29/9 Report of the Working Group on the Universal Periodic Review - Lesotho

GE.15-07695 (E)



Human Rights Council Twenty-ninth session

Agenda item 6

Universal Periodic Review

Report of the Working Group on the Universal Periodic Review*

Lesotho

* The annex to the present report is circulated as received.

Contents

Paragraphs Page

Introduction ............................................................................................................. 1–4 3

I. Summary of the proceedings of the review process ................................................ 5–112 3

A. Presentation by the State under review ........................................................... 5–33 3

B. Interactive dialogue and responses by the State under review ........................ 34–112 7

II. Conclusions and/or recommendations ..................................................................... 113–116 14

Annex

Composition of the delegation ......................................................................................................... 25

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1 of 18 June 2007, held its twenty-first session

from 19 to 30 January 2015. The review of Lesotho was held at the 6th meeting on 21

January 2015. The delegation of Lesotho was headed by Haae Phoofolo. At its 10th

meeting held on 23 January 2015, the Working Group adopted the report on Lesotho.

2. On 13 January 2015, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Lesotho: France, Ghana and Maldives.

3. In accordance with paragraph 15 of the annex to resolution 5/1 and paragraph 5 of

the annex to resolution 16/21, the following documents were issued for the review of

Lesotho:

(a) A national report submitted/written presentation prepared in accordance with

paragraph 15 (a) (A/HRC/WG.6/21/LSO/1);

(b) A compilation prepared by the Office of the High Commissioner for Human

Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/21/LSO/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/21/LSO/3).

4. A list of questions prepared in advance by Germany, Slovenia, Spain and the United

Kingdom of Great Britain and Northern Ireland, was transmitted to Lesotho through the

troika. These questions are available on the extranet of the universal periodic review (UPR).

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The delegation expressed its appreciation on behalf of the Kingdom of Lesotho for

the opportunity to present the national report. The preparation of the national report was

participatory and inclusive, and was deliberated on in an open and free atmosphere.

6. In June 2014, His Majesty, King Letsie III, had prorogued Parliament in order to

pave the way for the political parties to solve their differences. Since then, tensions had

arisen between the coalition partners in the Government and on 30 August 2014 there was

an attempted coup. In response to the crisis, the Southern African Development Community

(SADC) held a Double Troika Summit of Heads of State and Government on 15 September

2014, which led to the Maseru Facilitation Declaration. Pursuant to the Declaration,

Parliament was reconvened on 17 October 2014 and dissolved on 5 December 2014.

Elections were set for 28 February 2015. Preparations for those elections by the

Independent Electoral Commission had commenced.

7. The delegation recalled that, during the review in 2010, Lesotho had accepted

96 recommendations and rejected 22. A workplan was thereafter drawn up to ensure

coherent implementation of the recommendations. The workplan was the product of a

stakeholders’ consensus and had served as a working tool for stakeholders.

8. Since the previous review, Lesotho had ratified the International Convention for the

Protection of All Persons From Enforced Disappearance (ICPPED) on 6 December 2013. In

2011, the National Disability and Rehabilitation Policy had been adopted, following the

ratification of the Convention on the Rights of Persons with Disabilities (CRPD) in 2008.

The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women

and Children, supplementing the United Nations Convention against Transnational

Organized Crime (Protocol on Trafficking in Persons) had been incorporated into the

national framework through the enactment of the Anti-Trafficking in Persons Act, 2011. A

National Anti-Trafficking in Persons Strategic Framework and Action Plan 2014–2016 had

been officially launched in July 2014. The Children’s Protection and Welfare Act, enacted

in 2011 incorporated both the Convention on the Rights of the Child and the African

Charter on the Rights and Welfare of the Child into the national framework.

9. In 2011, Lesotho had presented its report on the implementation of the Convention

on All Forms of Discrimination Against Women (CEDAW) to the CEDAW Committee.

The report on the Convention on the Rights of the Child had been submitted to the relevant

Committee. Draft reports on the implementation of the International Covenant on Civil and

Political Rights, the International Covenant on Economic, Social and Cultural Rights and

the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (CAT),

were awaiting Cabinet approval. Once approved, the reports would be submitted to the

respective treaty monitoring bodies. The draft report on the International Covenant on the

Elimination of All Forms of Racial Discrimination was awaiting validation by stakeholders.

10. At the regional level, the report on the African Charter on the Rights and Welfare of

the Child had been submitted, while the report on the African Charter on Human and

People’s Rights was awaiting stakeholders’ validation before submission to Cabinet for

approval. That was a clear indication that, despite resource constraints, Lesotho was making

great effort to report under the various treaties.

11. Plans to set up a Human Rights Commission were under way. In 2011, the 6th

Amendment to the Constitution, enshrining the establishment of the Human Rights

Commission, had been passed by Parliament. A Human Rights Commission Bill was in

place and had been awarded a certificate of approval from the Attorney General’s

Chambers. The Bill had also been considered by Cabinet and would be presented before the

9th Parliament for promulgation into law. The Government would continue to strive

towards the operationalization of the Commission. Workshops had been held for the media,

members of Parliament, youth, inmates and correctional service staff on the work of the

Commission envisaged.

12. Workshops had been held for persons with disabilities, teachers, members of

Parliament and the judiciary for the purposes of highlighting human rights issues. To mark

International Human Rights Day, the Minister had delivered a statement on the theme of the

year. Gatherings to discuss various thematic areas of human rights had also been held for

the general public.

13. The African Commission on Human and Peoples’ Rights had visited Lesotho on a

promotional mission in 2012. The mission had comprised the Special Rapporteur on

Freedom of Expression and Access to Information and the Special Rapporteur on Prisons

and Places of Detention in Africa. Their recommendations were presently being

implemented by government.

14. Poverty was rife, with more than half of the population living below the poverty

line. That was mainly to due to land degradation and climate change; particularly persistent

drought, flooding and early frost which had caused low agricultural productivity in recent

years. The worsening food deficit, as well as the increasing retrenchment of Basotho

working abroad contributed to poverty.

15. To address the problem of agricultural decline, in the 2013–14 financial year, the

Ministry of Agriculture had been allocated a 43 per cent increase in budget, which had

enabled the subsidising of agricultural inputs such as seed, fertilizers, herbicides and

insecticides. Poverty reduction programmes and policies had been designed, such as the

National Strategic Development Plan, which served as an implementation strategy for the

National Vision 2020 for the following five years. The Plan was expected to reduce poverty

and promote the achievement of sustainable development.

16. Lesotho was on track to achieving the Millennium Development Goals relating to

primary education, gender equality and empowerment of women. Efforts would be

redoubled in order to achieve the remaining Goals in the post-2015 period. Lesotho would

mobilize more development partners and exert decisive leadership to attain the National

Vision 2020 as the Goals bore a close relationship to the seven pillars of the National

Vision 2020.

