Every person is inborn
with human dignity. Human dignity underpins all other human rights
which have to be observed irrespective of race, colour, sex,
language, religion, national or social origin, property, birth or
other status. Some scholars also perceive them as God given because
of their nature. It is on this premise that the Lesotho Council of
NGOs felt it necessary to create the programme of human rights
monitoring in order to promote and protect human rights in Lesotho.
Even though human rights are in born, there are certain groups of
people whose rights are glaringly violated and which LCN, through
its member NGOs are monitoring:
- The rights of
Detainees
- The rights of
Workers
- Youth and Gender
Equality
- Disability Rights
The member NGOs that
are working on this programme are:
Lesotho Youth Federation working on Youth and Gender Equality
Lesotho Clothing and Allied Workers’ Union working on workers’
rights
Blue Cross Thaba-Bosiu Centre and Centre for Empowerment and Social
Analysis working on disability rights
Development for Peace Education and Community Legal Resource and
Advise Centre working on rights of the detained persons
These organisation are collecting data through interviews within
prisons, factories, community councils, the police service, service
providers in the public and private sector and through on the spot
inspections of these facilities. Results from this work will be
published once a month through the media and LCNs website to create
a constant watch on human rights in Lesotho.
Prisons and Police Cells in Lesotho
When a person is detained, he is deprived of his fundamental rights
and freedoms; however, he still has dignity as a person and as such
has a right to be respected and must enjoy all other rights that
underpin human dignity. It follows therefore that he must be kept in
the conditions of detention that are consistent with human dignity.
The question that arises is whether the conditions in Lesotho
prisons conform to human dignity? The answer is very apparent; the
report by the Ombudsman on conditions of prisons is shocking. The
report indicates that the prison cells are inhabitable and the cells
are full to capacity. Lesotho has a long way to go insofar as human
rights are concerned particularly with the rights of detained
persons. It further has a long way to go since the Law that governs
prisons has long been outdated and does not comply with Regional or
United Nations Instruments regarding promotion and protection of
human rights. The conditions in the police cells are also abhorrent.
Some police stations do not even have police cells, but at the same
time the police have to do their job and as such keep suspects in
those cells; one therefore wonders! Where do police keep suspects?
Labour Rights in Lesotho
Besides the detained persons, we have yet another group of persons
whose rights are less considered; of note in Lesotho are the textile
workers. The Labour Code Order of Lesotho is very clear on the hours
of work, but what happens is totally the opposite. Everyday at 6:00
am taxis rush to pick up desperate textile workers who are waiting
impatiently to go to work. Knock off time is when everybody else has
long been at home. One may think that they are working overtime,
while another person may say it is their normal working hours. Where
is the Government of Lesotho and the Labour Department to protect
the rights of the Basotho nation?
Of more serious nature is their salary. Every week Public Eye
Newspaper releases the cost of living indicators and one wonders how
workers in the textile industries manage to live.
Yes, it is true that Lesotho is a developing country and as such has
to try by all means to attract foreign investors, and it is through
providing less than minimum wages that the Government will attract
foreign investors, but the disturbing issue is that these investors
are alleged to pay workers less than what is provided by the Minimum
Wages Order, 2005. This was according to Advocate Relebohile Ntene
during her presentation on Human Rights Monitoring (Workers’ Rights)
Workshop which was held at Palace Hotel on the 17th – 20th October,
2005.
Disability Rights
There is also another group which is marginalised and that is people
with disability who are normally referred to as the disabled. These
people are said to be disabled but the term is a misnomer because
they are not disabled, it is the community that they are living
within that disabled them. It is therefore the responsibility of the
Government and civil society to have facilities, such as
infrastructure that would enable these people to access everything
they want without being dependent on us who claim to be able.
The Rights of Young People and Women
Lastly, there is another disturbing issue – the involvement of youth
in governance and the participation of women in politics and
governance. The Constitution of Lesotho, which is the fundamental
and the supreme law of the land, clearly provides a right for every
citizen to take part in government. The questions that always arise
are the following:
To what extent is the participation of youth in voters’ registration
and actual voting?
To what extent is the participation of youth in governance
(parliament and executive)?
To what extend is the participation or influence in policy
formulation?
To what extend is the participation of women in politics and
governance?
Indeed, there is a problem to all the above questions. People cannot
participate when the processes of legislation making and policy
making are made behind closed doors. For other countries, a Bill
cannot be passes nor a policy adopted without having held public
forums where people air their views. It is on this premise that one
can validly argue that there is no citizen involvement in matters
that really need to be dealt as such and this by itself is a
violation of peoples’ fundamental rights which are enshrined in the
constitution.
However, the Government of Lesotho through the Ministry of Local
Government has showed its concern and sought to embark on the
affirmative action as far as women’s involvement in government is
concerned by earmarking some constituencies for women.
Lesotho as part of the International community ratified most of the
international instruments which seek to protect and promote human
rights. The biggest challenge that faces Lesotho is domestication of
these international instruments. This challenge was articulated by
the then Honourable Acting Minister of Justice, Human Rights and
Rehabilitation, Honourable Deputy Prime Minister and Minister of
Home Affairs: Honourable A.L Lehohla in his speech during the
opening of the Human Rights Monitoring Workshop which was held at
the Palace Hotel on the 17th – 20th October, 2005.
Despite the problem of domesticating these international
instruments, the Government of Lesotho is largely engaging itself in
matters of human rights through its strategies and policies. Lesotho
has moved to the direction of adopting these strategies and policies
in line with the Paris Principles on the Status and Functioning of
National Institutions for the Protection and Promotion of Human
Rights. These strategies and bodies include among others the
following:
- Police Complaints
Authority
- Ombudsman
- Justice Sector
Development Programme
- Vision 2020
- Poverty Reduction
Strategy
The Government of
Lesotho has also shown its commitment to human rights particularly
with prisoners and has as passed a bill in relation to the
protection of prisoners (Prisons Bill). This Bill serves to
accommodate the principles enshrined in the Minimum Standard Rules
for the Treatment of Prisoners and other Regional and International
Instruments.
If human rights can be promoted and protected in Lesotho, the
economy of the country will rise. Imagine what will happen to the
economy of the country if the Government of Lesotho can amend the
Minimum Wages Order and provide a sound salary for textile workers!
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