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TITLE: LESOTHO HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
LESOTHO
Lesotho held democratic elections in March, marking the end of
7 years of military rule and 23 years of unconstitutional
rule. The Basotholand Congress Party (BCP) won all 65 seats in
the Assembly (lower house) and formed a Government under Prime
Minister Dr. Ntsu Mokhehle. The upper legislative house, the
Senate, is comprised of the Kingdom's 22 principal chiefs and
10 members nominated by the Council of State. Given the
absence in the Assembly of any opposition party
representatives, the BCP offered to nominate 4 opposition party
members among the 11 appointive Senate seats. Only one clearly
identified opposition politician accepted. Several Cabinet
members were also appointed from the ranks of the opposition.
Coincident with the assumption of power by the BCP Government
on April 2, Lesotho's new Constitution came into force. After
the election, controversy over who should rightfully occupy
Lesotho's throne died down. King Letsie III continued as
monarch despite the presence of his father, ex-King Moshoeshoe
II, who returned in 1992 from exile imposed by the military
government in 1990. The new Constitution clearly defines the
king's role as ceremonial.
The Royal Lesotho Defense Force (RLDF) of about 2,500 troops is
responsible for internal and border security. The RLDF is
assisted by the Royal Lesotho Mounted Police (RLMP) of about
2,000 men and women. The RLDF is responsible to the Minister
of Defense (a portfolio held by the Prime Minister) while the
RLMP answers to the Home Affairs Minister. However, both
services' actions and policies are under the ultimate control
of the service chiefs through the Defense Commission, not under
the control of Parliament. Members of both forces occasionally
beat or otherwise mistreat detainees.
A landlocked country surrounded by South Africa, Lesotho is
almost entirely dependent on its sole neighbor for trade,
finance, employment, and access to the outside world. A large
proportion of the adult male work force is employed in South
African mines. Miners' remittances play a substantial role in
Lesotho's balance of payments, accounting for around 40 percent
of gross national product in 1992. State-owned organizations
predominate in the agroindustrial and agribusiness sectors, but
private sector activity dominates in manufacturing and
construction. Under Lesotho's traditional chieftainship
structure, land is controlled by the chiefs and owned by the
kingdom, precluding private ownership of property.
Human rights in 1993 were accorded increased attention by the
civilian Government but serious abuses occurred. The elections
were peaceful, free, and fair, according to over 130
international observers, and during the election process the
freedoms of speech, press, and assembly expanded. However,
police brutality continued against detainees, criminal
suspects, and trade unionists. No government action to curb
police brutality was taken. The Government appeared to condone
harsh police measures against legitimate trade union
activities. Women's rights continued to be severely
restricted. Parliament scaled back but did not completely
remove restrictions on freedom of assembly. The Internal
Security Act of 1984 (ISA), as amended in 1986, with its
draconian limitations on basic civil and political liberties,
including provisions for lengthy detentions without trial,
remained in force. The Government acknowledged that a number
of laws were inconsistent with human rights guarantees of the
new Constitution but did not act to repeal them.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reported incidents of political killing in 1993,
but local press and parliamentary inquiries identified at least
two extrajudicial killings. The Government announced its
intention to charge two RLMP troopers with murder in one case.
Excesses by law enforcement agencies continued, including fatal
shootings of criminal suspects. One person was killed by
police during a labor dispute. There were no investigations
into any of the dozens of allegations of police brutality,
including deaths in custody, suffered prior to 1993 by trade
unionists and criminal suspects.
b. Disappearance
There were no reports of politically related disappearances in
1993.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Credible reports of police brutality, including beatings of
detainees, continued during 1993. There were continued reports
of random beatings of civilians by police and military
personnel. On July 2, police attacked and clubbed trade
unionists marching peacefully to present a petition; several
marchers were hospitalized. There were several other incidents
of police brutality against trade unionists, notably those
involved in strikes against garment manufacturers. No known
investigations or other official measures were launched as a
result of these practices. Prison facilities are overcrowded
and in need of repair. There was no progress on an
investigation into allegations that RLDF Captain Samuel Tumo
was tortured during his incarceration on a charge of murder in
1990.
d. Arbitrary Arrest, Detention, or Exile
About a dozen cases of arbitrary arrest of trade unionists for
violation of provisions of the ISA came to light in 1993. The
General Secretary of the Construction and Allied Workers Union
of Lesotho was arrested while leading a peaceful march July 2
for having failed to obtain prior police permission as then
required under the ISA. Other arbitrary arrests occurred in
the course of demonstrations against various factories by
striking garment industry workers. In general, pretrial
detainees constitute a significant portion of total prison
population; up to one-half, in some locations. Pretrial remand
can last several years.
