Chapter three: Democracy and good political governance police. In some of the districts visited by the CSAR, concerns were raised that domestic violence was not only being experienced by women and children, but that, in some cases, men were also increasingly becoming the victims of such violence. On the positive side, stakeholders pointed to the establishment of the Gender and Child Protection Unit within the police service, though it is obvious that this unit is not sufficiently capacitated to address problems of domestic violence without the necessary legislation being in place. 293. The primacy of traditional law in Lesotho still leaves many women, especially those in the rural areas, as minors with little control over their own lives. Customary law marriages relegate these women to a lifelong status as minors. Time and again, issues regarding inheritance rights and laws were raised by stakeholders in this regard, and there was a clear indication that customary discriminatory practices were increasingly being considered unacceptable. State stakeholders in particular criticised such practices severely. Cultural practices and traditional socialisation patterns inhibit women in the exercise of their rights and freedoms. In the realm of political participation and decision-making positions, these patterns of socialisation seem to entrench women’s subordination within a patriarchal culture, preventing them from fully exercising their rights and freedoms. It is generally accepted that such deeply entrenched practices and norms can only change where prolonged efforts are made across a broad spectrum of initiatives to enhance and promote equality and to remove gender discrimination. 294. However, Lesotho has made great strides in addressing issues of discrimination against women. In this regard, the Legal Capacity of Married Persons Act 9 of 2006 stands as a lasting testimony to the commitment of the government in this regard. The Act in effect eliminates discrimination against women in all walks of life, with the exception of inheritance rights, which remain problematic for women subject to customary law. At the time of the CRM visit to Lesotho, the government was in the process of disseminating information on the Act among the rural population and the Act had also been translated into Sesotho. Stakeholders nevertheless felt that a more concerted effort regarding dissemination and training on the substance and implications of the Act was necessary. 295. The government has made several further efforts to improve the status of women and their participation in political life and decision-making positions. In line with the SADC Declaration on Gender and Development, and Addendum (1997), the government, through the Local Government Electors Act (as amended) (2005), enacted a requirement that 30 per cent of local council seats be reserved for women representatives. The success of this measure is to be seen in the fact that local government councils now have 58 per cent female representation, and Lesotho has now surpassed both the SADC 30 per cent target for 2005 and the AU/SADC standard of 50 per cent. It should be noted, though, that the Act provides for such a quota in only three successive local government elections. Lesotho has also exceeded the SADC 30 per cent target within the judiciary, where 42 per cent of judges are women. Although Lesotho has only one city council (Maseru), 74 per cent of its city councillors are women, thereby surpassing both the 30 per cent target and the 50 per cent standard set by the SADC and the AU/SADC respectively. 296. It would seem that the MMP election model has to some extent contributed to an increase in the number of women in the National Assembly. Whereas only 4 per cent of the members of the 87

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