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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
CCPR/C/79/Add.106
Last reported: 1April 1999
Concluding Observations issued: 8 April 1999
Issues raised:
Abortion: The Committee is concerned that the law in force in Lesotho makes abortion illegal except in cases where the woman concerned is of unsound mind or the conception is the result of rape or incestuous intercourse. The Committee recommends the State party to review the law of abortion to provide for situations where the life of the woman is in danger. (Paragraph 11).
Female genital mutilation: The Committee expresses its grave concern about the fact that the practice of female genital mutilation appears to continue to exist in parts of Lesotho, as noted in the report of the Special Rapporteur on Violence against Women. The Committee calls for the eradication of this practice, which is contrary to human dignity and violates various human rights, including the right to life (article 6) and the right to protection against cruel, inhuman and degrading treatment (article 7), and recommends that the practice be made punishable under law and that educational programmes be undertaken in this regard. (Paragraph 12).
Corporal punishment: The Committee expresses concern about the treatment of detainees in contravention of articles 7 and 10 of the Covenant. While it notes the statement by the delegation that corporal punishment has been abolished, it observes with concern that the State party report indicates that corporal punishment is still being practised, provided that medical doctors are present. The Committee urges the State party to take the necessary measures to improve prison conditions and to abolish totally corporal punishment both in law and in practice. (Paragraph 20).
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UN Committee on Economic, Social and Cultural Rights
Ratified in 1992, but not yet reported.
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UN Committee on the Elimination of Racial Discrimination
CERD/C/304/Add.99
Last reported: 17 / 20 March 2000
Concluding Observations issued: 10 April 2000
Issues raised:
No mentions of children's rights
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UN Committee on the Elimination of Discrimination against Women
(CEDAW/C/LSO/1-4)
Last reported: 11 October 2011
Concluding Observations issued: 21 October 2011
Issues raised:
Stereotyping and harmful traditional practices: The Committee recognizes the rich culture and traditions of the State party and their importance in daily life. However, the Committee expresses its serious concern about the persistence of harmful norms, practices and traditions, patriarchal attitudes and deep-rooted stereotypes, regarding the roles, responsibilities and identities of women and men in all spheres of life, as well as the State party’s limited efforts to address such discriminatory practices directly. These include, in particular, polygamy and bride price (Bohali). The Committee is concerned that such customs and practices perpetuate discrimination against women and girls, that they are reflected in women’s disadvantageous and unequal status in many areas, including education, public life, decision-making and in the persistence of violence against women, and that, thus far, the State party has not taken sustained measures to modify or eliminate stereotypes and negative traditional values and practices. (Paragraph 20).
The Committee urges the State party to:
(a) Put in place, without delay, a comprehensive strategy to modify or eliminate patriarchal attitudes and stereotypes that discriminate women, in conformity with the provisions of the Convention. Such measures should include efforts, in collaboration with civil society and community and religious leaders, to educate and raise awareness of this subject, targeting women and men at all levels of the society;
(b) Use innovative measures that target media people to strengthen understanding of the equality of women and men and through the educational system to enhance a positive and non-stereotypical portrayal of women;
(c) Monitor and review the measures taken in order to assess their impact and to take appropriate action.
Violence: The Committee expresses its concern at the high prevalence of violence against women in the State party, in particular, domestic and sexual violence, which remains, in many cases, underreported, as well as at the absence of an expressed political will to place high priority on the elimination of violence against women. While welcoming the enactment of the Sexual Offences Act in 2003, recognizing marital rape as an offence, the Committee is deeply concerned at the absence of a specific legislation to eliminate violence against women, including domestic violence and at the use of mediation in cases of violence, which can lead to re-victimization of women who have suffered from violence. While noting the establishment of the roving legal aid clinics and the launch of the Pilot Project at Lapeng Care Center, the Committee is concerned that this is the only center in the country providing services to victims of violence, and that this center provides only “day service”, and is not exclusively for women victims of domestic violence. (Paragraph 22).
