girls to inherit property. A woman married under civil law may contest inheritance
rights in civil court.
Although the civil legal code does not recognize polygyny, a small minority
practiced it under customary law.
Under the civil legal system, women have the right to make a will and sue for
divorce. To have legal standing in civil court, a couple must register a customary
law marriage in the civil system.
In April 2014 the Court of Appeal unanimously upheld the Constitutional Court’s
2013 decision to dismiss Senate Masupha’s suit to inherit her father’s title and
estate as principal chief of Teyateyaneng, ending her four-year legal battle. The
Court of Appeal upheld male primogeniture. In October 2014 Masupha launched a
complaint at the African Commission on Human and People’s Rights. According
to the Ministry of Law and Constitutional Affairs, the commission had not ruled on
admissibility of the case.
Promoting the rights of women is among the responsibilities of the Ministry of

Gender, Youth, and Sports. It supported efforts by women’s groups to sensitize
society to respect the status and rights of women.

LESOTHO 21
Children
Birth Registration: According to the constitution, birth within the country’s

territory confers citizenship. According to the Office of National Identity and Civil
Registry (NICR) in the Ministry of Home Affairs, all births in hospitals and local
clinics are registered. Births of children in private homes are reported to the
offices of local chiefs, which provide letters to parents for presentation to the
NICR for issuance of birth certificates. The law stipulates registration within three
months of birth but allows up to one year without penalty. After one year a
nominal fee of 2.50 maloti ($0.18) is charged. In 2013 the Ministry of Home
Affairs began implementing the National Identity Cards Act of 2011 by issuing
identity cards to citizens over age 16. Applicants for these cards and electronic
passports must submit new birth certificates with added security features.
Education: By law primary education, which goes through grade seven, is

universal, compulsory, and tuition-free beginning at age six. The law leaves open
the age by which children must complete grade seven; however, the Ministry of
Education set the maximum age for free primary education at 13. Secondary
education is not free, but the government offered scholarships for orphans and
other vulnerable children. Authorities may impose a fine of not less than 1,000
maloti ($71) or imprisonment on a parent whose child failed to attend school
regularly. There were no reports of police fining or imprisoning parents.
According to the UN Children’s Fund (UNICEF), many children did not attend
school. The problem was particularly prevalent in rural areas, where there were
few schools. Attending school regularly was most difficult for orphans and other
vulnerable children, those involved in supporting their families through subsistence
activities, or those whose families could not afford fees for the purchase of
uniforms, books, and other school materials.
Child Abuse: While the law prohibits child abuse, it was nevertheless a problem,
especially for orphans and other vulnerable children. Neglect, common assault,
sexual assault, and forced elopement--a customary practice of abducting a girl with
the intention of marrying her without her consent--occurred.
With branches in all 10 districts, the CGPU led the government’s efforts to combat
child abuse; however, lack of resources limited its effectiveness. The CGPU
sought to address sexual and physical abuse, neglect, and abandonment of children,
and protection of the property rights of orphans. It also advocated changing
cultural norms that encourage forced elopement.

LESOTHO 22
The Maseru Magistrate’s Court had a children’s court as part of a government

initiative to protect children’s rights.
There were no media reports of violence at traditional initiation schools. Attended

mainly by rural youth, these schools used traditional rituals to initiate teenage boys
into manhood. While the activities of these initiation schools were secret, in years
past media reported violence against students, teachers, and members of
surrounding communities.
Early and Forced Marriage: The Children’s Protection and Welfare Act defines a
child as a person under age 18. Under the Marriage Act of 1974, however, a girl
can marry at age 16, while a boy can do so at age 18. The act states that “if the girl
is 16 years of age, but is not yet 21, parental consent is required” for marriage.
Customary law does not set a minimum age for marriage. According to UN
Population Fund data collected between 2000 and 2011, an estimated 19 percent of
women between the ages of 20 and 24 were married before age 18. Starting in
June the minister of social development held public gatherings in five districts in a
campaign to end child marriage.
Sexual Exploitation of Children: The law sets the minimum age for consensual sex
at 18. Anyone who commits an offense related to the commercial sexual
exploitation of children is liable to imprisonment for a period of not less than 10
years. Child pornography carries a similar sentence. An antitrafficking in persons
law criminalizes trafficking of children or adults for the purposes of sexual or
physical exploitation and abuse. Offenders convicted of trafficking children into
prostitution are liable to a fine of two million maloti ($142,857) or life
imprisonment. The court may apply the death penalty if a knowingly HIV-positive
perpetrator sexually assaults a child who becomes infected. Authorities enforced
the law.
Child prostitution was a problem. Impoverished young girls and boys, many of
whom were orphans, moved to urban areas to engage in prostitution. After being
fraudulently recruited with promises of better opportunities, Basotho girls were
also exploited in prostitution in South Africa. UNICEF and government officials
agreed that while the numbers remained small, the commercial sexual exploitation
of children was a growing problem.
International Child Abductions: The country is a party to the 1980 Hague

