THE KINGDOM OF LESOTHO COMBINED SECOND TO EIGHTH PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS AND INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA The government of Lesotho continues to implement measures and strategies to achieve gender equality as envisaged under Sustainable Development Goal 5 (SDG 5). APPLICABILITY OF THE PROTOCOL 297. Lesotho applies a dualist approach to all international instruments. Non-domesticated international instruments are not applicable in the courts of Lesotho until there is an Act of parliament which incorporates them into the national legal framework.60 Currently the Protocol has not been domesticated through an Act of parliament and therefore would not ordinarily be applicable in the courts of law. The general rule notwithstanding, the Constitutional Court has emphasised that the Constitution and other subsidiary laws in Lesotho must be interpreted in accordance with Lesotho’s international human rights obligations. Hence the Court applied the Protocol in Molefi Tsepe v IEC in which earmarking of local government constituencies for women was held to be an affirmative action in accordance with the principles of equity contained in the Protocol.61 BUDGET FOR WOMEN 298. There has been established a Ministry of Gender, Sports and Youth which is the focal point for formulation of gender policies, laws, gender mainstreaming and empowerment of women in all spheres. The government of Lesotho has budgeted for women in various ways including a separate budget which is dedicated directly to the department of gender. Amongst measures which the Department has put in place to cater for needs of women is support of women-led economic activities and vocational training. The other way in which women’s needs are budgeted for is through other ministries such as the Ministry of Health which has various strategies and programmes aimed at covering women’s sexual 60 Sello v Commissioner of Police and others CIV/APN/10/1980 High Court Judgement of 22 February 1980 (unreported) (herein after Sello). See also Law Society of Lesotho v Right Honourable Prime Minister C of A (CIV) No. 5 /1985 court of Appeal Judgement of 3 September 1985 (herein after Law Soceity) 61 Molefi Tsepe v IEC and others (full citation) 109