Chapter three: Democracy and good political governance
222.
To this end (capacity building and implementation), the majority of stakeholders interviewed by the
CRM emphasised the need for skills training, civic education and public awareness programmes
in Lesotho. Both state and nonstate stakeholders and ordinary citizens require more knowledge
and information and greater awareness of human rights issues, whilst elected representatives
and civil servants require skills training in the efficient provision, maintenance and protection of
a comprehensive human rights culture. In this respect, the need for the establishment of a human
rights commission should again be emphasised. Some stakeholders expressed concern that
Lesotho has not yet domesticated the 1984 Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment and believe that the failure to establish a human rights
commission is at least partly due to the lack of prisoners’ rights and to the bad conditions in prisons
in the country. A number of stakeholders also pointed out that nongovernmental organisations
(NGOs) in the field of advocacy for human rights should put more pressure on government for the
establishment of the commission, but it was believed that such pressure, lobbying and advocacy
were deficient largely due to a lack of resources and the fact that these organisations often needed
to compete for financial support from international donors.
223.
Several stakeholders pointed out that these weak institutions remain a major challenge to the
country in its efforts to deepen democracy. Again, a concerted effort to implement skills training and
capacity building should assist in addressing such challenges. In order for citizens to exercise their
civil and political rights, continuing public awareness campaigns and civic education programmes
could assist in strengthening the country’s human rights culture. Several stakeholders pointed out
that many citizens still do not fully understand the new election model (the MMP) and that this
lack of understanding might impact negatively on their ability to exercise their rights.
224.
The CRM noticed a distinct tension between traditional/customary law and civil law, a tension
that is entrenched in the constitution and which permeates society to the lowest levels. The
primacy accorded to cultural beliefs and practices (section 18 (4) (c) of the constitution) entrenches
discrimination on the basis of sex and inhibits the full development of a human rights culture and
the enjoyment of equality by all citizens regardless of gender or religious beliefs.
225.
Overall, the CRM has found that the government of Lesotho generally respects the human rights
of its citizens, a fact that is underscored by its selection to participate in the Millennium Challenge
Account (MCA). A number of challenges remain to be addressed though.
iii.
Recommendations
226.
The APR Panel recommends that Lesotho:
•
Set up a human rights commission. (Government of Lesotho, nonstate actors – civil society,
traditional leaders, the media – the National Assembly)
•
Engage in widespread dissemination of information and knowledge on human rights in the
Sesotho language. This could be done through the development and implementation of civic
education programmes. (Government of Lesotho, nonstate actors – civil society, traditional
leaders, the media – the National Assembly)
71