Convention on the Civil Aspects of International Child Abduction. See the

LESOTHO 23
Department of State’s Annual Report on International Parental Child Abduction at

travel.state.gov/content/childabduction/en/legal/compliance.html.
Anti-Semitism
There was a small Jewish community. There were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at

www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The constitution and law prohibit discrimination against persons with disabilities in
employment, education, access to health care, or the provision of other state
services. The constitution does not refer to specific disabilities or to access to air
travel and other transportation. The labor code and Public Service Act do not
specifically provide for meaningful access to employment in both the private and
public sectors by persons with disabilities. The national disability policy
establishes a framework for inclusion of persons with disabilities in poverty
reduction and social development programs, but by year’s end, the government had
not incorporated objectives or guidelines for the implementation of these programs.
The Association of the Disabled promoted the rights and needs of persons with
disabilities.
Persons with disabilities were disadvantaged regarding access to public buildings,

employment, education, air travel, and other transportation, information and
communications, and health care. Laws and regulations stipulate that persons with
disabilities should have access to public buildings. Public buildings completed
after 1995 generally complied with the law, but many older buildings remained
inaccessible. There was no accommodation for persons with disabilities in air or
other transportation. The Lesotho National Federation of Organizations of the
Disabled complained about the limited budget for sign language interpreters in the
judicial system, resulting in case postponements. Braille and JAWS (computer
software used by persons with vision disabilities) were not widely available.
Service providers in the government or private sector did not provide sign
language interpreters (except Lesotho Television--see below), so hearing-disabled
persons who sign could not access state services. There were limited facilities for
training persons with disabilities. Children with physical disabilities attended

LESOTHO 24
school; however, facilities to accommodate them in primary, secondary, and higher

education were limited. One school accommodated specifically children with
vision disabilities, two schools accommodated specifically children with hearing
and speech disabilities, and two schools accommodated specifically children with
intellectual disabilities and multiple disabilities. An additional 243 schools
integrated children with disabilities into their general student population. Although
the government did not effectively implement laws that provide for persons with
disabilities to have access to information and communications, in 2013 Lesotho
Television introduced sign language interpretation during its daily news broadcast.
On August 18, the Ministry of Social Development held a workshop for banking
institutions and insurance companies. The director of disability services urged the
institutions to review their policies to accommodate the needs of persons with
disabilities.
There were no reports of persons with disabilities being abused in a prison, school,
or mental health facility. According to the Lesotho National Federation of
Organizations of the Disabled, however, such abuse likely occurred regularly but
went unreported.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual

Orientation and Gender Identity
The law prohibits consensual sexual relations between men, but authorities did not
enforce it. The law is silent on consensual sex between women. Lesbian, gay,
bisexual, transgender, and intersex (LGBTI) persons faced societal discrimination
and official insensitivity to this discrimination. LGBTI rights groups complained
of discrimination in access to health care and participation in religious activities.
The law prohibits discrimination attributable to sex; it does not explicitly forbid
discrimination against LGBTI. Matrix, an LGBTI advocacy and support group,
had no reports of employment discrimination from its members. Same-sex sexual
relationships were taboo in society and not openly discussed. While there were no
assaults reported, LGBTI persons often did not report incidents of violence due to
fear of stigma.
Matrix operated freely and had members in all 10 districts. It reported having a
good working relationship with the LMPS. For instance, in December 2015 the
brothers of a woman who identified herself as a lesbian forced her out of her home
when they discovered her sexual identity. She took the matter to police, who
intervened, and the brothers allowed her to return home.