17. With regard to education, free learning materials were provided, qualified teachers

were employed and new schools, accessible to persons with disabilities, were being

constructed in remote and rural areas. Additional classrooms in existing schools had also

been built. There had been a sharp increase in the number of literate women and the school

enrolment and completion rates were higher for girls than boys.

18. HIV and AIDS had had a devastating impact on the population and health-care

system. Various efforts had been undertaken, including awareness campaigns, testing and

treatment, male circumcision and Prevention of Mother to Child Transmission (PMTCT),

whereby all HIV-infected pregnant women enrolled for PMTCT services were eligible to

receive lifelong antiretroviral therapy. There was also a current national HIV and AIDS

Strategic Plan.

19. Infant and child mortality had risen in recent years as a result of pneumonia,

malnutrition, measles, HIV and AIDS, and diarrhoea. In addition to the subsidized fees and

free maternal and health services at health centres, other government interventions included

the integrated Management of Childhood Illnesses Strategy, PMTCT programmes, and

policies such as the National Health Sector Policy with its Strategic Plan and the Young

Child Feeding Policy. Services for women and children had also improved. More than 600

village women had been trained and employed to visit pregnant women regularly and to

encourage them to visit health centres.

20. There had been an increase in human trafficking, whereby women and children fell

prey to fictitious promises of employment and other means of earning a living. The

Government had taken steps to ensure the protection of those vulnerable groups through the

enactment of the Anti-Trafficking in Persons Act, 2011, implemented through the National

Anti-Trafficking in Persons Strategic Framework and Action Plan 2014–16. The Ministry

of Home Affairs had spearheaded a multisectoral team on anti-trafficking and there were

partnerships with civil society organizations and community networks to address human

trafficking through intensive community awareness-raising campaigns.

21. Lesotho was dedicated to achieving the principles of gender equality, non-

discrimination and promotion of women’s rights, as illustrated by the appointment of

women to high decision-making positions, such as that of the Ombudsman and the Chief

Justice, and the adoption of a national action plan to end gender-based violence against

women. Capacity-building training sessions on gender issues and gender-based violence

had been held for the police, judges, magistrates, prosecutors, chiefs, and traditional and

religious leaders.

22. The best interests of the child remained at the core of the Government’s agenda. The

Children’s Protection and Welfare Act 2011 provided for the right to education, health and

opinion for all children, and protected children against exploitation and child labour. It also

made provision for a Children’s Court, which was now operational. Within the Ministry of

Social Development, there was a department of children’s services tasked with the care,

protection and development of children.

23. On the issue of corruption, the Directorate of Corruption and Economic Offences

had been established and a National Anti-Corruption Strategy and Action Plan had been

designed. There was also the Prevention of Corruption Bill 2013, which sought to

strengthen the legislative and institutional framework and elevate the status of the

Directorate to that of a Commission.

24. Old correctional facilities were being demolished and new ones built. A full-time

HIV and AIDS coordinator had been employed and HIV testing, counselling and treatment

were provided. Condoms were being provided and all correctional facilities had a nurse and

dispensary to attend to minor illnesses. All inmates received free medical care in

government hospitals.

25. In response to advance questions, the delegation stated that the Children’s Protection

and Welfare Act, 2011, had curbed child labour. Labour Inspectors could now inspect the

formal sector to ascertain the existence of child labour and investigate crimes relating to the

worst forms of child labour. However, there were no available statistics on reported labour

cases in the Children’s Court. A programme on the elimination of child labour involving

various stakeholders was currently being developed.

26. Awareness-raising and educational campaigns on gender-based violence continued

to be run in an effort to prevent and combat domestic violence. There was a support

programme for victims, which included counselling. The 6th Amendment to the

Constitution Act of 2011 enhanced the support available to victims. Alleged perpetrators

were prosecuted. The Domestic Violence Bill had been referred back for further

consultations and research and , with new drafting instructions as a result.

27. The reservation to article 2 of CEDAW was partially withdrawn in 2004, and the

reservations remained only with regard to succession to the throne and to chieftainship. An

elected government had to be considerate to the traditional values of the society that formed

its electorate.

28. Lesotho retained the death penalty under Statutory Law as a form of deterrence.

However, the death penalty had not been carried out since 1995. There were appropriate

safeguards in place, such as the Pardons Committee and the prerogative of mercy by His

Majesty the King. Nonetheless, the Government took note of the international trend

towards abolition of the death penalty.

29. With regard to the administration of justice, reforms had been undertaken to mitigate

the backlog of cases and to modernize the operations of the judiciary, including the

introduction of a case management tool in the High Court and the establishment of a small

claims procedure in the magistrate court.

30. The Government was continuing to renovate and refurbish correctional facilities

throughout the 10 districts, notwithstanding budget limitations. The use of restorative

justice and other alternative dispute resolution mechanisms had been scaled up and the

courts also imposed non-custodial sentences, including community service sentences, to

reduce the overcrowding in correctional facilities.

31. Lesotho was committed to preventing illicit trafficking of conventional arms. The

International Convention on Certain Conventional Weapons had been ratified and the Arms

Trade Treaty had been signed. The Internal Security (Arms and Ammunition) Act of 1966

prohibited the possession, sale or transfer of a firearm and/or ammunition without a licence.

The Counter Crime Unit had been established in March 2009 and tasked with searching for

unlicensed firearms and arresting alleged perpetrators.

32. It was the ambition of Lesotho to expeditiously adopt the best human rights

practices. The pace at which that ambition would be fulfilled would be determined by the

availability of resources and capacity, as well society’s receptiveness to those human rights

practices.

33. Lesotho appreciated the technical and financial support as well as the good

cooperation from several United Nations agencies and countries. The delegation also

expressed appreciation for the cooperation in the preparation of the National Report and for

the advance questions received, and looked forward to a constructive dialogue.

B. Interactive dialogue and responses by the State under review

34. During the interactive dialogue, 64 delegations made statements. Recommendations

made during the dialogue can be found in section II of the present report.

35. The Democratic Republic of the Congo commended the progress by Lesotho and

willingness to improve human rights, despite challenges. It noted the Strategic National

Development Plan aimed at reducing poverty, free education, and measures to combat

corruption and promote the rights of women, children, elderly and persons with disabilities.

It welcomed international cooperation with Lesotho.

36. Denmark noted permission granted to allow bodies such as the International

Committee of the Red Cross to visit and inspect correctional institutions and make

recommendations, but noted that it had not taken steps towards ratifying the Optional

Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment (OP–CAT). It also referred to an initiative by the Committee against Torture

which aimed to assist governments to overcome obstacles to ratification and

implementation of the Convention, as an avenue to assist Lesotho.

37. Djibouti appreciated the efforts by Lesotho to comply with previous

recommendations, despite challenges. It congratulated Lesotho on the adoption of the Law

for the protection and well-being of children and persons with disabilities. It called on the

international community to provide technical assistance to Lesotho.

