THE KINGDOM OF LESOTHO COMBINED SECOND TO EIGHTH PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS AND INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA 485. Customary rules relating to inheritance also inhibit women’s access to loan facilities as they often do not have land to place as collateral for home loans. ARTICLE 17: THE RIGHT TO POSITIVE CULTURAL CONTEXT Constitutional measures 486. Section 35 of the Constitution provides that Lesotho shall endeavour to ensure that every citizen has an opportunity to freely participate in the cultural life of the community. The term ‘every citizen’ thus includes women. Legislative measures 487. Although section 10 of the Chieftainship Act 1968 limits succession to chieftainship to male children, the Act however does not totally exclude women from participation in their culture through traditional leadership. The Act allows women to act in the office of chiefs when they are away or unable to carry out their duties for any reason, to act as regents when their sons are minors, or to be chiefs in their own rights when they do not have male children. 488. Section 17 of the Children’s Protection and Welfare Act 2011 mandates Lesotho to protect all children from harmful traditional practices. Administrative measures 489. Gender and Development Policy of 2003 provides that positive aspects of the Sesotho culture shall be retained and used for protection of previously marginalised groups such as women. As a result, women and girls in Lesotho do not face any major barriers to participate in the cultural life of their communities. 490. The department of Culture within the Ministry of Tourism, Environment and Culture has put in place several activities aimed at preservation of culture in Lesotho. The 171

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