juvenile from adult offenders in all districts; trains judges, prosecutors and police;
rehabilitates and reintegrates juvenile offenders.
50. Concerning minimum age of criminal responsibility, the Committee learned from the
replies to the list of issues that children between the ages of 10 and 14 years are
presumed to lack criminal capacity; however this can be rebutted during prosecution
and hence these children could be prosecuted. The Committee recommends that
the State Party complies with international standard of minimum age of criminal
responsibility and raise it to the age of 12.
51. The establishment of Juvenile Training Center (JTC) for young offenders is
commendable. However, the Center is only located in Maseru and cannot
accommodate girls due to lack of appropriate facilities. As a result girls are being
imprisoned with adults. The Committee urges the State Party to take prompt action
to establish JTCs in all districts and provide the necessary infrastructure and
facilities in the JTC in order to accommodate the girl child. Additionally, the JTC
should be provided with enough funding and skilled human resource so that it can
deliver a proper rehabilitation and reintegration of juvenile delinquents.
Children in armed conflict
52. Even though the State Party report mentions that Lesotho is not involved in armed
conflict, reports indicate that there is an armed conflict in the southern region of the
State Party, Mafeteng. The Committee recommends that the State Party undertakes
all the necessary measures to ensure that children are not being involved or
recruited in the conflict; to provide protection and care for children affected by the
conflict; and to ensure that schools are not used as military objects in the conflict.
Children of imprisoned caregivers
53. The Committee noted that there is no legislative or policy framework to protect
children of imprisoned mothers. Therefore it recommends that the State Party
adopts a comprehensive legislation to protect the rights of children as well as to
provide rules and regulations about children’s stay with their parents in the prison
and their separation at 2 years of age.
54. The Committee recommends for the State Party to provide nutritious food; health
care; and child friendly environment for children staying with their parents in the
prison. As children who attained the age of 2 years will be separated from their
parents, the Committee recommends that the State Party gives psychosocial
support for the children. In case where there are no extended families and the
children are placed in residential care facilities, the Committee encourages the State
Party to ensure that children receive education, health care, and other social welfare
services. Family reunification programmes should also be accompanied by
psychosocial support.
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