Chapter three: Democracy and good political governance and AIDS pandemic, places all Basotho in a potentially vulnerable situation. The CSAR identifies four distinct vulnerable groups, viz. the elderly, the chronically ill, the disabled, and displaced persons/refugees and orphans. 92 314. The elderly are not specifically provided for in the bill of rights, but are indirectly covered by the Principles of State Policy. Their rights are therefore not considered as fundamental at the national level, but some issues concerning their rights are covered in the National Social Welfare Policy (2004). The CSAR points out that there is a “hollowing out of families” as a result of the effect of HIV and AIDS, which leaves many elderly people as caregivers to both the sick and orphans. Urban poverty, in particular, affects the aged and female-headed households, as well as those headed by children. 315. In 2004, the government introduced a noncontributory pension scheme covering people over the age of 70 and applicable to both men and women. This pension was increased from M200 to M300 for the 2009 financial year. 316. People with disabilities constitute about 14 per cent of the total population of the country, but they form part of a social group whose rights are not explicitly protected by the constitution. Lesotho is a signatory to, and has ratified, a number of international instruments providing for the protection and promotion of the rights of the disabled. Discrimination against people with physical disabilities is unlawful in Lesotho and a number of Acts and policy frameworks provide for, among others, a range of benefits for people with disabilities. The CSAR mentions that the National Disability Policy, which will focus on equal civil, legal and industrial rights for disabled people, has not yet been adopted. 317. NGOs and religious institutions, as well as organisations of people with disabilities, play an important part in the development of the disabled and in providing rehabilitation services that might facilitate the integration of such persons into mainstream society. There are, however, no legal provisions mandating those who represent people with disabilities to participate in policy making or to work with government institutions. Few organisations of persons with disabilities receive financial support from the government. 318. As far as refugees are concerned, Lesotho is bound by several international instruments to which it has acceded, to prove refugee rights. In addition, two documents at the local level, viz. the constitution (which provides, in chapter II, for fundamental human rights, rights that are also applicable to refugees) and the Refugee Act 18 of 1993 (which provides for the recognition of refugees and related matters), focus specifically on refugee status or asylum. Lesotho has a designated commissioner for refugees, and, according to the country-wide survey conducted by the National Governing Council (NGC), the large majority of Basotho indicated that there was no discrimination against foreign nationals and that they enjoyed equal rights with citizens. 319. Lesotho enacted the Labour Code Amendment Act in 2006 to provide for mandatory HIV and AIDS workplace policy for all employees. This Act focuses on the labour rights of employees living with HIV and AIDS. In terms of the amendment, government employees who suffer from HIV and AIDS receive subsidised food and medicine, and such assistance is available to all patients at state hospitals. The National HIV and AIDS Policy (2006) is aimed at providing a framework within

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