38. Egypt noted the approach taken by Lesotho regarding the promotion of human rights

in the country and significant steps taken to establish the Children’s Court; to enact the

Anti-Trafficking in Persons Act (2011), the Children’s Protection and Welfare Act (2011),

and the Education Act (2010), providing for free and compulsory primary education.

39. Ethiopia noted the achievements of Lesotho in the areas of peace and political

stability, gender equality, dispensation of justice, registration of a high literacy rate, human

resource development, and increased coverage of public service provision. It noted with

appreciation the emphasis on alleviating poverty, ensuring food security and reducing

unemployment.

40. France commended progress on stabilizing Lesotho after the political crisis of 2014

and expressed its wish that the general elections of 2015 would take place in line with

democratic rules and human rights. It congratulated Lesotho on its ratification of ICPPED.

41. Gabon noted the ratification of a number of international human rights instruments,

the adoption of a law on child welfare, and the adoption of measures for orphans, children

and other vulnerable populations to guarantee their rights to education and health.

42. Germany welcomed the progress made in the fields of child protection, elimination

of discrimination against women and political participation of women since the previous

universal periodic review. It remained concerned about the continued high prevalence of

violence against women and issues of discrimination and non-equality, as well as child

sexual abuse, forced child/early marriage, and child labour.

43. Ghana commended the establishment of a national human rights commission and

hoped that it would operate in full compliance with the Paris Principles. It also commended

the Anti-Trafficking in Persons Act and the Children’s Protection and Welfare Act, and

shared concerns expressed by CEDAW about the high incidence of trafficking in women

and girls.

44. Indonesia noted that Lesotho was on track to achieve the Millennium Development

Goals on universal primary education and promoting gender equality and empowerment of

women. It expressed its appreciation of the draft national policy on social development and

hoped that it would be approved and implemented immediately. It further noted that

corruption remained one of the prevalent factors hindering development.

45. Ireland congratulated Lesotho for the progress achieved towards gender equality, but

remained concerned at the level of discrimination that women still encountered in the

public and private spheres. It welcomed efforts to tackle the high rates of infant and

maternal mortality and noted in particular that child mortality rates remained alarmingly

high.

46. Italy commended the holding of a de facto moratorium on the death penalty,

welcomed the enactment of the Legal Capacity of Married Persons Act of 2006, and

commended the adoption of a number of policies to enhance the protection and promotion

of the rights of the child.

47. Kuwait appreciated efforts to enhance the normative and institutional framework for

the promotion and protection of human rights. It also valued the procedural steps towards

the implementation of the accepted recommendations of the first review, aimed at

additional achievements towards the protection of human rights and freedoms.

48. Latvia congratulated Lesotho for the various laws, action plans and campaigns to

protect and enhance women’s rights. It welcomed the adoption of the Children’s Protection

and Welfare Act, 2011, and the national strategic plan on vulnerable children. Latvia

recognized efforts to achieve the Millennium Development Goal target for universal

primary education, but remained concerned that the lack of birth registration resulted in the

denial of essential services.

49. Libya noted the progress made in promoting and protecting human rights. It

commended the ratification of a number of treaties, including CED, CRPD and the Protocol

on Trafficking in Persons.

50. Mali noted the ratification of several international human rights instruments and the

compliance of national laws with international commitments. It also welcomed action to

better protect the rights of persons with disabilities and other vulnerable groups, and

positive initiatives to achieve the Millennium Development Goals.

51. Mauritius commended the implementation of most of the recommendations and the

development of various action plans since the previous review. It encouraged Lesotho to

pursue the development of its National Human Rights Policy. It welcomed the initiatives to

establish a Human Rights Commission and suggested that Lesotho consider availing itself

of the experiences of Mauritius.

52. Mexico took note of the ratification of ICPPED, the adoption of the Action Plan

against human trafficking and the implementation of the Law for the protection and well-

being of children. While acknowledging progress and challenges, Mexico raised a concern

about overdue reports to treaty bodies. Mexico made its best practices available.

53. Montenegro requested information on the activities undertaken to make the national

human rights commission operational, the reasons for the lack of cooperation with treaty

bodies, and activities undertaken to incorporate CEDAW into the domestic legal system. It

welcomed the ratification of ICPPED.

54. Morocco welcomed the ratification of ICPPED and the launch of the action plan

against trafficking in persons. It commended Lesotho for its efforts in the area of education.

Morocco encouraged consolidation of efforts in the areas of judicial reform and the fight

against corruption.

55. Mozambique commended Lesotho for adopting the National Disability and

Rehabilitation Policy in 2011. It noted that Lesotho was on track to achieve the goals on

universal primary education and gender equality and women’s empowerment. It welcomed

the National Identity Cards Act of 2011, which gave women the right to apply for an

identity card without their husband’s authorization.

56. Namibia commended Lesotho on efforts made to implement the recommendations,

from the first review, despite several challenges. It appreciated the passing of the Children’s

Protection and Welfare Act, 2011, which was aimed at the enhancement, promotion,

protection and realization of the rights and welfare of children. Namibia commended the

continued progress made to reduce poverty, particularly though social grants to the elderly

and orphans and vulnerable children.

57. The Netherlands commended Lesotho for the enactment of the Children’s Protection

and Welfare Act, 2011 and appreciated the efforts taken to protect children in vulnerable

circumstances. It remained concerned about domestic violence against women and violence

committed by an intimate partner, as well as the absence of a specific prohibition of

discrimination against women in domestic law.

58. New Zealand welcomed the efforts to ensure free and fair elections in February 2015

and was pleased to work with Lesotho and to share experiences in that regard. It

commended progress regarding representation of women in the political sphere and

welcomed the commitment to greater transparency and accountability through the fight

against corruption.

59. The Niger commended progress since the first review on, inter alia, the creation of

the National Human Rights Commission, the adoption of laws for the protection and well-

being of children and to combat human trafficking, and the implementation of a National

Action Plan to combat violence against women. It encouraged Lesotho to reach the

objectives of its National Strategic Development Plan.

60. The Philippines lauded the progress made by Lesotho despite the resource and

capacity constraints, most notably the enactment of the Anti-Trafficking in Persons Act and

the Children’s Protection and Welfare Act, 2011. It recognized the need for stronger

partnerships to further strengthen the implementation of policies, particularly in the

realization of socio-economic rights.

61. Portugal noted that Lesotho had one of the highest literacy rates in sub-Saharan

Africa, and that the country was on track to achieving Millennium Development Goal 2

concerning primary education. Portugal was concerned about the disadvantaged situation of

girls in accessing education, as well as reports on sexual violence and abuses committed in

schools.

62. The Russian Federation took positive note of the implementation of international

legal instruments. It commended Lesotho for the adoption of national legislation aimed at

improving the human rights situation.

63. Rwanda congratulated Lesotho for initiatives aimed at addressing poverty reduction

and ensuring economic development, commended the establishment of a National Strategic

Development Plan, the improvement of the water supply and sanitation, and the

domestication of the Protocol on Trafficking in Persons, and urged the international

community to provide technical assistance and capacity-building, in, amongst areas, the

setting up the National Human Rights Commission.