In civil and criminal cases, persons arrested or detained have
the right to immediate consideration of habeas corpus appeals
as well as the right to legal counsel. The 1981 Criminal
Procedures and Evidence Act, as amended in 1984, provides for
the granting of bail. Under the Act, the High Court is the
only judicial body empowered to grant bail in cases of armed
robbery or homicide.
Although it was acknowledged by the Government to be partly
inconsistent with human rights guarantees in the new
Constitution, the Internal Security (General) Act (ISA) of 1984
remained in force. The ISA provides for so-called
investigative detention without charge or trial in political
cases for up to 42 days (the first 14 days on order of the
police; the second 14 days on order of the Police Commissioner;
and the final 14 days on order of the Minister of Defense -- a
portfolio now held by the Prime Minister). A political case is
defined as involving "subversion," defined in the ISA to
include "supporting, propagating, or advocating any act or
thing prejudicial to public order, the security of Lesotho, or
the administration of justice; connection, association, or
affiliation with or support for an unlawful organization;" and
other similarly loosely defined transgressions, most within the
judgment of a police officer. During the second stage of the
detention, ministerially appointed "advisers" (all of whom have
to date been government employees) are available to report on
the health of the detainee, investigate whether the detainee
has been involved in subversive activities, and advise the
Minister of Defense whether continued detention is needed.
Detainees under the ISA may make representation about their own
treatment only through the adviser. The ISA also allows for
detention of witnesses in security cases. There were no known
detentions under the ISA in 1993; legal professionals held that
any such attempt to detain persons would promptly be declared
unconstitutional by the High Court. The ISA also allows the
Minister of Defense to "restrict" a person who, in the opinion
of the Police Commissioner, is conducting himself in a manner
prejudicial to public order, security, administration of
justice, or obedience to the law or lawful authority; there
were no known "restrictions" in 1993.
The ISA was used in 1993 to charge trade unionists with illegal
assembly, although no unionist was ever brought to trial.
Pressure from Parliament and the Lesotho Human Rights Alert
Group grew throughout 1993 to scrap the ISA in order to bring
Lesotho's Legal Code into compliance with the Constitution. At
year's end, Parliament was debating establishment of a law
reform commission which would review all laws for consistency
with the Constitution and each other.
e. Denial of Fair Public Trial
The judiciary consists of the Court of Appeal (which meets
semiannually), the High Court, magistrate's courts, and
customary or traditional courts, which exist largely in rural
areas to administer customary law. Judges on the High Court
are relatively independent; magistrates appear more susceptible
to governmental or chieftainship influence. The Court of
Appeal's early 1993 release on bail of a royalist army officer
convicted of conspiracy to murder, a person greatly feared by
the then ruling military council, demonstrated its
independence. Court decisions and rulings are respected by the
authorities and are generally free of interference by the
executive. Accused persons have and use the right to counsel
and public trials. The courts have acted to limit
infringements of law on numerous occasions in past years, e.g.,
the April 1988 annulment on procedural grounds of the state of
emergency, which, however, the military government then in
power quickly reinstituted.
Under the system of Roman-Dutch law applied in Lesotho, there
is no trial by jury. Criminal trials are normally adjudicated
by a single High Court judge who presides, with two assessors
serving in an advisory capacity. In civil cases, judges
normally hear cases alone. The High Court also provides
procedural and substantive advice and guidance on matters of
legal procedure to military tribunals; however, it does not
participate in arriving at judgments. Military tribunals have
jurisdiction only over military cases.