The Committee urges the State party to:
(a) Give high priority to the enactment of the draft Domestic Violence Bill and to put in place comprehensive measures to prevent and address violence against women and girls, recognizing that such violence is a form of discrimination against women and constitutes a violation of their human rights under the Convention and a criminal offence and ensuring that women and girls who are victims of violence have access to immediate means of redress and protection and that perpetrators are prosecuted and punished, in accordance with the Committee’s general recommendation No. 19;
(b) Provide mandatory training for judges, prosecutors and the police, especially for those who conduct mediation procedure, on the strict application of legal provisions dealing with violence against women and train police officers on procedures to deal with women victims of violence;
(c) Encourage women to report incidents of domestic and sexual violence, by de-stigmatizing victims and raising awareness about the criminal nature of such acts;
(d) Provide adequate assistance and protection to women victims of violence, by strengthening the capacity of shelters and crisis centres, especially in rural and remote areas, and enhancing cooperation with NGOs providing shelter and rehabilitation to victims
(e) Collect statistical data on domestic and sexual violence disaggregated by sex, age, nationality and relationship between the victim and perpetrator.
Trafficking and exploitation: While welcoming the enactment of the Anti-Trafficking in Persons Act (2011) to implement the Protocol to Prevent, Suppress and Punish Trafficking in Persons, supplementing the United Convention against Transnational Organized Crime, the enactment of the Children’s Protection and Welfare Act (2011), and the MOU with South African police, the Committee remains concerned at the continuing prevalence of trafficking in women and girls in the country, as well as at low reporting rate. The
Committee is also concerned at the lack of shelters and counselling services in the State party for victims of trafficking and prostitution. (Paragraph 24).
The Committee calls upon the State party to fully implement article 6 of the Convention, including through:
(a) Effective implementation of the new legislation on trafficking, ensuring that perpetrators are prosecuted and punished and victims adequately protected and assisted;
(b) Addressing root causes of trafficking and prostitution, including poverty, in order to eliminate vulnerability of girls and women to sexual exploitation and trafficking and to undertake efforts for the recovery and social integration of the victims;
(c) Providing training on how to identify and deal with victims of trafficking, on provisions of the anti-trafficking legislation to the judiciary, law enforcement officials, border guards and social workers in all parts of the country, especially in rural and remote areas;
(d) Ensuring a systematic monitoring and periodic evaluation, including the collection and analysis of data on trafficking and exploitation of women in prostitution, and to include such data in its next periodic report;
(e) Increasing efforts at international, regional and bilateral cooperation with countries of origin, transit and destination to prevent trafficking through information exchange and to harmonize legal procedures aiming at prosecution of traffickers; and
(f) Taking necessary steps to ensure that trafficked women and girls have access to quality medical care, counselling, financial support, adequate housing and training opportunities, as well as access to free legal services.
Education: The Committee commends the State party for the gains achieved in the education of girls and women as reflected in the high literacy rate (72%), as well as for the enactment in 2010 of Education Act, which provides for free and compulsory education. The Committee is, however, concerned at the sharp decline in enrolment for the primary and secondary levels, as well as at the segregation of fields of study at the post-secondary level with women and girls concentrated in traditional feminized areas, as well as at their underrepresentation in technical-vocational education and the consequences of these trends for women’s underrepresentation in the paid labour force. The Committee also expresses its concern at the high number of girls who suffer sexual abuse and harassment in schools by both teachers and classmates, as well as the high number of girls who suffer sexual violence while on their way to/from school. (Paragraph 28).
The Committee urges the State party to enhance its compliance with article 10 of the Convention and to raise awareness of the importance of education as a human right and as the basis for the empowerment of women. To this end, it urges the State party to:
(a) Ensure equal access of girls and women to all levels and fields of education, take steps to increase capacity for girls at the secondary level, as well as overcome traditional attitudes that in some areas may constitute obstacles to girls’ and women’s education;
(b) Implement measures to eliminate traditional stereotypes and structural barriers that might deter girls’ enrolment in science and mathematics education at the secondary and tertiary levels of the education system;
(c) Increase efforts to provide career counselling for girls that expose them to options related to non-traditional career paths in science related professions,
(d) Provide safe educational environment free from discrimination and violence, as well as safe transportation to and from schools,
(e) Strengthen awareness-raising and training for school officials and students, and the sensitization of children through the media; and establish reporting and accountability mechanisms to ensure that perpetrators of sexual abuse and harassment are prosecuted and punished.
