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The CGPU could use more broad training in trafficking as there is still some confusion
about what constitutes trafficking. For instance the removal of a child across a border is
not necessarily trafficking within the legislative definition. Investigations into trafficking
are expensive and CGPU are not equipped with nearly enough financial resources.
Translators are also few in Lesotho which makes communication with victims and
offenders difficult.
There are no places of safety for male victims of trafficking, as Beautiful Dream Society
receive women only.
9.8
Child victims of harmful social and cultural practices that affect the
well being, normal growth and development of the child
9.8.1 Child marriage and betrothal of girls and boys (Article 21.2) &
Forced and early marriage (Article 21.2)
Legislative
CPW Act says that no child shall marry, which means no one under age of 18. The
Sexual Offences Act (2003) states that marriage will not be a defense to any offences
under this Act. Legal Capacity of Married Persons Act (2006) gives equal rights to
spouses, for example a woman’s right to inherit property upon the death of the husband.
Even where they are a child, they are still entitled to these protections as a wife. Women
are also granted the right to enter into a contract in their own name.
Administrative
The Gender and Development Policy of 2003 speaks about preventing child marriage
as a necessary tool to break the cycle of poverty and gender degradation. The more
educated a girl is, the less likely she is to marry young.
As previously noted the National Action Plan on Gender-based Violence is also relevant
here.
Difficulties
The recent assessment of the situation of vulnerable children in Lesotho conducted by
the MOH indicated that for girls aged 14-17 who were not in school (13,219), a total of
1742 (13.3 percent of all girls not in school) were not in school because they were
married. This amounts to 1.4 percent of all girls aged 14-17, out of a total of 126,676. A
further 1,567 (11.9 percent of all those girls not in school or 1.2 percent of all girls aged
14-17) were not in school because they were pregnant.
The adoption of the CPW Act raised the age requirement for written consent to 18
years, for legal guardians to approve the marriage of a minor boy or girl. Despite the
presence of laws to protect children, early and forced marriage, including marriage by