An inquiry into the 1986 slayings of two former Cabinet
ministers and their wives, initiated by the Attorney General in
November 1989, resulted in the arrest, trial, and conviction of
two military personnel; those convictions were upheld by the
Court of Appeal in 1993.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Although search warrants are usually required, the ISA provides
police with sweeping powers to enter and search homes and cars
without a warrant when the presence of explosives or the
"unlawful use of radio transmitters" is suspected. Such
searches occurred generally in the context of police operations
against criminal activity, primarily theft. The Government is
believed routinely to monitor telephone conversations of senior
officials and some foreigners on national security grounds.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Prior to March 1993 elections, the government-controlled press
continued editorial warnings to royalists and partisans of
ex-King Moshoeshoe II against interference in the elections
during the weeks leading up to the vote. Political meetings
were covered impartially, and all political parties were
allotted time by government-controlled media. Following the
election, the new Minister of Information and Broadcasting
encouraged the independent and government-owned media to report
impartially on newsworthy events. Opposition viewpoints were
routinely expressed in the independent press, which consisted
of Sesotho-language weekly newspapers published by the Roman
Catholic Church and the Lesotho Evangelical Church, and two
independent English-language weeklies.
The Government controls the official media (one radio station,
a 1-hour daily newscast on a local television channel, and two
weekly newspapers) and ensures that they faithfully reflect
official views. Prior to the elections, however, the
Government made available free time on television and radio to
each of the 16 contesting political parties. There were
charges that government media gave favorable preelectoral
coverage to the political activities of the Basotho National
Party (BNP).
Academic freedom was generally respected. Political meetings
were held on the National University campus during the election
campaign.
b. Freedom of Peaceful Assembly and Association
The police prevented several peaceful assemblies of union
members in 1993. Prior to the elections, the Government
prevented several planned public meetings of supporters of
ex-King Moshoeshoe II. However, political party meetings and
rallies, particularly those held by the two main parties, the
BCP and BNP, occurred regularly throughout the country in
preparation for the vote. Nonpolitical organizations and
professional groups were freely formed and allowed to hold
public and regular meetings.
Under a mid-1993 revision of the ISA, a public meeting, rally,
or march no longer requires prior police permission, only
advance notification. Police or local authorities may still
restrict or prohibit such gatherings on loosely defined "public
order" grounds.
c. Freedom of Religion
There is no state religion. Free and open religious practice
is permitted and encouraged. Christianity is nominally the
dominant faith of the majority of Basotho, and Roman
Catholicism has the most adherents, although less than half of
the population. A significant Protestant minority is composed
of the Lesotho Evangelical Church, the Anglican Church, and a
number of smaller denominations. Conversion is permitted. No
apparent social or political benefit or stigma is attached to
belonging to any particular church. There are no barriers to
missionary activity or work by foreign clergy.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens generally are allowed to move freely within the
country and across national boundaries. The Government
distinguishes between "international" passports and "local"
passports. The latter, which are the more readily available,
are for use only in travelling to South Africa, as many Basotho
do on a regular basis for work or shopping. A refundable
deposit of up to $730 (2,500 maluti), depending on the
destination, is required to obtain an international passport,
in theory to cover the cost of eventual repatriation if
necessary. The Government places no obstacles in the way of
its own citizens who wish to emigrate. As of late 1993, fewer
than 100 refugees, the majority of them South Africans, who
were registered with the United Nations High Commissioner for
Refugees (UNHCR) had been granted asylum in Lesotho. The local
office of the UNHCR also reported over 4,000 South Africans in
"refugee-like status;" most have lived in Lesotho for many
years. There is no forced resettlement of refugees. The UNHCR
closed its Lesotho office in mid-1993, owing to the lack of new
refugee cases.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens exercised their right to choose their own government
in 1993 for the first time in over 20 years. The March 27
multiparty elections were judged free and fair by over 130
international observers. Under its new Constitution, Lesotho
has a democratically elected Parliament with universal suffrage
for those over 21, an independent judiciary, and a
constitutional monarch. National elections are to be held
again no later than 1998. The Constitution is based largely on
the independence Constitution of 1966, modified by the National
Constituent Assembly which met intermittently from 1990 to 1992.
The new civilian Cabinet includes Lesotho's first female
cabinet minister. While there are no legal impediments to
women's participation in government or politics, many practical
impediments exist. As noted in Section 5, married women are
considered minors under law, requiring permission from their
husbands for basic business activities (e.g., opening a bank
account). Single women face a social stigma that mitigates
against their achieving senior positions in the private or
public sector (although there are prominent exceptions,
including the Ministry of Foreign Affairs chief civil servant.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government did not hinder the activities of the Lesotho
Human Rights Alert Group, the umbrella nongovernmental
organization (NGO) formed in 1992, which aimed to bring under
its leadership all other NGO's active in human rights issues.
