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Lesotho - Universal Periodic Review

UPR 35, January 20-31, 2020
Recommendations by Canada

Background

According to UPR Info, a non-profit, non-governmental organization (NGO) that tracks the Universal Periodic Review (UPR) process, in the first two cycles of the UPR Lesotho received 307 recommendations, of which 234 were accepted (an acceptance rate of 76%). Canada’s previous recommendations to Lesotho related to women’s rights, rights of the child, freedom of opinion and expression, LGBTI rights, HIV-AIDS, education, and media freedom.

Lesotho is a state party to most major international human rights instruments. Since its last UPR, concrete efforts have been made towards greater gender equality in Lesotho. For example, the primary draft policy for advancing gender equality entitled, “Gender and Development Policy 2017-27” is awaiting cabinet approval. Despite positive steps taken, gender-based violence and domestic abuse remains widespread and underreported. In situations where cases are prosecuted, victims face lengthy delays due to lack of court resources.

The constitution and law provide for freedom of expression. However, there continues to be issues protecting freedom of the press. There have been several reported instances of intimidation, and journalists, the media, and political activists continue to be threatened. In September 2017, authorities closed MoAfrika FM radio station for 72 hours and detained the station’s editor-in-chief for several hours. In August 2017, an exiled investigative journalist received death threats for comments she posted on social media about human rights violations in Lesotho.

In recent years, Lesotho has made efforts towards eliminating child labour. Current law defines the legal minimum age for employment as 15, or 18 for hazardous employment. However, effectively enforcing minimum age laws for employment remains a challenge.

Prison conditions in Lesotho remain poor due to issues of overcrowding, violence, inadequate sanitary conditions and lack of medical care.

Lesotho has taken positive steps towards the protection of the rights of the child and has committed to ending child marriage by the end of 2020. However, current civil law defines a child as under the age of 18, but provides for a girl to marry at 16 and customary law does not set a minimum age for marriage.

Recommendations

Thank you, Madam President.

Canada thanks Lesotho for its presentation and welcomes its commitment to end child marriage by the end of the year 2020.

Canada recommends that Lesotho:

1. Develop and implement public awareness campaigns against domestic violence and ensure the draft Lesotho Domestic Violence Bill is passed and implemented.
2. Amend or repeal section 18(4)(c) of the Constitution of Lesotho, which allows for discrimination against women with respect to adoption, marriage, divorce, burial, and devolution of property on death.
3. Enact legislation that ensures freedom of the press.
4. Strengthen mechanisms to combat child labour by amending the legislative framework to ensure all children under the age of 18 are protected from all forms of forced labour and hazardous employment conditions.
5. Allocate additional resources to address overcrowding, inadequate sanitary conditions and lack of medical care in prisons and detention centres.

Canada continues to be concerned about the legislative framework allowing for discrimination based on sexual orientation and gender identity. Canada also has concerns regarding the use of force by law enforcement and encourages Lesotho to make concerted efforts to offer training programs to police officers on the prevention of arbitrary arrests and torture. In addition, Canada encourages Lesotho to allocate additional resources to improve access to potable water and improve sanitation.