LESOTHO 25
Matrix engaged in public outreach through film screenings, radio programs, public
gatherings, and social media. On May 21, Matrix organized the third International
Day Against Homophobia and Transphobia march. Approximately 200
individuals, mainly family and friends of LGBTI persons, marched peacefully and
without incident from Lakeside (city outskirts) to Central Park in Maseru. Matrix
representatives noted police officers escorting the march were generally
supportive, which they attributed to Matrix’s previous outreach efforts to the
LMPS. Matrix for several months also had an electronic billboard advertisement
in central Maseru supporting LGBTI rights.
Addressing the media in June following the UN General Assembly High-Level

Meeting on HIV/AIDS, Deputy Prime Minister Mothetjoa Metsing said the
government would look into decriminalizing same-sex relationships to stop the
spread of HIV. This was the first pronouncement made by a high-level
government official on the issue.
HIV and AIDS Social Stigma
Access to antiretroviral (ARV) therapy increased, with 143,371 persons receiving

treatment, according to the Ministry of Health April to June report. This number
remained below national targets and was lower than needed to control the epidemic
in line with UNAIDS’ (UN AIDS program) 90/90/90 targets. On April 14, the
country adopted a “test and treat” approach whereby all HIV-positive individuals
are immediately eligible to enroll for treatment.
In the most recent (2014) LDHS, a majority of women and men reported having
tolerant attitudes toward HIV-positive relatives, teachers, and shopkeepers. More
than 90 percent stated they would be willing to care for HIV-positive members of
their families, 92 percent of women and 81 percent of men would accept HIV-
positive female teachers in the classroom, and 88 percent of women and 80 percent
of men would buy fresh fruits or vegetables from a vendor known to be HIV-
positive. Far fewer women and men indicated they would disclose that a family
member was infected with HIV/AIDS (56 percent of women and 53 percent of
men).
Almost 94 percent of women accessing antenatal care were tested for HIV; of that
number, 24 percent were HIV-positive. Of the women who tested positive, 91
percent received ARV prophylaxis or highly active antiviral therapy to protect both
mother and child.

LESOTHO 26
The Lesotho Network of People Living with HIV and AIDS (LENEPWA)
Executive Director Boshepha Ranthithi stated that HIV/AIDS stigma could not be
comprehensively addressed due to the 2011 closure of the National AIDS
Commission and the lack of a law specifically addressing the problem.
Widespread discrimination and stigma persisted. The government reestablished
the commission in December 2015.
Other Societal Violence or Discrimination
The media reported killing of elderly persons, primarily in connection with

accusations of witchcraft, and sporadic incidents of mob violence targeting
suspected criminals. For example, in April a mob at Ha Tsolo, Maseru, assaulted
and burned to death a murder and burglary suspect. They also assaulted another
suspect, but police rescued him as the mob attempted to burn him.
The media reported a spate of retaliatory killings among local accordion music
artists fighting over provocative lyrics that insulted other artists in Maseru,
Mafeteng, and Mohale’s Hoek districts.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
By law workers in the private sector have the right to join and form trade unions of
their own choosing without prior authorization or excessive bureaucratic
requirements. The law prohibits civil servants and police from joining or forming
unions but allows them to form staff associations for collective bargaining and
promoting ethical conduct of their members. All trade unions must register with
the Registrar of Trade Unions. The law allows unions to conduct their activities
without interference.
The law provides for a limited right to strike. In the private sector, the law requires
workers and employers to follow a series of procedures designed to resolve
disputes before the Directorate of Dispute Prevention and Resolution, an
independent government body, authorizes a strike. The law does not permit civil
servants to strike.
The law protects collective bargaining and places no restrictions on it. The law
permits unions to bargain for wages above the minimum wage. Government

