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the police and the social welfare, health, and judicial systems, thus ensuring that
survivors are treated sensitively and receive the quality services due to them.
UNICEF has also provided the CGPU with in-depth orientation on child protection
issues and the relevant legal and policy framework, psychosocial care and support
techniques, and stress management. Furthermore, to improve reporting environments
and ensure confidentiality, the Global Fund assisted the CGPU with prefabricated
mobile offices in locations where available office space compromised victims’
confidentiality.
Village Child Justice Committees are only operational in two Districts – Thaba Tseka
and Mokhotlong. At least one of these Committees is known to use corporal punishment
and community work as punishments. This is obviously outside of their legal scope and
in direct contravention of the abuse provisions of the CPW Act.
Children's Courts also need to be rolled out to other Districts urgently. Despite training
on the CPW Act, Magistrates and prosecutors are reluctant to use its provisions without
special court processes for dealing with children differently from adults.
9.4
Children deprived of liberty, including all forms of detention,
imprisonment and placement in any detention structure and respect
for the provisions of Article 5(3) prohibiting death sentence for
crimes committed by children (Article 7.2(a)
Legislative
The Constitution of Lesotho (1993) does not protect against corporal punishment. No
corporal punishment has however been the practice. Never has a child been sentenced
to death. In 2012 there was an adult sentenced to death. The last death sentence which
was executed was in 1993.
The CPW Act at sections 161 (1) & (3) provides that no sentence of life imprisonment or
death may be imposed on a child and no corporal punishment or cruel or degrading
punishment may be prescribed. Section 156 (1) limits imprisonment to a maximum of 3
years and no prison sentence can be imposed on a child under 14 years.
Part VX of the CPW Act, Bail & Detention Pending Trail, requires a court to release a
child on bail unless it is not in the child's best interest to do so. This may for example be
for the child's own protection against an angry community. It also provides that wherever
a child is held on remand, it must be for the shortest time possible.
Part XVII provides for legal representation at the child's own expense. Part XVIII on
sentencing, specifically section157 says that any sentence involving a residential
element must be employed as last resort, boys to be kept separate from girls, and be for
shortest time possible.