64. Senegal congratulated Lesotho for several initiatives to promote human rights,

notably the adoption of the Law for the protection and well-being of children, and the

design of a national policy on persons with disabilities and of an action plan against human

trafficking. It called on the international community to provide technical assistance to

Lesotho.

65. Sierra Leone commended the children’s court, special measures on political

participation of women, progress in providing free, gender-balanced education and ongoing

efforts aimed at reducing the spread of HIV/AIDS, and noted that a sustainable natural

disaster risk reduction strategy was crucial for economic development. It was also

concerned about capacity gaps in the health sectors and encouraged international support

for the development of a sound health system as well as legislation prohibiting

discrimination against women.

66. Singapore noted the emphasis on raising socio-economic standards and took positive

note of the National Strategic Development Plan. It further noted the efforts to fight

HIV/AIDS, including through prevention, care and treatment; as well as to improve service

delivery by rolling out services and resources in rural areas.

67. Slovenia welcomed the Children’s Protection and Welfare Act and the increase in

the age of criminal responsibility, improved water supply and sanitation, high levels of

investment in education, measures taken to combat the spread of HIV, the National Action

Plan to end Gender Based Violence, and measures to promote gender equality. It was

concerned at discriminatory practices entrenched in customs, beliefs and traditions.

68. South Africa commended the signature and ratification of most of the international

and regional human rights instruments. It reaffirmed its continued support of SADC efforts

in the promotion of peace and security and encouraged the continuation of all efforts

towards the promotion, protection and fulfilment of all human rights, including the right to

development.

69. The delegation stated that there were plans to resuscitate the National AIDS

Commission. There was a Government policy paper on the protection of children in rural

areas, especially herd boys, which included ensuring that they received an education.

Allegations of excessive use of force by the security forces, over the previous few months,

were being investigated with the assistance of SADC. On completion of the investigation,

the perpetrators would be accountable under the law.

70. The delegation recalled its earlier comments with regard to the establishment of a

national human rights institution and emphasized that the relevant bill would be before the

9th Parliament for promulgation into law. On the issue of the death penalty, the delegation

reiterated that the death penalty had not been carried out since 1995.

71. With regard to the reservation to article 2 of CEDAW, the delegation stated that

Lesotho was moving step by step towards lifting the reservation. The delegation explained

that Lesotho was bound by her traditions, which were what developed a nation. To take

people away from those traditions was not easy and involved much dialogue, in which the

Government was engaged, especially on the issue of chieftainship of women. Discussions

were taking place with the objective of reviewing the Constitution and relevant law.

72. On the matter of corruption, active measures had been taken by the Government to

strengthen the anti-corruption institution. High-profile figures were being brought to justice

to show the seriousness of government in stopping corruption. The delegation stated that

the Government was working hard to reduce infant and maternal mortality and provided

information on the village health workers programme in that regard. With regard to persons

with disabilities, the delegation informed the Working Group of the policy that was in place

to protect the rights of such persons, which would eventually be approved by an act of

Parliament.

73. The delegation stated that no lesbian, gay, bisexual, transgender and intersex persons

had been prosecuted and emphasized that the matter was sensitive in the culture and society

in Lesotho. The Government was engaged in dialogue on the issue with a view to reaching

consensus.

74. A disaster risk management programme was in place, under which there was a

health and nutrition committee, comprising various stakeholders, including government

ministries, development partners and non-governmental organizations. There were also

district and village disaster management teams.

75. Steps had been taken to reduce poverty through employment. A job summit had

been held in August 2014, with the aim of adopting a working programme on the

development of agriculture, tourism and other means of creating employment. The

Government was committed to creating about 10,000 jobs per year.

76. Spain congratulated Lesotho on progress made, with the legalization in 2012 of

homosexual relations. It noted the need to depoliticize public services and the armed forces,

and to create institutions to safeguard human rights.

77. The Sudan commended Lesotho for its adoption of legislation and policy on human

rights, particularly the Anti-Trafficking in Persons Act and the Communication Act, as well

as for the adoption of the National Strategic Development Plan 2013–2016, the National

Anti-Trafficking in Persons Strategic Framework and Action Plan 2014–2016 and the

National Action Plan on Women, Girls and HIV/AIDS.

78. Sweden noted the political stalemate in Parliament and the resolving of Parliament.

It noted the attempted coup d’état, the involvement of SADC and the Maseru Facilitation

Declaration, which stipulated that elections should take in February 2015. Sweden also

noted the Maseru Security Accord.

79. Thailand congratulated Lesotho for ratifying ICPPED and for its engagement with

international organizations and stakeholders to protect human rights. It welcomed the

transformation of the Department of Social Welfare into the Ministry of Social

Development, with a focus on protecting vulnerable groups. It encouraged Lesotho to

continue working towards achieving universal primary education. It expressed concern

about the HIV epidemic and encouraged Lesotho to redouble its efforts to prevent the

spread of HIV infections.

80. Timor Leste noted the positive steps taken to promote and protect human rights. It

highlighted the enactment of the Anti-Trafficking in Persons Act, the Children’s Protection

and Welfare Act and the adoption of the Education Act, providing for free and compulsory

primary education. It commended the implementation of the Child Grants Programme,

leading to an increase in school enrolment rates and a decrease in child labour.

81. Togo commended initiatives by Lesotho to reduce poverty, ensure economic

development and provide free access to health care. It encouraged Lesotho to put the

National Human Rights Commission in place.

82. Trinidad and Tobago highlighted the advancement in human rights. It noted that

Lesotho was plagued with domestic challenges, including poverty and food security,

climate change and a high rate of HIV/AIDS. The geographical terrain of Lesotho was also

a barrier to providing essential goods and services.

83. Tunisia noted the ratification of ICPPED and the drafting of a national human rights

policy. It encouraged ratification of OP-CAT and the United Nations Educational,

Scientific and Cultural Organization (UNESCO) Convention against Discrimination in

Education, as well as the incorporation of CEDAW provisions into national legislation with

a view to withdrawing the reservation to article 2. Finally, it urged OHCHR and the

international community to respond favourably to requests for technical assistance.

84. Turkey noted human rights progress since the first review, notably the ratification of

international conventions, the establishment of a National Human Rights Commission,

measures to combat human trafficking and the creation of a conducive climate for the 2015

elections. Despite progress concerning gender equality, gender-based violence was a

concern.

85. The United Kingdom of Great Britain and Northern Ireland urged Lesotho to respect

freedom of expression, association and peaceful assembly in the pre-election period and to

enact legislation abolishing the death penalty. It recognized progress made on improving

the status of women, but noted concerns about restrictions on women’s rights under

customary law.