LESOTHO 27
approval is not required for collective agreements to be valid. Under the law
regulating civil servants, the Public Service Joint Advisory Council provides for
due process and protects civil servants’ rights. The council consists of an equal
number of members appointed by the minister of public service and members of
any association representing at least 50 percent of civil servants. The council
concludes and enforces collective bargaining agreements, prevents and resolves
disputes, and provides procedures for dealing with general grievances.
Furthermore, the Public Service Tribunal handles appeals brought by civil servants
or their associations.
The law prohibits antiunion discrimination and other employer interference in

union functions. The law provides for reinstatement of workers dismissed for
union activity. The law does not exclude particular groups of workers from
relevant legal protections.
The government enforces applicable laws with cases typically resolved within one
or two months. A minority of cases lodged with the Department of Labor, a
division within the Ministry of Labor and Employment, the Directorate of Dispute
Prevention and Resolution (DDPR), and the Labor Court took up to nine months to
be resolved. It was rare for a case to take longer than nine months, even though the
labor court had only one judge and one labor court register. The DDPR had seven
arbitrators nationwide with three vacant positions. A decrease in the number of
arbitrators was not a binding constraint as the number of arbitration cases had
declined due to efficient and effective dispute prevention activities to educate both
employers and employees.
Employers generally supported freedom of association and collective bargaining.

Although factory workers have bargaining power, only some workers exercised the
right to bargain collectively. This is because the law requires any union entering
into negotiations with management to represent 50 percent of workers, and only a
few factories met that condition. In May 2015 the Factory Workers Union (Fawu),
the Lesotho Clothing and Allied Workers Union, and the National Union of Textile
Workers merged to form the Independent Democratic Union of Lesotho to
strengthen their bargaining power. The National Clothing Textile and Allied
Workers Union, which separated from Fawu, remained blacklisted by employers
who alleged the founders had deliberately incited labor strikes. All worker
organizations were independent of the government and political parties except the
Lesotho Workers Party-affiliated Factory Workers Union. Most unions focused on
organizing apparel workers.

LESOTHO 28
Factory owners in the apparel industry were generally willing to bargain

collectively on wages and working conditions, but only with trade unions that
represented at least 50 percent of workers. Factory decisions concerning labor
disputes are determined by companies’ headquarters, which are usually located
overseas. In the retail sector, employers generally respected freedom to associate
and the right to bargain collectively, although retail unions complained employers
commonly appealed labor court rulings to delay implementation of the rulings.
The International Labor Organization’s Better Work Lesotho (BWL) program,

which aims to improve compliance with national labor laws and international labor
standards within the apparel industry, worked to increase understanding of national
labor law and internationally recognized core labor standards. The program ended
in June.
Staff at the Avani Lesotho Hotel (Lesotho Sun at the beginning of the strike) were
on strike from December 2014 to the end of 2015 over demands for a 14 percent
salary increase. Following the end of the strike, employees filed a court case
against their employer after they failed to reach a mutual agreement on salaries and
working conditions.
In the public sector, while both police and civil servants had associations, no single
association represented at least 50 percent of civil servants. According to the
Lesotho Public Servants Staff Association (LEPSSA), approximately 34 percent of
civil servants belonged to the association. LEPSSA reported most civil servants
did not register for the association because they were unaware of it. This low rate
of participation made it difficult for LEPSSA to engage with the government on
workers’ rights problems.
Despite the law against antiunion discrimination, reinstatement was rarely

enforced.
b. Prohibition of Forced or Compulsory Labor
The law prohibits all forms of forced or compulsory labor, but the government did
not effectively enforce the applicable law. Police reported that inadequate
resources hampered their investigations and remediation efforts, although penalties
for violations, including two million maloti ($142,857) or 25 years’ imprisonment,
were sufficient to deter violations.

LESOTHO 29
The CGPU conducted community outreach on forced labor through community

gatherings, lectures, workshops, and radio programs. The newly established
Human Trafficking Unit of the police targeted high schools to raise awareness of
human trafficking and other forms of forced labor. Police reported one conviction
for human trafficking, that of a Chinese man who sexually exploited a Chinese
woman. The court sentenced the suspect to 15 years in prison with 10 years
suspended. In another case a Nigerian man was accused of forcing another
Nigerian man to build a house without pay. According to the CGPU, the case was
initially addressed as a civil case. The victim, however, reported the nonpayment
to the police, and they opened a trafficking-in-persons case, although the accused
had not been formally charged and remained free. In a third case, involving a
Kenyan man accused of forcing a Kenyan woman to work without pay as a
hairdresser, police continued to investigate it as a potential case of human
trafficking.
See the Department of State’s Trafficking in Persons Report at

