Chapter three: Democracy and good political governance basic human rights are protected, whilst those who enjoy these rights are also held accountable to their audience and government. It should be noted that, overall, the media in Lesotho is considered to be free of direct government intervention. 70 217. The prohibition against civil servants forming, or belonging to, trade unions has been identified as another shortcoming in the human rights regime of Lesotho. 218. Moving to more general human rights issues, the delays in the enactment of bills and the adoption of draft policies could arguably be identified as a major stumbling block to the development of a vibrant human rights culture in the country. In some instances, the enactment of bills, the adoption of draft policies and the establishment of institutions have been in the pipeline for an exceptionally long time. The establishment of a human rights commission was first conceived of in 1995, yet this important institution has not yet been established. Several other bills and policies necessary to domesticate international obligations and responsibilities are also still awaiting finalisation. The apparent inability to finalise these instruments gives rise to a number of problems and points to a seeming lack of capacity on the part of the government to ensure good and efficient governance. In the process, the development of a sound and vibrant human rights culture is compromised. 219. Linked to the above is the issue of domestication and implementation, identified in many stakeholder meetings as another major problem to be addressed in Lesotho’s human rights regime. Again, an apparent lack of capacity inhibits timely reporting to international bodies on progress made in the realm of domestication of international codes and standards. 220. The efficient functioning of the judiciary – the ultimate arbiter of human rights – is also hampered by the inordinate time it takes to enact bills and adopt policies that are needed to promote and protect human rights and to ensure citizens’ access to the judiciary. In this regard, mention could be made of the Judiciary Institution Bill (2003) that has not yet been enacted and of the fact that the Ethical Principles for the Judiciary and the Code of Conduct for Legal Practitioners (2007) have not yet been adopted. It was brought to the attention of the CRM that the backlog in the judicial system surpasses the six-month period referred to in the CSAR and that this backlog is closer to 24 months. The Lesotho Poverty Reduction Strategy (PRS) 2004/2005–2006/2007 refers specifically to the need to speed up justice through improved case management systems (p. xvii). Some specific areas of concern in the realm of the judiciary are allegations of torture and abuse, poor prison services and lengthy pretrial detentions (in addition to long trial delays). An efficient judiciary is one of the hallmarks of a functioning democracy and the problems within the judicial system should therefore be addressed with a sense of urgency. 221. Although social and economic rights are not justiciable under the constitution (these are referred to as ‘Principles of State Policy’ in part III), much could be achieved in advancing these principles should relevant and comprehensive policies be adopted, thereby providing guidelines and implementation frameworks for the provision of such basic needs as water, education, health and sanitation. The final draft of the National Shelter Policy of 2001 has yet to be adopted. Streamlining of the process and procedures for the adoption of bills and policies poses a major challenge to the government of Lesotho, as do capacity building and issues of implementation.