86. The United States of America noted the commitment of Lesotho to dialogue on

constitutional and parliamentary reform and looked forward to a free, fair and peaceful

election. It remained concerned about human trafficking and child labour, as well as the

high rate of HIV infections and urged Lesotho to ensure that treatment was provided in a

non-discriminatory manner.

87. Uruguay valued the ICPPED ratification and the adoption of the Strategic National

Framework to combat human trafficking and its Action Plan 2014–2016. It encouraged

Lesotho to implement recommendations issued by the African Commission on Human

Rights and Peoples’ Rights in 2012.

88. The Bolivarian Republic of Venezuela was pleased that Lesotho had adopted, in

2011, the National Policy on Disabilities, created the National Human Rights Commission

and put in place the Strategic National Development Plan.

89. Zimbabwe noted that Lesotho had prioritized the raising of human rights awareness

for law enforcement agencies and the promulgation of the National Decentralization Policy,

and that Lesotho was on track to achieving the Millennium Development Goals on

universal primary education, gender equality and women’s empowerment. Lesotho had

ratified ICPPED and domesticated the Protocol on Trafficking in Persons.

90. Yemen noted the legislative measures taken in the context of the obligations of

Lesotho under human rights treaties, such as the enactment of the Anti-Trafficking in

Persons Act 2011. It also noted the adoption of a National Anti-Trafficking in Persons

Strategic Framework and Action Plan 2014–2016, the Children’s Protection and Welfare

Act, 2011 and the National Strategic Development Plan.

91. Algeria noted the efforts by Lesotho to implement previous recommendations,

despite financial constraints, namely the adoption in 2011 of laws for the protection and

well-being of children and to combat human trafficking; and initiatives to reduce poverty

and improve education and health care. It made recommendations.

92. Angola noted the ratification of CRPD and the adoption of a national policy in

relation to the Convention as well as legislative measures to reinforce national mechanisms

for the promotion and protection of human rights. It also congratulated Lesotho on the

establishment of a National Human Rights Commission.

93. Argentina congratulated Lesotho on progress made since the previous review and

commended, in particular, the ratification of ICPPED , the adoption of the Law for the

protection and well-being of children and of the Law on Education, and the National

Program on Disability.

94. Australia expressed concern that poverty, HIV/AIDS and food insecurity continued

to present significant obstacles to the enjoyment of human rights in Lesotho and welcomed

the adoption of the National Strategic Development Plan. It welcomed the planned

legislation to establish a human rights commission. Australia expressed concerns about the

death penalty and discrimination on the basis of sexual orientation and gender identity.

95. Benin welcomed the progress made in the implementation of the recommendations.

It commended Lesotho for ratifying ICPPED. It also commended Lesotho for strengthening

the judicial system, promoting gender equality, and for developments in the areas of health

and education.

96. Botswana noted the enactment of laws on trafficking in persons and the protection of

children, as well as the measures taken in relation to gender equality, poverty alleviation,

and gender-based violence. It noted the efforts made to address the political and

constitutional challenges. Children under the age of 15 years were engaged in domestic

service, street vending and in agriculture. It also noted challenges in providing adequate

health-care facilities and services.

97. Brazil was pleased at developments in Lesotho in the field of freedom of expression

and the promotion of the rights of women, children and lesbian, gay, bisexual and

transgender persons, as well as at the creation of the Ombudsman’s Office. It noted

however that there was still room for improvement.

98. Canada welcomed the commitment to promote and protect human rights and

encouraged Lesotho to continue to follow up on legislative steps taken to establish a human

rights commission in line with the Paris Principles, as that would be an important tool to

protect and promote the human rights of all persons, including the rights of women and

children.

99. The Central African Republic encouraged Lesotho to ratify CAT and to guarantee

the physical integrity of its citizens. It noted that, despite the difficulties, Lesotho had

ratified ICPPED, had introduced policy promoting the rights of persons with disabilities,

and had adopted a law on the protection of the rights of the child in conformity with

international instruments.

100. Chile took note of efforts by Lesotho to protect human rights, strengthen its

institutional structure and to enact legal frameworks, despite challenges.

101. China noted progress in promoting gender equality, the empowerment of women,

combating the trafficking of women and children, and sexual violence. It noticed

difficulties in agriculture, job creation and public health. It highlighted difficulties in the

prevention and treatment of AIDS and called on the international community to give more

assistance.

102. The Congo welcomed ratification of ICPPED and the adoption of laws to combat

trafficking in persons and to promote human rights. It encouraged Lesotho to redouble its

efforts to overcome economic and social challenges and to strengthen cooperation with

Human Rights Council mechanisms.

103. Costa Rica took note of measures to implement previous recommendations. It

welcomed progress to protect human rights, strengthen the judicial system, combat human

trafficking and promote the rights of persons with disabilities and children through the

adoption of Law for the protection and well-being of children.

104. Cuba commended the interest of Lesotho in promoting inclusive economic growth

and its commitment to free education through the Education Law of 2010. It took note of

the high rate of HIV/AIDS and the vulnerability of Lesotho to the global financial crisis. It

called on the international community to provide technical assistance.

105. Kenya took note of the challenges in addressing gender inequality and the

trafficking of persons. It welcomed efforts to domesticate core human rights instruments

and noted the commitment to cooperate with the United Nations human rights mechanisms.

Kenya encouraged the continuation of measures to address human trafficking.

106. The delegation stated that the Government had taken a stand in relation to the de-

politicization of the public service. For instance, with the upcoming elections, all public

officers who demonstrated an intention of becoming politicians were instructed to resign

from the public service.

107. Primary education was free, an initiative also being extended to secondary schools.

Bursaries were offered to students at the tertiary level. Herd boys were receiving an

alternative primary education, with some links to formal education.

108. The delegation acknowledged that reports to some Committees were overdue and

stated that that was largely due to the lack of capacity and resource constraints. Lesotho

would do its best to comply with its reporting obligations. The law on defamation served as

a deterrent and people were very rarely charged under it.

109. The Government had continued to implement the gender policy framework and

empower women to contribute to development and poverty reduction. Several social

protection plans for persons with disabilities, children who had been orphaned and

vulnerable children had also been introduced, with the primary goal of preventing and

reducing economic and social vulnerability. Child labour was predominant in the private

sector. The Labour Code of 1992 was under review to provide labour inspectors with the

authority to review child labour practices in the informal sector. An action plan to eliminate

child labour was being developed.

110. With regard to environmental degradation, measures had been taken to prevent soil

erosion through water deviation furrows and contour ploughing. The delegation stated that

the Maseru Facilitation Declaration and the Maseru Security Accord would be fully

implemented and that regular visits by the SADC facilitator would take place to ensure this.

111. The delegations stated that Lesotho would agree to issue a standing invitation to all

the Human Rights Council mechanisms; birth registration was free of charge through public

gatherings; primary health care services to women and girls were provided for a subsidized

fee in all government hospitals and clinics; and clinics for the health care of women and

girls were available in all 10 districts.