www.state.gov/j/tip/rls/tiprpt/.
c. Prohibition of Child Labor and Minimum Age for Employment
The law defines the legal minimum age for employment as 15 years, or 18 for
hazardous employment. Hazardous work includes mining and quarrying; carrying
heavy loads; manufacturing where chemicals are produced or used; working in
places where machines are used, or in places such as bars, hotels, and places of
entertainment where a person may be exposed to immoral behavior; herding; and
producing or distributing tobacco. While the legal minimum age for employment
is 15 years, the law also provides that free and compulsory primary school be
completed at age 13, two years before a child is legally allowed to work. The law
does not prohibit the use, procuring, or offering of a child under age 18 for illicit
activities (with the exception of commercial sexual exploitation of children, which
is punishable by a fine of up to 30,000 maloti ($2,143) and 30 months’
imprisonment). Any employer who breaches these provisions is liable to a fine,
imprisonment, or both. Penalties for violation of the minimum age provisions
include a fine not exceeding 20,000 maloti ($1,429) or imprisonment not
exceeding 20 months. While the law protects children working in the informal
economy, it excludes self-employed children from relevant legal protections.
The government did not effectively enforce minimum age laws for employment
outside the formal economy, since scarce resources hindered labor inspections.
The Ministry of Labor and Employment and the CGPU investigated cases of

LESOTHO 30
working children. The ministry had only two child labor inspectors, and 32 labor
inspectors who did not specifically focus on child labor. There was one reported
case of child labor, that of a 13-year-old boy employed as a herdboy.
Authorities did not prosecute any cases of child labor. Penalties for violations,
including a fine not exceeding 20,000 maloti ($1,429) or imprisonment for a period
not exceeding 20 months, were sufficient to deter violations.
In 2015 the government approved the guidelines for herdboys, which make a
distinction between the concepts of “child work”--work that is not harmful and is
acceptable as part of socialization--and “child labor”--those forms of work that are
hazardous and exploitative. The guidelines apply to children below 18 years of
age and strictly prohibit the engagement of children at a cattle post, the huts where
herders stay when in remote mountain rangelands. Herding is considered illegal
child labor only if herding deprives herdboys of the opportunity to attend school,
obliges them to leave school prematurely, or requires them to combine school
attendance with excessively long hours and difficult working conditions. The
highest estimated percentage of working children was in herding. According to the
Monna-ka-Khomo Herdboys Association, the literacy rate among herdboys was
improving due to the implementation of the Education Act requiring the enrollment
of six-year-old children in primary school. In addition, the NGO Sentebale,
through its Herdboy Education Program, trained 10 herdboys, who completed a
literacy and numeracy curriculum.
The Ministry of Labor and Employment completed approximately 965 labor

inspections between April and September.
The Ministry of Labor and Employment and the CGPU continued to disseminate
information on prevention of child labor as part of their other programs. To
commemorate World Day Against Child Labor, the government conducted training
for District Child Protection Teams in five districts; held radio talk shows; issued
press statements; and organized 17 public gatherings to raise awareness about laws
and regulations on child labor, which drew 137 attendees, 124 of whom were
women, in five districts.
The most recent data available from the Bureau of Statistics, the 2011 Household
Budget Survey, reported 3.5 percent of children ages six to 14 participated in
economic activities; this statistic did not include children aiding their families or
others without compensation. In its most recent report in 2014, UNICEF estimated
23 percent of children between ages five and 14 were working. Two-thirds of

