Chapter three: Democracy and good political governance
•
Review the Local Government Act of 1997 (as amended in 2004), particularly with regard to
the allocation of land and the functions of the chiefs. A compromise arrangement would be to
restore fully the chiefs’ allocation functions within the context of the new councils. This could
be done by having the chiefs preside over the councils’ land-allocation sessions. The councils
would provide technical services, including a secretariat, land surveying and the registration
of title, once the decisions on land allocation have been made. (Government of Lesotho, IEC,
international cooperating partners)
•
Commit adequate financial resources in the public budget for the capacity building of the local
councils. (Government of Lesotho, IEC, international cooperating partners)
•
Strengthen the oversight agencies. This could require procedural changes such that the
Office of the Ombudsman, the OAG, the DCEO and the Police Complaints Authority report
directly to Parliament in order to enhance the oversight role with regard to accountability
of the legislature and the executive. (Government of Lesotho, IEC, international cooperating
partners)
Objective 3: Promote and protect economic, social and cultural rights, and civil
and political rights
i.
Summary of the CSAR
200.
The CSAR provides a comprehensive overview of the human rights regime in Lesotho, including
the measures available to enforce various rights. Lesotho’s human rights regime consists of the
following:
•
International treaties and conventions.
•
Regional treaties and conventions.
•
The constitution of Lesotho (1993).
•
National laws, including statutes, common law and customary law.
201.
The constitution contains a bill of rights (chapter II), which covers justiciable civil and political
rights, and a section (chapter III) on nonjusticiable economic, social and cultural rights entitled
‘Principles of State Policy’.
202.
The CSAR notes some reservations concerning the rights of freedom of expression and of
association. As regards freedom of expression, concern is expressed that the country does not
have freedom-of-information legislation, but relies on archaic laws that “greatly hamper the
media in their efforts to obtain information and report freely on the activities of government”.
Furthermore, journalists are afforded no constitutional protection with regard to the maintenance
of confidentiality of their sources and the Internal Security Act criminalises nondisclosure of
information in certain circumstances.
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