Health: While noting the State party’s activities in the area of health, such as Campaigns on Accelerated Reduction of Maternal Mortality (CARMMA) and Safe Motherhood Programmes, the Committee is concerned at the high level of maternal mortality rates (970/100,000 live births). The Committee is further concerned that abortion is prohibited, which leads women to seek unsafe and illegal abortions. The Committee is also concerned at women’s limited access to quality reproductive and sexual health services, especially in rural and remote areas. (Paragraph 32).
The Committee urges the State party to:
(a) Take all necessary measures to improve women’s access to health care and health-related services, within the framework of the Committee’s general recommendation No. 24;
(b) Strengthen its efforts to reduce the incidence of maternal and infant mortality and to raise awareness of and increase women’s access to health-care facilities and medical assistance by trained personnel, especially in rural and remote areas;
(c) Strengthen and expand its efforts to increase knowledge of and access to affordable contraceptive methods throughout the country and ensure that women in rural and remote areas do not face barriers in accessing family planning information and services; and
(d) Promote widely education on sexual and reproductive health targeting adolescent girls and boys, with special attention to early pregnancy and the control of STIs, including HIV/AIDS.
HIVand AIDS: While noting the State party’s various initiatives taken to prevent and combat HIV/AIDS, including the adoption in 2011 of National HIV/AIDS Strategic Plan and National Action Plan on Women, Girls and HIV/AIDS 2011-2016, the Committee notes with deep concern that the State party faces a serious epidemic and that women and girls are disproportionately affected by HIV. In this respect, the Committee is concerned that women and girls may be particularly susceptible to infection owing to gender-specific norms and that the persistence of unequal power relations between women and men and the inferior status of women and girls may hamper their ability to negotiate safe sexual practices and may increase their vulnerability to infection. (Paragraph 34).
35. The Committee urges the State party to:
(a) Take continued and sustained measures to address the impact of HIV/AIDS on women and girls, as well as its social and family consequences;
(b) Enhance its focus on women’s empowerment, include clearly and visibly a gender perspective in its policies and programmes on HIV/AIDS and increase the role of men in all relevant measures;
(c) Undertake awareness-raising campaigns throughout the State party and especially in rural and remote areas, and among Government officials in respect of prevention, protection and maintenance of confidentiality in order to systemize and integrate approaches for multiple government sectors .
Early marriage: While noting with appreciation the adoption in 2011 of the Children’s Protection and Welfare Act, which amended the minimum age of entering into marriage to 18 years for both civil and customary marriages, the Committee remains concerned at reports of the persistence of the phenomenon of forced and early marriages. The Committee also notes with appreciation the adoption of the Legal Capacity of Married Persons Act of 2006, it is nevertheless concerned that it only applies to those married under the Roman Dutch Law (Common Law), to the exclusion of Basotho customary law. The Committee is further concerned about the persistence of discriminatory customary laws and practices, especially in rural areas and remote communities, with regard to, inter alia, marriage and its dissolution, inheritance and property rights. (Paragraph 38).
The Committee calls upon the State party to:
(a) Prepare a unified family code in conformity with the Convention, in which unequal inheritance rights, property and land rights and polygamy are addressed.
(b) Ensure equality between women and men in marriage and family relations, amend without delay all remaining discriminatory provisions and administrative regulations, including provisions and regulations relating to family, marriage and divorce and take all necessary legislative measures to ensure women’s equal share in all marital property regardless of monetary and non-monetary contributions to the marital property.
(c) Prohibit polygamy in accordance with the Committee’s General Recommendation No. 21.
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UN Committee against Torture
Ratified in 2001, but not yet reported.
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UN Committee on Migrant Workers
CMW/C/LSO/CO/1
Adopted by the Committee: 20 April 2016
Published by the Committee: 25 April 2016
Issues raised:
Ratification and National Policies:
The Committee notes with appreciation the ratification of or accession to the ILO Convention on Worst Forms of Child Labour, 1999 (No. 182) on 14 June 2001 ILO and the Convention on Minimum Age, 1973 (No. 138) on 14 June 2001.The Committee also welcomes the adoption of the Children’s Protection and Welfare Act, 2011 and the Action Programme for the Elimination of Child Labour 2013-2017.
(paras 4, 5, 6).