LESOTHO 31
these children were engaged in subsistence farming, while the rest were engaged
mainly in domestic service. Child labor was higher among boys (86.6 percent of
child workers) than among girls (13.4 percent). The report was based on 2004 data
provided by the Ministry of Labor and Employment.
See the Department of Labor’s Findings on the Worst Forms of Child Labor at
www.dol.gov/ilab/reports/child-labor/findings/.
d. Discrimination with Respect to Employment and Occupation
The labor code prohibits discrimination regarding race, color, sex, marital status,
religion, political opinion, national extraction or social origin, and HIV/AIDS
status, but it does not explicitly prohibit discrimination based on disability. There
is no provision for equal pay for equal work.
Despite the law prohibiting gender-based discrimination in employment and

occupation, such discrimination occurred. According to WLSA, there was no legal
basis for discrimination against women in employment, business, and access to
credit, although social barriers to equality remained. Both men and women
reported that hiring practices often aligned with gender, with men preferentially
selected for certain positions (such as mechanics) and women preferentially
selected for other positions (such as sewing machine operators). In general,
working conditions, while sometimes poor, were the same for both men and
women.
A 2013 study by LENEPWA found substantial discrimination in employment and

occupation against those who are HIV-positive (see section 6). The Ministry of
Labor and Employment, however, did not report any cases during the year of such
discrimination against those who were HIV-positive. The law prohibits such
discrimination.
Migrant workers enjoy the same legal protections, wages, and working conditions
as citizens.
e. Acceptable Conditions of Work
There is a sector-specific national minimum wage and a general minimum wage.

The general minimum monthly wage varied from 1,213 maloti ($86.64) to 1,324
maloti ($94.57). The Lesotho Bureau of Statistics official estimate for the poverty
income level was 246.60 maloti ($17.61) per month. Minimum wage provisions

LESOTHO 32
do not cover significant portions of the workforce. Labor laws do not cover
workers in agriculture or other informal sectors.
The law stipulates standards for hours of work, including a maximum 45-hour
workweek, a weekly rest period of at least 24 hours, a daily minimum rest period
of one hour, at least 12 days of paid leave per year, paid sick leave, and public
holidays. Required overtime is legal as long as overtime wages for work in excess
of the standard 45-hour workweek are paid. The maximum overtime allowed is 11
hours per week; however, there are exemptions under special circumstances. The
laws require the premium pay for overtime be at a rate not less than 125 percent of
the employee’s normal wage; any employer who requires excessive compulsory
overtime is liable to a fine, imprisonment, or both.
The law empowers the Ministry of Labor and Employment to issue regulations on
occupational health and safety standards. The law requires employers to provide
adequate light, ventilation, and sanitary facilities for employees and to install and
maintain machinery in a manner that minimizes injury. It also requires each
employer to have a registered health and safety officer. Employers must provide
first aid kits, safety equipment, and protective clothing. The law also provides for
a compensation system for industrial injuries and diseases related to employment.
Penalties for violations--not exceeding 200 maloti ($14.29) or up to six months’
imprisonment--were insufficient to deter violations. The commissioner of labor is
responsible for investigating allegations of labor law violations.
Labor inspectors worked in all districts and generally conducted unannounced

inspections of a random sample of workplaces on a weekly basis. Businesses
operating in the formal sector, including the apparel industry, were subject to more
enforcement than businesses operating in the informal sector. The ministry began
domesticating International Labor Organization Recommendation 204 to make the
informal sector liable for inspection. The ministry’s inspectorate reported
employers, particularly in the security, transport, and construction sectors, did not
always observe the minimum wage and hours of work laws. Many locally owned
businesses did not keep employees’ records to facilitate labor inspections as
required by law. Smaller employers failed to establish safety committees, did not
have complete first aid kits, and did not provide protective clothing. With the
exception of the mining industry, employers’ compliance with health and safety
regulations generally was low. According to the Ministry of Labor and
Employment, noncompliance with the health and safety regulations increased
especially in construction, where there was an increasing frequency of fatal

LESOTHO 33
accidents. The BWL also reported some employers paid workers less than
required by law for overtime work.
Trade union representatives described textile-sector working conditions as poor or