Union allegations of worker rights' violations and official
anti-unionism were aired by the media, including
government-controlled media.
The Government worked closely with the International Labor
Organization (ILO) in preparing and implementing a new labor
code.
Section 5 Discrimination based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
The rights of women are severely limited by both law and custom
in such areas as property, inheritance, and contracts. Women
have the legal and customary right to make a will and sue for
divorce. However, under Lesotho's customary law, a married
woman is considered a minor during the lifetime of her husband;
she cannot enter into any legally binding contract, whether for
employment, commerce, or education, without her husband's
consent. A woman married under customary law has no standing
in court and may not sue or be sued without her husband's
permission. Women traditionally have been the stabilizing
force in the home and in the agricultural sector, given the
absence of tens of thousands of Basotho men who work in South
Africa. More female than male children complete primary and
secondary schools, and literacy rates are estimated to be
higher among women than among men. No government has seriously
addressed the issue of women's rights.
Domestic violence, including wife beating, occurs frequently.
Statistics are not available, but the extent of the problem is
thought to be great. In Basotho tradition, a wife may return
to her "maiden home" if physically abused by her husband; in
the common law, wife beating is a criminal offense and defined
as assault. A 1976 High Court case reversed a Roman-Dutch
legal tradition which recognized a husband's right to chastise
his wife at will. Women's rights organizations have formed.
The local chapter of the International Federation of Woman
Lawyers has taken a leading role in educating Basotho women
about their rights under customary and common law and
highlighted the importance of women's full participation in the
democratization process. Women in Business is an advocacy
group that seeks to promote the empowerment of independent
businesswomen.
Children
The Government devotes substantial resources to primary and
secondary education, and enrollment rates are relatively high.
There is no pattern of societal abuse against children. Young
"herdboys" live a rigorous and harsh existence tending their
parents' cattle, sheep, or goat herds and often miss formal
schooling as a result. This practice constitutes a socially
entrenched rite of passage.
National/Racial/Ethnic Minorities
Most citizens speak a common language and share common
historical and cultural traditions. Small numbers of Asians
(primarily ethnic Chinese and Indians) and South African whites
are active in the country's commercial life. Economic and
racial tension between the Chinese business community,
specifically textile industry employers, and the Basotho
remained an issue in 1993. There was no generalized,
ethnically based violence as occurred in 1991, but foreign shop
owners remained subject to the 1987 Trading Enterprise Order,
which calls on foreign owners to enter into joint ventures with
Basotho nationals. Although equity transfers would entail
compensation and the program has not been strongly enforced, it
remains a concern to non-Basotho businesspeople.
People with Disabilities
The Government has not legislated or mandated physical
accessibility to public buildings for the handicapped.
Section 6 Worker Rights
a. The Right of Association
Workers have the legal right to join or form unions without
prior government authorization. A large portion of the active
male labor force between the ages of 20 and 44 seeks work in
the Republic of South Africa, mainly in gold and coal mines.
Most of the remainder are engaged in traditional agriculture.
The rest are employed mainly by the Government and in small
industries and enterprises in Lesotho. A majority of Basotho
mineworkers are members of the South African National Union of
Mineworkers (NUM). Because the NUM is a foreign organization,
it is not permitted to engage in union activities in Lesotho.
Under a new Labor Code, prepared with the assistance of the ILO
and effective in April, all trade union federations were
required to seek government registration. The Government has
withheld registration from the Congress of Democratic Unions
(CDU) since its formation by four recognized independent unions
in 1991. The Labor Commissioner maintained in 1993 that the
CDU still did not meet registration requirements under the new
code, but the authorities took no action to inhibit CDU
activities. The Government's refusal to register the CDU was
in part an effort to require it to join a rival federation, the
officially recognized Lesotho Labor Congress (LLC), composed of
24 affiliated trade unions.
Overall, unionized workers represent only about 10 percent of
the total work force. The Lesotho Allied Clothing and Textile
Workers Union is the only major industrial union within the
LLC. All major unions professed political neutrality in the
elections. After the elections, tension increased dramatically
between labor and employers, with particularly frequent and
violent confrontations occurring in the textile and garment
industries. Although the newly elected Government voiced no
hostility toward unions, it appeared to condone harsh police
measures against wildcat strikers, including teargassing,
beatings, and detentions or arrest.