The Committee notes that the State party has not yet ratified the Optional Protocol on a communication procedure to the Convention on the Rights of the Child. The Committee urges the State party to consider ratifying or acceding to the above instruments as soon as possible.
(paras 11, 12).
The Committee is concerned that the Human Rights Commission Bill, 2015 which will operationalize the NHRI has yet to be passed. The Committee requests the State party to adopt the Human Rights Commission Bill, as soon as possible, and establish a national human rights institution, ensuring that it has a clear mandate to protect and promote human rights including the rights of migrant workers and members of their families under the Convention, in compliance with the Paris Principles.
(paras. 19, 20).
Non-Discrimination:
The Committee is concerned about the lack of information on actual practice and examples that would make it possible to assess the implementation of the right to non-discrimination pursuant to the Convention. The Committee recommends that the State party ensure that all migrant workers and members of their families within its territory or subject to its jurisdiction enjoy, without discrimination, the rights recognized by the Convention in article 7 thereof.
(paras. 23, 24)
Birth Registration and Nationality:
The Committee welcomes the signing of a Declaration of Intent between the State party and South Africa, which establishes the Lesotho Special Permit (LSP) that seeks to regularise unskilled Basotho migrant workers in South Africa. The Committee is, however, concerned that with the growing number of Basotho migrant workers migrating to South Africa, children born to these migrant workers are at risk of statelessness as there is no mechanism to ensure systematic consular birth registration.
(para 37).
The Committee recommends that the State party: Intensify efforts, including in the context of the Lesotho Special Permit scheme and the provision of consular services, to ensure that all children of Basotho migrant workers abroad, particularly in South Africa, are registered and issued with personal identity documents in line with the Sustainable Development Goals (target 16.9); Ensure that the State party’s consular offices in South Africa raise awareness on the importance of birth registration among Basotho migrant workers and members of their families, especially those in an irregular situation; and intensify efforts on the implementation of the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
(para. 38)
Education:
The Committee notes that the Education Act of 2010 provides for universal education in that every child of school age, including children of migrant workers, has a right to free and compulsory access to primary education. However, the Committee regrets the lack of information concerning the general situation of children of migrant workers in the State party with respect to access to education. The Committee recommends that the State party conduct a nationwide study, and provide information in the next periodic report, on the general situation regarding access to education by children of migrant workers in the State party.
(paras. 39, 40).
Family Reunification:
While noting that sections 6(3) and 7(2) of the Aliens Control Act 1966 provide for family reunification, the Committee is concerned that the power to order family reunification is largely based on the discretion of the Minister responsible for the administration of the Act. The Committee recommends that during the review of the Aliens Control Act 1966, the State party should introduce appropriate measures to facilitate family reunification of migrant workers and members of their families in line with article 44 of the Convention.
(paras. 43, 44)
Migrant Children:
The Committee notes the State party’s efforts to secure the welfare of children of Basotho migrants who are left behind in the State party, including through the provision of scholarships. The Committee is, however, concerned at the limited number of such measures, and at the number of child headed households partly due to migration and the scourge of HIV/AIDS. The Committee is also concerned at the lack of clarity about the measures taken to facilitate the resettlement and reintegration of Basotho migrant workers upon their return, including their reunification with children left behind in the State party
(para. 47)
The Committee recommends that the State party: Conduct nationwide research on children of migrant workers who are left behind by Basotho migrant workers to establish the demographic profile of this population in order to guide its policies and programmes; Adopt a comprehensive strategy to promote and protect the rights of children and families of Basotho migrant workers who are left behind, in particular through education, entrepreneurial, training and community welfare programmes; and provide information in its next periodic report on the measures taken to facilitate the resettlement and reintegration of Basotho migrant workers upon their return, including their reunification with children left behind in the country (para 48).
Child Labour:
The committee is concerned at the failure to track child labour due to the limited number of labour inspectors and the lack of information on the funding of the Child and Gender Protection Unit. The committee recommends that the State party strengthen mechanisms for investigating cases of child labour, trafficking in persons and prosecuting and punishing offenders.
(para. 51)
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UN Committee on the Rights of Persons with Disabilities
Ratified in 2008, but not yet reported.
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UN Committee on Enforced Disappearance
Signed in 2010, but not yet ratified.