Chapter three: Democracy and good political governance
which all related initiatives, interventions and programmes operate. The 2006 Monitoring and
Evaluation Framework tracks the implementation of the national policy framework. The National
AIDS Commission (NAC) has taken the initiative in developing an HIV and AIDS Bill that will
provide for the special needs of people living with HIV and AIDS and for the regulation of related
matters, such as the provision of services for such people. Overall, people are of the opinion that
implementation of these various policies should be fast-tracked, given the scope of the HIV and
AIDS pandemic in the country.
ii.
Findings of the CRM
320.
As in other areas of the human rights regime, the enactment of bills and the adoption of draft
policies remain a shortcoming. In the absence of legal frameworks and policy measures to ensure
the protection and promotion of human rights, various weaknesses can be identified in the status
and position of vulnerable people in Lesotho.
321.
The urgent need for the legal protection of the rights of orphans has already been noted, but
needs to be underscored. Lesotho is facing a long-term challenge in terms of a rapidly increasing
orphan population owing to the ravages of HIV and AIDS. Their access to education and to other
basic needs, such as health, shelter and food, also needs to be addressed. Despite efforts to
improve the provision of basic health by increasing the number of clinics and access to medication,
especially antiretroviral therapy (ART), Lesotho has a serious shortfall in qualified medical staff,
including nursing staff. This lack of qualified personnel inhibits the provision of basic services.
Abject poverty further erodes the ability of vulnerable groups to access basic services.
322.
Stakeholder groups representing the disabled/physically challenged pointed out that there is little,
if any, protection of the latter’s rights in society and that these people, who constitute a sizeable
proportion of the population, are often socially excluded, as well as excluded from various projects
aimed at empowering people to be more self-sufficient and secure. Little attention is paid to
accessibility to existing services, with a lack of access to public buildings being but one visible
sign of their exclusion.
323.
Although the noncontributory pension scheme for the elderly is widely hailed as an example of
best practice, doubts were expressed as to the sustainability of the effort, especially given the
current global economic crisis and the pressure it exerts on the country’s national budget.
iii.
Recommendations
324.
The APR Panel recommends that Lesotho:
•
Develop and enact legislation to protect the rights of people living with HIV and AIDS,
including the inheritance rights of orphans. (Government of Lesotho, nonstate actors – civil
society, traditional leaders, the media – the National Assembly, political parties)
•
Domesticate the Declaration on the Rights of Disabled Persons. (Government of Lesotho,
nonstate actors – civil society, traditional leaders, the media – the National Assembly,
political parties)
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