Africa-Press – Lesotho. The Minister of Law and Justice Professor Nqosa Mahao has reaffirmed the country’s commitment on the issues of Human Rights. This he said last week at
the 46th session of the United Nations Human Rights Council (UNHRC) High Level Segment in Geneva, Switzerland. Mahao said Lesotho attaches great importance to the Council and its “commendable” work.
“We are therefore gathered to reaffirm our commitment to universal dignity”. The
Minister further made an emphasis on reporting by the member countries on the state of human rights. “I would now like to turn to the state of play and measures undertaken in promoting and
protecting human rights in Lesotho. Reporting is an important tool used to assess or monitor the country’s progress in implementing the domestic implementation of human rights instruments hence improving the human rights
status of beneficiaries of such instruments,” he said. Updating the Council on the state of Lesotho’s efforts towards the establishment of the Human Rights Commission, he said the Amendment Bill operationalizing the
commission is due to be tabled before the Parliament for further engagements. The country has embarked in the process of mounting the Human Rights Commission.
The Minister added: “Awareness and educational campaigns on the Commission and its work, were held in the three regions of the country where relevant stakeholders such as District Administrators, Principal and area Chiefs, Heads
of Departments and Councilors from all the ten districts were represented. The Government remains committed to setting up a Commission that will be in line
with the Paris Principles. ” He further told them of the government’s efforts to commitment to forces with the council. “I would therefore like to reiterate Lesotho’s commitment to working in cooperation with
the Human Rights Council towards attaining a world that is free of human rights violations; where the cornerstones of democracy, good governance and human
rights prevail. ” In January 2020, Lesotho participated in the third cycle of the Universal Periodic Review (UPR) Mechanism. In view of creating a conducive
legal frame work for protection of human rights, the country had introduced some reforms and made amendments to its legal instruments. Some of those laws include; Sexual Offences
Act 2003 which is more inclusive in approach as it covers the rights of disabled persons, children, men and women. It also deals with the areas which were not included under common law regarding rape offence.
Also, in 2006 the country enacted the Legal Capacity of Married Persons law which “removes the minority status of married women and marital power of the husband over the person and property” giving the women equal ownership
in joint estate. On the right to privacy and family life, the Council remarked thus: “UNHCR stated that the ambiguity surrounding the legality and illegality of homosexual relations
negatively affected the economic, social and cultural rights of LGBTI [Lesbian, Gay, Bisexual, Transgender and Intersex] persons. Although sodomy was prohibited as a common law offence, same-sex relations between women were not
overtly proscribed under the current legislation. “The Criminal Procedure and Evidence Act prohibited male homosexuality and sodomy was listed as one of the offences for which arrests could be made without a
warrant. Although the 2010 Penal Code Act brought about the implied legalization of same sex relations, the offence of sodomy had not been explicitly repealed.
UNHCR recommended that Lesotho repeal legislation criminalizing male homosexuality. “UNHCR stated that the marriage institution in Lesotho was an exclusive domain of
heterosexuals. Moreover, although no mention of homosexuals was made anywhere in the Adoption Proclamation, homosexuals were not able to adopt a child as a
couple because they were not allowed to enter into the institution of marriage and because of the criminalization of male homosexuality. ” Lesotho is party to the iconic Universal Declaration of
Human Rights since 1992 along with other regional and international instruments which advocate for promotion and protection of human rights. The UNHRC is the United Nations body which is charged with the mission of promoting and protecting human rights around the world.
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