even harsh but not dangerous. Union officials stated most textile factories were in
prefabricated metal buildings. Unions reported few examples of dangerous health
hazards but noted most factories had improper ventilation. Third-party auditors
hired by foreign textile buyers conducted spot checks on many exporting factories,
customarily sought labor’s input, and briefed the unions on their findings. Unions
believed the third-party auditors kept factory owners in line with health and safety
regulations. Unions also mentioned compliance with labor law and labor standards
was much higher at factories enrolled in the BWL program.
Many workplace policies covered employees with HIV/AIDS. Some of the larger
factories maintained health services at the workplace. Where factories did not
provide health care, workers had the right to access services at public health
centers. Employers provided space for employee examinations and time off for
employees to see doctors, receive counseling, and participate in educational and
antistigma programs.
The Ministry of Labor and Employment is responsible for enforcing these laws and
standards but limited budget resources constrained enforcement efforts.
Inspections did not cover agricultural and other informal sectors, which employed
most workers. The ministry estimated a significant number of workers were in the
informal economy, although there was no reliable data on the number of such
workers. The ministry’s inspectorate noted penalties were not sufficient to deter
violations. The BWL supported ministry inspection efforts by providing examples
of crucial noncompliance and inconsistent labor law application to ensure that
inspectors raised them with employers. The BWL also shared experiences and
assessment findings with the ministry on a regular basis with a view to work
toward industry-wide improvements.
The Ministry of Labor and Employment received 14 reports of workplace fatalities

and accidents, many of which occurred in the textile industry. Ministry
representatives indicated underreporting was a possibility.
Working conditions for foreign or migrant workers were similar to those of

residents.

LESOTHO 34
The law does not explicitly provide that workers can remove themselves from
situations that endangered health or safety without jeopardy to their employment.
Nevertheless, sections of the code on safety in the workplace and dismissal imply
such a dismissal would be illegal. Authorities protected employees when
violations of the law were reported.


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LESOTHO 2016 HUMAN RIGHTS REPORT

Lesotho is a constitutional monarchy with a democratic parliamentary government.

recommendation fully implemented by year’s end was the retirement of LDF

Torture and cruel, inhuman, or degrading treatment and punishment by LDF

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated

For example, on April 4, LDF members reportedly beat Mamoleboheng Besele

Country Reports on Human Rights Practices for 2016

There were unconfirmed reports of politically motivated disappearances.

For example, police constable Mokalekale Khetheng went missing following

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or

According to a prominent human rights advocacy NGO, the Transformation

Country Reports on Human Rights Practices for 2016

Prison and Detention Center Conditions

The army detained military prisoners in a maximum-security facility.

Leribe correctional facility officers disciplined four inmates involved in prisoner-

Country Reports on Human Rights Practices for 2016

Administration: The manual recordkeeping system was outdated and inadequate,

Prisoners generally had reasonable access to visitors. According to families of

Independent Monitoring: The Crime Prevention, Rehabilitation, and Reintegration

In June the Roman Catholic archbishop, accompanied by bishops, visited the

Country Reports on Human Rights Practices for 2016

Improvements: The correctional service completed renovations of a cellblock,

d. Arbitrary Arrest or Detention

Role of the Police and Security Apparatus

Country Reports on Human Rights Practices for 2016

The Police Complaints Authority (PCA) investigates allegations of police

The Directorate on Corruption and Economic Offenses (DCEO) investigates and

Of 74 cases reported to the DCEO from January through August, it referred 46 to

Arrest Procedures and Treatment of Detainees

Country Reports on Human Rights Practices for 2016

There were no reports of suspects detained incommunicado, held under house

Pretrial Detention: Pretrial detainees constituted 20 percent of the prison

Detainee’s Ability to Challenge Lawfulness of Detention before a Court:

e. Denial of Fair Public Trial

Country Reports on Human Rights Practices for 2016

Defendants enjoy the right to a presumption of innocence. In most cases officials

In civil and criminal matters, a single judge normally hears cases. In

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Country Reports on Human Rights Practices for 2016

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of Speech and Expression: The law prohibits expressions of hatred or

Country Reports on Human Rights Practices for 2016

staff were “no longer allowed to place departmental advertisements in Lesotho

Censorship or Content Restrictions: There were several instances of government

Country Reports on Human Rights Practices for 2016

from the government’s seven-party coalition. The Ministry of Communications

There were no credible reports the government monitored private online

Country Reports on Human Rights Practices for 2016

infrastructure and high cost of access. According to the International

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

In May unknown assailants reportedly attacked the home of National University of

b. Freedom of Peaceful Assembly and Association

Country Reports on Human Rights Practices for 2016

See the Department of State’s International Religious Freedom Report at