Settlement procedures are so lengthy and cumbersome that no
legally sanctioned strike has occurred in Lesotho since
independence in 1966. Dozens of strikes occurred in 1993,
particularly amid heightened expectations among workers after
the March elections, but none was recognized as "legal" by the
Government. Legal protection for strikers against retribution
has not been enforced in cases of illegal strikes; several
hundred workers in the textile industry were dismissed in 1993
following wildcat strikes, and the Government maintained it
could not oblige their employers to reinstate them.
Workers engaged in peaceful assembly were in 1993 harassed by
police. In one case, members of the Construction and Allied
Workers Union of Lesotho (CAWULE) were in early July
teargassed, assaulted, and arrested when attempting to march
peacefully to deliver a petition to the Minister of Labor.
CAWULE members were charged with violating the Internal
Security Act of 1984 by failing to obtain permission to march;
CAWULE claimed that it had requested such permission but the
police never responded.
The ILO's Committee on Freedom of Association noted the
Government's 1993 response to a complaint lodged in 1992
concerning intimidation of CAWULE activities at the Lesotho
Highlands Water Project construction site. The Committee,
however, asked to be kept informed of developments in this
case, reflecting an incomplete governmental response to charges
made.
There were no instances in 1993 of governmental restrictions on
international affiliations or contacts by unions or their
members.
b. The Right to Organize and Bargain Collectively
All legally recognized trade unions in Lesotho in principle
have the right in law to organize and bargain collectively, but
exercise of these rights is often thwarted. There was some
minor bargaining between unions and employers to set wage and
benefit rates in 1993, although wage rates continued to be set
primarily through unilateral action by employers.
Credible reports of government acquiescence to private
employers' intimidation of union officials continued. In one
case, members of a local executive committee of the Lesotho
Amalgamated Clothing and Textile Workers Union (LACTWU) were
prevented by police from meeting. An Unfair Labor Practices
Tribunal investigates unfair labor practices and charges of
antiunion discrimination. Both the LLC- and CDU-affiliated
unions charge the Government with maintaining an antiunion bias.
Lesotho has several industrial estates grouping together
companies, mostly textile and apparel firms, engaged in
manufacturing for export. All national labor laws apply in
these industrial zones, but LACTWU officials charge that the
Government colludes with industry employers to inhibit union
organizational activities in the workplace.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by the 1987 Employment
Act, and there is no indication of its practice.
d. Minimum Age for Employment of Children
The legal minimum age for employment in commercial or
industrial enterprises is 15. Persons under age 16 may not
work more than 4 consecutive hours without a 1-hour break, nor
may they work more than 8 hours per day. In practice, however,
children under 14 are employed in family-owned businesses. The
employment of minors in commercial, industrial, or nonfamily
enterprises involving hazardous or dangerous working conditions
is prohibited. Basotho under 18 years of age may not be
recruited for employment outside the country. Enforcement of
these laws by inspectors of the Ministry of Labor and
Employment is lax. In Lesotho's traditional society, rigorous
working conditions for the country's young "herdboys" are
considered a prerequisite to manhood and a fundamental feature
of Basotho culture beyond the reach of labor laws.
e. Acceptable Conditions of Work
Wages are extremely low. The Government, following the
recommendation of a tripartite wages advisory board, last
raised the statutory minimum wage rates for various types of
work in 1992. Monthly minimum wage rates in the established
categories range from the equivalent of $75 for a messenger to
$144 for a heavy-vehicle driver. At the low end, wages at
these rates are insufficient for a minimum decent standard of
living for a worker and family. Most wage earners supplement
their monthly income through subsistence agriculture or
remittances from relatives employed in South Africa. Many
employers in Lesotho now pay more than minimum wages in an
effort to attract and retain motivated employees.
The 1993 Labor Code spells out basic worker rights, including a
45-hour workweek, a weekly rest period of at least 24 hours, 12
days' paid leave per year, and paid public holidays. Employers
are required to provide adequate light, ventilation, and
sanitary facilities for employees, and to install and maintain
machinery in ways which minimize the risk of injury. In
practice, these regulations are generally followed only within
the wage economy and are enforced haphazardly by inspectors
from the Department of Labor of the Ministry of Labor and
Employment. Staff shortages in the Ministry limit effective
enforcement to the major urban areas.
[end of document]
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