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
ARTICLE 5: RIGHT TO DIGNITY, PROHIBITION OF TORTURE AND SLAVERY
Constitutional measures
37. The Constitution of Lesotho entrenches a number of rights in recognition of the right to
dignity. The right to dignity is an inherent right of every human being by virtue of being
human, unqualified in its application. Section 8 of the Constitution protects the right to
freedom from torture and other inhuman or degrading treatment in the following words:
(1) No person shall be subjected to torture or to inhuman or degrading
punishment or other treatment.
(2) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of this section to the extent that the
law in question authorises the infliction of any description of punishment that
was lawful in Lesotho immediately before the coming into operation of this
Constitution.
38. Section 9 of the Constitution of Lesotho entrenches the freedom from slavery and forced
labour. Limitations with regard to forced labour are:
(a) Any labour required during any period when Lesotho is at war or a declaration of
emergency;
(b) Any labour reasonably required by law as part of reasonable and normal
community or other civic obligations;
(c) Any labour required in consequence of a sentence or order of court;
(d) Any labour required of a person in lawful detention necessary for the interests of
proper hygiene or maintenance of a place at which he is detained and
(e) Any labour required of a member of a disciplined force.18
18
Constitution of Lesotho section 9(3).
16