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for the prevention of sexual abuse, harassment, or exploitation of students by peers or
education sector employees; enactment of legislation that shall prohibit education sector
employees from engaging in sexual activities with students.
Amendments to existing laws:
Education Act Amendment (2010) made schooling free of charge and compulsory for
children between the ages of 6 – 13 years. The Penal Code was also updated in 2010
to move away from a common law based system to restate many well-established
common law principles in statutory form. The amendments to the criminal law were at
that time conscious of Lesotho’s ratification of both the UN Convention on the Rights of
the Child and the African Unions Charter on the Rights and Welfare of the Child.
Difficulties
Although the proportion of the GoL’s annual budget allocated to children’s matters is
significantly higher than previous years, much of the funding for programs is provided by
international development aid donors such as UNICEF, Global Fund, EU, Irish Aid and
USAID. The GoL is aware that the budget in 2014 is insufficient to fully implement, for
instance, the CPW Act in all of its forms. The CPW Act is currently undergoing a full
costing exercise, being undertaken by a consultancy firm of economists. It is hoped that
when items yet to be implemented have an attached price, levying the Ministry of
Finance for further funding will render more success.
Perhaps the greatest obstacle to children’s rights and welfare in Lesotho is sociocultural – that is, a lack of understanding and acceptance of new laws when they are in
contradiction to social norms and cultural practices. For instance the practice of sending
young boys to tend livestock for long periods of time, known as herding, without proper
shelter, food and no education is in direct contravention of many provisions of the CPW
Act. It has however been practiced by many generations of Basotho and is an economic
necessity in many poverty stricken families, so it is culturally acceptable to infringe this
law. Significantly more awareness raising within remote communities is needed before
these issues can begin to be addressed.
Lesotho now has a heavy base of legislative instruments, many of which are not
employed to their fullest potential. A severe lack of relevant structures & institutions for
the proper execution of provisions under the Act is a major hurdle. There is also a
shortage of guiding regulatory documents for the implementation of the new Act. Both of
these issues lead in turn to ineffective and often significantly delayed enforcement of
provisions. The shortages mentioned are due to a combination of financial constraints,
lack of human capacity and willingness, as well as a much-needed training on
legislation and policies not being available.