112. On behalf of Lesotho, the delegation extended its deepest appreciation and thanked

all delegations for the questions, comments, recommendations and above all their

constructive manner of engagement. Cooperation with the United Nations human rights

mechanisms was an issue of high priority on the agenda of the Government. The UPR had

been a worthwhile process. It allowed for reflection on priorities and needs and provided

for the systematic creation of an enabling environment to enhance the realization of human

rights. The delegation affirmed the commitment of the Government to uphold the human

rights of all Basotho.

II. Conclusions and/or recommendations

113. The following recommendations enjoy the support of Lesotho:

113.1. Take the necessary steps to accede or ratify the core international

human rights instruments that they are not yet acceded to (Kuwait);

113.2. Include in the Constitution and other legislation provisions

prohibiting discrimination against women in matters such as adoption,

marriage, divorce, devolution of property, burial and death (Canada);

113.3. Incorporate in Lesotho’s domestic legislation provisions of

international legal instruments already ratified (Senegal);

113.4. Incorporate the Convention on the Elimination of all forms of

Discrimination Against Women in its domestic law (Netherlands);

113.5. Incorporate the principle of gender equality in its domestic law and

prohibit by law discrimination on the grounds of gender and domestic violence

(Costa Rica);

113.6. Continue to align its national laws, specially the sub-constitutional

legislation and customary legal practices, with its international human rights

obligations, particularly in the field of gender equality and prevention of

violence against women, where special programmes and policies would be

highly welcomed (Brazil);

113.7. Prioritize the adoption and enactment of the Domestic Violence Bill

and put in place further comprehensive measures to prevent and address

gender-based violence, including the establishment of institutions for victim

support (Germany);

113.8. Enact the Domestic Violence Bill into law, ensuring that future cases

of domestic violence are dealt with decisively (United Kingdom of Great Britain

and Northern Ireland);

113.9. Incorporate the principle of gender equality into all areas of law by

repealing or amending all existing discriminatory legislation, in order to

achieve full de jure equality for women in Lesotho, in compliance with the

State’s international treaty obligations (Latvia);

113.10. Incorporate the Convention on the Rights of Persons with Disabilities

in the national legislation, and take the necessary measures for them to attain

work opportunities (Libya);

113.11. Consider amending discriminatory provisions and administrative

regulations relating to family, marriage, divorce and share of marital property,

with the aim to eliminating discrimination against women (Namibia);

113.12. Bring its domestic legislation into line with the Rome Statute of the

International Criminal Court (Costa Rica);

113.13. Take steps to establish an independent national human rights

institution in line with the Paris Principles (Kenya);

 The conclusions and recommendations have not been edited.

113.14. Pursue the adoption process of the draft bill on the National Human

Rights Commission of 2014 with a view to render it fully operational

(Venezuela (Bolivarian Republic of));

113.15. Expedite enactment of planned legislation to establish a Human

Rights Commission (Australia);

113.16. Conclude the project of creating an independent national human

rights commission in line with the Paris Principles (Djibouti);

113.17. Finalize efforts to create a National Human Rights Commission in

line with the Paris Principles (France);

113.18. Establish a national human rights commission (Gabon);

113.19. Take necessary measures to finalize the process of establishing the

National Human Rights Commission (Mali);

113.20. Step up efforts aimed at promptly establishing an independent

national human rights institution in line with the Paris Principles (Mexico);

113.21. The National Human Rights Institution be made fully operational

and ensure that it functions in conformity with Paris Principles (Morocco);

113.22. Continue its efforts towards the operationalization of the National

Human Rights Commission (Rwanda);

113.23. Establish a national human rights institution which is in conformity

with the Paris Principles (Sierra Leone);

113.24. Establish a National Human Rights Commission (Spain);

113.25. Establish an independent national human rights institution in

accordance with the Paris Principles (Timor Leste);

113.26. Continue the ongoing process to operationalize the National Human

Rights Commission (Zimbabwe);

113.27. Implement and put in place the Human Rights Commission, in line

with the Paris Principles (Chile);

113.28. Continue efforts on the operationalization of the National Human

Rights Commission in accordance with the Paris Principles (South Africa);

113.29. Speed up the process of setting up a national human rights

commission, with the support of the international community (Mozambique);

113.30. Put in place technical assistance programmes to strengthen the

capacity of the Ombudsman (Morocco);

113.31. Takes all necessary measures to ensure the effective implementation

of the national human rights policy and action plan (Kenya);

113.32. Continue its efforts to develop a national policy for human rights and

to finalize the establishment of an independent national human rights

institution in accordance with the Paris Principles (Yemen);

113.33. Continue its efforts to implement the adopted National Strategies

aiming at providing further protection and promotion for human rights in the

country (Sudan);

113.34. Continue the reforms to improve the policies and special programmes

to strengthen and protect human rights (Kuwait);

113.35. Continue to provide and ensure improved and easily accessible

service delivery, especially to marginalized sections of the population

(Zimbabwe);

113.36. Continue to strengthen good governance at all levels to enhance

service delivery (Singapore);

113.37. Redouble efforts towards the realization of, at least, part of the

remaining Millennium Development Goals (Mozambique);

113.38. Redouble its efforts to combat practices of corruption in Lesotho

(Indonesia);

113.39. Continue support for agencies such as the Directorate on Corruption

and Economic Offences, and for the implementation of the National Anti-

Corruption Strategy and Action Plan (New Zealand);

113.40. Combat more effectively corruption and adopt necessary legal

measures (Russian Federation);

113.41. Continue to actively protect rights of women and children (Russian

Federation);

113.42. Implement the Maseru Facilitation Declaration and the Maseru

Security Accord, and thereby to reestablish the ground for democratic and civil

governance in the country, after elections in February 2015 (Sweden);

113.43. Respect the provisions of the Maseru Facilitation Declaration and

ensure an environment for free, fair and democratic elections (Turkey);

113.44. Continue to demonstrate its commitment to democratic rule, rule of

law, and accountable governance by holding free, fair and peaceful elections in

February 2015 (United States of America);

113.45. Pursue the strengthening of its cooperation with treaty bodies, step

up its efforts in domesticating international human rights legal instruments by

supporting its request to strengthen capacities in the areas which it has set out

(Niger);

113.46. Seek technical assistance to meet its human rights obligations,

including the submission of its overdue reports to the relevant treaty bodies

(Sierra Leone);

113.47. Hand in its initial report to the Committee against Torture as soon as

possible (Denmark);

113.48. Train and prepare public officials responsible for preparing State

reports (Gabon);

113.49. Submit overdue initial and periodic reports to the various human

rights treaty bodies, some of which have been overdue since 1994 (Ghana);

113.50. Consider issuing a standing invitation to the special procedures

(Ghana);

113.51. Extend a standing invitation to all mandate holders (Latvia);

113.52. Accept the visit request by the Special Rapporteur on extreme

poverty and human rights, in particular with a view to creating necessary

institutional capacities to strengthen cooperation with the bodies of the

international system for the human rights protection (Mexico);

