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
other action with respect to the same matter which is lawfully available, that person
(or that other person) may apply to the High Court for redress.
12. Since consideration of the last report, the Kingdom of Lesotho has enacted several laws
and established institutions which are aimed at implementation of the African Charter and
the Protocol.
These laws and institutions are considered more fully in relation to
respective articles of both the African Charter and the Protocol.
ARTICLES 2 & 3: FREEDOM FROM DISCRIMINATION AND RIGHT TO EQUALITY
Constitutional measures
13. Section 4 of the Constitution provides that every person in Lesotho is entitled to the human
rights and freedoms contained in the Constitution regardless of race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or
other status. The Constitution thus guarantees all human rights contained in therein based
on the principles of equality and non-discrimination.1
14. Section 22 of the Constitution renders the rights therein justiciable in that any person who
alleges that their rights as contained in the Constitution have been infringed may approach
the High Court for redress. The Constitution further empowers the High Court to make
any order it deems fit for the purpose of enforcing or securing the enforcement of any right
contained in the Constitution.
15. Freedom from discrimination is contained in section 18 of the Constitution which provides
that ‘subject to the provisions of subsections (4) and (5) no law shall make any provision
1
Section 4 of the Constitution lists all the rights protected under the Constitution, and guarantees protection of the
basis of non-discrimination and equality; it is not a source of substantive rights contained therein. This is because
Section 4 contains a proviso limiting the enjoyment of the said rights within the ambits of specific limitations
contained in substantive provisions dealing with the rights mentioned under Section 4
4