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1.0
INTRODUCTION
The Government of Lesotho (GoL) hereby presents its combined initial, second, third
and fourth report on the African Charter on the Rights and Welfare of the Child to the
African Committee of Experts on the Rights and Welfare of the Child. The Charter was
ratified on 27 September 1999.
The report outlines the measures taken by Lesotho, since it ratified the Charter in 1999,
to fully comply with its obligations to children under the Charter. The report highlights the
strong legislative and policy framework for the protection of Basotho children, coupled
with the practical inability to execute many of the measures outlined in the framework.
The articles of the Charter and the Guidelines for Initial Reports of State Parties guide
the content and structure here. Primary developments in more recent years are the
focus of the report, given the extensive period under review.
Lesotho is a country with a population of almost 2 million. Given that more than 50% of
citizens live below the international poverty line of $2 per day, poverty is a major
inhibitor of child rights. Children account for 49% of the population, largely owing to a
high rate of HIV and AIDS. At 23% incident rate, Lesotho has the 3 rd highest in the
world.
2.0
GENERAL ENABLING MEASURES
2.1
Legislative measures adopted to give effect to the provisions of the
Charter
Lesotho is a constitutional monarchy. The Constitution of Lesotho (1993) (the
Constitution) was in force at the time of ratification of the African Union on the Charter of
the Rights and Welfare of the Child and specifically provides in Article 32 for the
protection of children and young persons. It mandates that parliament formulate laws
and regulations to ensure all children are afforded protection and assistance, without
discrimination. It also stipulates protection from exploitation and abuse. Labour
exploitation is explicitly prohibited and the Constitution requires minimum ages for work.
In efforts to satisfy this obligation the Government of Lesotho (GoL) has passed new
legislation to bring domestic laws into harmonisation with the African Union Charter on
the Rights and Welfare of the Child.
The Children’s Protection and Welfare Act (CPW Act) was enacted in 2011. This
repealed the Children's Protection Act (1980), Adoption Proclamation (1952),
Succession and Administration of Estates Proclamation (1935) and Women and Girls
Proclamation (1949). The objects of the new Act are to extend, promote and protect the
rights of children as defined in the UN Convention on the Rights of the Child and the