113.53. Further strengthen the understanding of gender equality, in order to

eliminate patriarchal attitudes and gender stereotypes (Slovenia);

113.54. Take necessary measures to actively combat violence against women

and promote gender equality, in particular by reforming discriminatory

legislation against women (France);

113.55. Take more effective measures to address cultural practices that foster

discrimination against women (Ghana);

113.56. Enhance efforts to fight all forms of discrimination against women by

ensuring effective implementation of existing legislation (Italy);

113.57. Step up the efforts to improve gender equality as well as to promote

the rights of persons with disabilities, especially with regard to access to

education and employment opportunities (Thailand);

113.58. Ensure that birth registration is effectively implemented and

enforced by allocating sufficient human and financial resources to the National

Identity and Civil Registry Department to promote the effectiveness of birth

registration systems and processes (Latvia);

113.59. Take necessary measures aimed at verifying alleged human rights

violations committed by members of the security services (Egypt);

113.60. Continue efforts to combat cases of torture by adopting specific

legislation to criminalize torture, by developing training programs for the

security forces and by ensuring that perpetrators of these crimes are

prosecuted (France);

113.61. Implement progressively and effectively the legislations and policies

on trafficking in persons (Ethiopia);

113.62. Provide legal remedies and assistance for victims of trafficking in

persons (Sierra Leone);

113.63. Continue the fight against trafficking in human beings by

implementing a comprehensive program to combat these practices and support

the victims (France);

113.64. Enforce all laws that protect children from trafficking and

exploitation, and their uses in illegal activities (Libya);

113.65. That Lesotho ensures the effective implementation of its human

trafficking legislation (Trinidad and Tobago);

113.66. Ensure the prosecution and punishment of perpetrators of human

trafficking as well as to endure necessary assistance to victims (Turkey);

113.67. Undertake further steps to prevent gender-based violence and

combat preventable maternal mortality and morbidity (New Zealand);

113.68. Continue efforts in implementation of the National Action Plan to

end Gender Based Violence Against Women (South Africa);

113.69. Provide comprehensive protection for women exposed to violence

(Turkey);

113.70. Prevent and combat domestic violence (Djibouti);

113.71. Enact the law on domestic violence in order to overcome the Penal

Code’s shortcomings in covering domestic violence cases (Turkey);

113.72. Intensify efforts to adopt laws and measures to address domestic

violence more effectively (Philippines);

113.73. Investigate all cases of domestic violence, in collaboration with the

civil society engaged in this field and todevelop a comprehensive national

strategy to facilitate equal access of girls and women to all levels and fields of

education (Italy);

113.74. Continue the implementation of all obligations of the CRC, in

particular to combat violence against children and forced labour (France);

113.75. Take action towards more pervasive measures to prevent violations

of the rights of children through, inter alia, training professionals such as

teachers, doctors and social workers to identify potential situations of abuse

and report them to the authorities (Brazil);

113.76. Provide effective institutional mechanisms that duly protect girls

against sexual abuses and effectively prevent early and forced marriage (Chile);

113.77. Take necessary measures for the improvement of the conditions of

prisons and places of detention (Egypt);

113.78. Adopt measures to guarantee the respect of judicial guarantees and

human rights in detention and police custody (Spain);

113.79. Put in place measures that guarantee the integrity and protection of

prisoners and detainees, particularly vis-à-vis other prisoners, in the light of

cases of rapes that have led to an increase of HIV positive prison population

prevalence (Spain);

113.80. Increase oversight of labour recruitment agencies licensed in Lesotho,

and accelerate legal reforms to combat the worst forms of child labour (United

States of America);

113.81. Strengthen measures to protect children from the worst forms of

labour, and ensure full implementation of the Children’s Protection and

Welfare Act (Botswana);

113.82. Continue strengthening its proper social policies in order to provide

greater well-being and living standard to its people, for which international

support and cooperation are fundamental (Venezuela (Bolivarian Republic

of));

113.83. Strengthen measures to implement the law on the protection and

well-being of children, particularly in rural areas, so as to prevent children

having to work in the fields or in home in order to meet their needs and those of

their families (Democratic Republic of the Congo);

113.84. Grant comprehensive support to the institute of family (Russian

Federation);

113.85. Formulate a national disaster risk reduction programme to respond

to crises relating to food security (Egypt);

113.86. Continue efforts to develop access to water and sanitation and to

combat disparities between urban and rural areas (Togo);

113.87. Continue its efforts to reduce poverty, especially in fulfilling the

rights of vulnerable groups (Indonesia);

113.88. Continue this work of alleviating of poverty and developing social

economic sphere in the context of realization of national strategic plan in the

area of development (Russian Federation);

113.89. Develop sustainable economic policies to reduce extreme poverty,

food insecurity and unemployment (Senegal);

113.90. Strengthen measures to reduce poverty amongst vulnerable groups

(Angola);

113.91. Continue to prioritize poverty reduction in protection and promotion

of economic, social and cultural rights of its people; strengthen the construction

of its health system, increase the coverage of service level of the medical care,

and put further attention to combating AIDS (China);

113.92. Continue efforts to ensure free access to health care throughout the

country (Algeria);

113.93. Ensure that the new initiatives on health centres reach all districts of

the Kingdom (Ethiopia);

113.94. Enhance capacity of health centres and health service providers, with

a view to improving access to quality health services of people, particularly in

the rural areas (Philippines);

113.95. Plan to re-establish the National AIDS Commission so as to

effectively support programmes and policies to combat HIV/AIDS (Democratic

Republic of the Congo);

113.96. Develop more effective strategies to prevent and combat HIV/AIDS

(Togo);

113.97. Step up awareness-raising campaigns on effective methods to combat

and fight AIDS (Angola);

113.98. Further involve civil society actors in awareness-raising campaigns

with respect to infectious diseases, in particular HIV (Senegal);

113.99. Suitably addresses the disproportionate impact of HIV/AIDS on

women and girls by increasing its efforts to further reduce the number of

women and girls affected by the HIV pandemic and to increase prevention of

mother-to-child transmission of HIV and AIDS (Namibia);

113.100. Implement foreseen measures to reduce the prevalence of HIV/AIDS

by at least 15 per cent (Cuba);

113.101. Take action at all levels to address the interlinked root causes of

preventable mortality and morbidity of children under 5 and consider applying

the “Technical guidance on the application of a human rights-based approach

to the implementation of policies and programmes to reduce and eliminate

preventable mortality and morbidity of children under 5 years of age”,

A/HRC/27/31 (Ireland);

113.102. Continue to strengthen the provision of health-care services to its

people, particularly women and children (Singapore);

113.103. That Lesotho seeks to increase access to affordable contraceptive

methods and antiretroviral treatment and to promote education on sexual and

reproductive health (Trinidad and Tobago);

