Chapter three: Democracy and good political governance
304.
90
Lesotho has adopted a number of Acts and policies designed to enhance the protection and
promotion of the rights of children and the youth. These include the following:
•
The National Reproductive Health Policy, which takes cognisance of the fact that young
persons are at greater risk of contracting HIV and AIDS than other groups in society and calls
on the government to strengthen and enforce laws to protect this group against physical and
sexual abuse and to increase their access to information and services.
•
The Gender and Development Policy (2003), which specifically mentions the need for access
to equal rights and opportunities for girl and boy children.
•
The National Social Welfare Policy (2004), which undertakes to protect children in all areas of
life.
•
The National Policy on Orphans and Vulnerable Children (OVC – 2005), which aims at ensuring
full care and support for these children, and various Acts providing protection against various
forms of abuse.
305.
A number of policies and other incentives have been developed in order to promote the interests of
young people. Among these are youth resource and training centres, credit schemes and business
skills training programmes. A National Youth Council Bill (2008) has yet to be adopted.
306.
The CSAR mentions that the government of Lesotho suspects the existence of trafficking in small
numbers of men, women and children for forced labour and sexual exploitation, but has not
substantiated these suspicions.
307.
A Gender and Child Protection Unit has been established within the police service. During the
course of 2008, 309 cases of child abuse were opened. A safe house for abused women and
children (Lapeng Centre) was opened and similar facilities will be established in all districts of the
country.
ii.
Findings of the CRM
308.
The enormity of the challenge to Lesotho to protect and promote the rights of children and young
people becomes evident when one considers the fact that 63 per cent of the country’s population
is under the age of 25 (PRS, p. 24).
309.
Many stakeholders expressed concern about the fact that the Child Protection and Welfare Bill
(2000) has not yet been enacted. Addressing the rights of children is furthermore hampered by the
fact that six different departments are tasked with programmes targeting children and, according
to the Lesotho Vision 2020, the Department of Youth within the Department of Gender and Youth,
Sport and Recreation is “woefully underresourced”. Further concern was expressed in particular
about the rights and conditions of orphans, including their inheritance rights. It would seem
that the government has not yet fully taken account of the huge implications of the increasing
number of HIV and AIDS orphans. Among these implications is the need for an efficient legal
framework that would protect the property and inheritance rights of these orphans, as well as
their access to education and the opportunity to remain integrated in their communities and social
environments.