Chapter three: Democracy and good political governance
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288.
The CSAR identifies a number of challenges and gaps that remain with regard to women’s rights.
As for legal challenges, several Acts, orders and codes, such as the constitution, the Workmen’s
Compensation Act, the Public Service Regulations and the Laws of Lerotholi, still contain
discriminatory provisions, though it should be pointed out that some of these are not confined
to women. So, for instance, not only female domestic workers are excluded from the protection
offered by the Workmen’s Compensation Act, but also herd-boys and herdsmen, whilst the Laws
of Lerotholi contribute to the vulnerability of girls and boys who reach puberty by then considering
them to be at a marriageable age. In addition, gender focal points within government departments
and at district administration levels are considered to be ineffective, mostly owing to the junior
status of incumbent officials and a lack of knowledge regarding gender mainstreaming techniques
and processes.
289.
Much emphasis is placed in the CSAR on the increase in domestic violence and gender-based
violence, which affect both women and children. The CSAR notes that “incidents of gender violence
are on the increase and seem to go unabated as institutional mechanisms in place have serious
deficiencies”. It concludes that “widespread domestic violence, severe restrictions on women’s
rights and societal discrimination against women” remain as “major human rights problems” in
Lesotho.
ii.
Findings of the CRM
290.
The CRM concurs with the CSAR that Lesotho has demonstrated a national commitment “to
raising the status of women and increasing their presence in power and decision-making”, in line
with international requirements and obligations. Several stakeholders, particularly development
partners, pointed to the commitment of the Department of Gender and Youth, Sport and Recreation,
and, more specifically, to the efforts of the responsible minister in improving the rights, status
and position of women in society. The department has established a Gender Thematic Group
which has brought together state and nonstate stakeholders to discuss, and cooperate regarding,
issues of concern to women, in line with the requirements set by international conventions. In
addition, women in Lesotho enjoy higher levels of literacy and education attainment than their
male counterparts. The CRM also took note of the fact that many of the international codes
and standards acceded to by Lesotho in the realm of women’s rights nevertheless still require
domestication and regular monitoring and reporting.
291.
Despite various successes with regard to the promotion of gender equality, the CRM concurs,
though, with the CSAR that gender inequality remains entrenched in the cultural practices and
traditions of the country and that the unequal status and position of women remain entrenched
in the constitution, despite some sections in it that affirm equality and nondiscrimination. A
number of challenges therefore face the country in its attempts at domesticating international
gender instruments and promoting the equality of women, not least of which are the inherent
contradictions in the country’s constitution.
292.
Stakeholder groups confirmed the findings and concerns expressed in the CSAR regarding
widespread and increasing domestic violence in the country and the need to enact legislation
in this regard. During 2008, a total of 7,700 cases of domestic violence were reported to the