Chapter three: Democracy and good political governance
and AIDS pandemic, places all Basotho in a potentially vulnerable situation. The CSAR identifies
four distinct vulnerable groups, viz. the elderly, the chronically ill, the disabled, and displaced
persons/refugees and orphans.
92
314.
The elderly are not specifically provided for in the bill of rights, but are indirectly covered by the
Principles of State Policy. Their rights are therefore not considered as fundamental at the national
level, but some issues concerning their rights are covered in the National Social Welfare Policy
(2004). The CSAR points out that there is a “hollowing out of families” as a result of the effect of
HIV and AIDS, which leaves many elderly people as caregivers to both the sick and orphans. Urban
poverty, in particular, affects the aged and female-headed households, as well as those headed by
children.
315.
In 2004, the government introduced a noncontributory pension scheme covering people over the
age of 70 and applicable to both men and women. This pension was increased from M200 to M300
for the 2009 financial year.
316.
People with disabilities constitute about 14 per cent of the total population of the country, but
they form part of a social group whose rights are not explicitly protected by the constitution.
Lesotho is a signatory to, and has ratified, a number of international instruments providing for the
protection and promotion of the rights of the disabled. Discrimination against people with physical
disabilities is unlawful in Lesotho and a number of Acts and policy frameworks provide for, among
others, a range of benefits for people with disabilities. The CSAR mentions that the National
Disability Policy, which will focus on equal civil, legal and industrial rights for disabled people, has
not yet been adopted.
317.
NGOs and religious institutions, as well as organisations of people with disabilities, play an
important part in the development of the disabled and in providing rehabilitation services that
might facilitate the integration of such persons into mainstream society. There are, however, no
legal provisions mandating those who represent people with disabilities to participate in policy
making or to work with government institutions. Few organisations of persons with disabilities
receive financial support from the government.
318.
As far as refugees are concerned, Lesotho is bound by several international instruments to which
it has acceded, to prove refugee rights. In addition, two documents at the local level, viz. the
constitution (which provides, in chapter II, for fundamental human rights, rights that are also
applicable to refugees) and the Refugee Act 18 of 1993 (which provides for the recognition of
refugees and related matters), focus specifically on refugee status or asylum. Lesotho has a
designated commissioner for refugees, and, according to the country-wide survey conducted by
the National Governing Council (NGC), the large majority of Basotho indicated that there was no
discrimination against foreign nationals and that they enjoyed equal rights with citizens.
319.
Lesotho enacted the Labour Code Amendment Act in 2006 to provide for mandatory HIV and AIDS
workplace policy for all employees. This Act focuses on the labour rights of employees living with
HIV and AIDS. In terms of the amendment, government employees who suffer from HIV and AIDS
receive subsidised food and medicine, and such assistance is available to all patients at state
hospitals. The National HIV and AIDS Policy (2006) is aimed at providing a framework within