113.104. Implement policies and plans aimed at improving maternal and child

health, and ensure equitable access to health services to effectively address

maternal and infant mortality (Botswana);

113.105. Take necessary measures to guarantee all children the right to

education (Algeria);

113.106. Deploy further efforts to prevent child labour and to avoid the drop

out from school of minors, with particular reference to the herd boys, ensuring

a full implementation of the Education Act of 2010 (Italy);

113.107. Put in place awareness campaigns to sensitize local communities on

the importance of education for both boys and girls alike (Latvia);

113.108. Include human rights education in the school curriculum and the

necessary assistance and capacity-building be provided to Lesotho in this

regard (Mauritius);

113.109. Ensure access to education of all children, including those in hard-to-

reach areas, by increasing investments in education infrastructure and training

of educators and pursuing all possible avenues for international cooperation

(Philippines);

113.110. Take the appropriate measures to address the disadvantage situation

of girls concerning access to education, as well as reports on sexual violence and

abuses committed in schools (Portugal);

113.111. Allocate more resources to improve educational infrastructure as

well as to take the necessary steps to ensure that members of the local

communities, especially those living in the rural areas, realize the importance of

education for both boys and girls (Thailand);

113.112. Ensure an inclusive education system, in order to allow all children to

attend classes, in particular pregnant girls (Timor Leste);

113.113. That Lesotho takes steps to continue working on its national nutrition

policy (Trinidad and Tobago);

113.114. Continue consolidating social protection programmes undertaken in

favour of persons with disabilities (Venezuela (Bolivarian Republic of));

113.115. Develop and adopt legal and administrative measures aimed at

making its education premises accessible and, on the other hand, at training

teachers, with a view to guaranteeing full access to education to people with

disabilities (Argentina);

113.116. Take necessary measures aimed at combating sexual exploitation of

migrant women and children, especially young girls (Egypt);

113.117. Fully implement the National Strategic Development Plan aimed at

reducing poverty and achieving sustainable development, including through the

enactment of the draft National Policy on Social Development (South Africa);

113.118. Define and deploy the necessary resources, particularly human,

legislative and financial resources, in order to effectively implement the

Lesotho Government’s ambitious policy in the field of economic and social

rights, particularly with respect to health care and education (Senegal);

113.119. Seek financial assistance for mitigation and adaption activities to

address the impact of climate change (Sierra Leone);

113.120. That a long-term sustainable policy approach be adopted to respond

to crises such as climate change and food security (Trinidad and Tobago);

113.121. Continue undertaking measures to reduce environmental

degradation as an essential requirement to reduce the impact of poverty

(Cuba).

114. The following recommendations will be examined by Lesotho and responses

will be provided in due time, but no later than the 29th session of the Human Rights

Council, to be held from 15 June to 3 July 2015, and will be included in the outcome

report adopted by the Human Rights Council at that session:

114.1. Ratify the Optional Protocol to the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment (Montenegro);

114.2. Intensify efforts to ratify the Optional Protocol to the Convention

against Torture (Denmark);

114.3. Sign and ratify OP-CAT as recommended by Spain in 2010 (Spain);

114.4. Ratify OP-CAT (Togo);

114.5. Accede to OP-CAT (Chile);

114.6. Ratify OP-CAT and simultaneously strengthen investigations of

complaints of this practice (Costa Rica);

114.7. Ratify the Optional Protocol to the Convention against Torture

(United Kingdom of Great Britain and Northern Ireland);

114.8. Ratify the third Optional Protocol to the Convention on the Rights of

the Child on a communications procedure, fully implement the Children’s

Protection and Welfare Act, and ensure effective law enforcement (Germany);

114.9. Ratify the Optional Protocol to the Convention against Torture; and

the Optional Protocol to the International Covenant on Economic, Social and

Cultural Rights (Portugal);

114.10. Sign and ratify OP-ICESCR, which was recommended by the

Spanish delegation in the first cycle (Spain);

114.11. Ratify OP-ICESCR (Uruguay);

114.12. Accede to the Convention on the Non-Applicability of Statutory

Limitations to War Crimes and Crimes against Humanity without reservations,

and implement it in domestic legislation (Uruguay);

114.13. Ratify the Optional Protocol to the Convention on the Rights of

Persons with Disabilities (Benin);

114.14. Ratify the Optional Protocol to the Convention on the Rights of the

Child (Benin);

114.15. Adopt legislative measures to check trafficking in women and girls

(Ghana);

114.16. Take steps to decriminalize defamation and review its media-related

laws including the Printing and Publishing Act of 1967 (Ghana);

114.17. Strengthen at the constitutional level and in a specific manner, the

provisions that prohibit discrimination against women (Chile);

114.18. Review and update laws that could lead to self-censorship, such as the

Sedition Proclamation and the Internal Security (General) Act, to ensure

compliance with international human rights obligations (Canada);

114.19. Consider developing Human Rights Indicators as suggested by the

OHCHR) as an instrument that allows for a more precise and coherent

evaluation of national human rights policies (Portugal);

114.20. Take measures to ensure the universal registration of births,

including through the simplification of necessary requirements and the removal

of costs (Mexico);

114.21. Implement the July 2014 national anti-trafficking action plan and

enact implementing regulations for the 2011 anti-trafficking act, including by

making the changes necessary to ensure that trafficking cases are prosecuted in

the magistrate courts, not just the high court (United States of America);

114.22. Endeavour to investigate all cases of gender violence, punish the

perpetrators and compensate the victims (Ghana);

114.23. Offer comprehensive sexuality education and ensure access to sexual

and reproductive health services, including legal and safe abortion (Slovenia);

114.24. Meet the target of allocating 15 per cent of Government spending to

health, in accordance with the Abuja Declaration (Slovenia).

115. The following recommendations do not enjoy the support of Lesotho and will

thus be noted:

115.1. Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights (ICCPR-OP 2) (Italy);

115.2. Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty (Timor

Leste);

115.3. Ratify ICCPR-OP 2, aiming at the abolition of the death penalty

(Uruguay);

115.4. Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, on abolishing the death penalty (Portugal);

115.5. Consider lifting the reservation to article 2 of the Convention on the

Elimination of All Forms of Discrimination against Women (Rwanda);

115.6. Lift the reservation on article 2 of the United Nations Convention on

the Elimination of All Forms of Discrimination against Women; review and

repeal all sections of the Constitution and other remaining discriminatory

provisions that allow discrimination based on gender; and include in the

Constitution, and/or other appropriate legislation, prohibition of both direct

and indirect discrimination on grounds of gender (Ireland);

115.7. Repeal legislation criminalizing male homosexuality, and introduce

targeted policies to eradicate discrimination based on sexual orientation and

gender identity (Slovenia);

115.8. Repeal all provisions of law criminalizing sexual activity between

consenting adults (Australia);

115.9. Repeal legislation criminalizing consensual same-sex relations

between adults (Canada);

115.10. Eliminate from national legislation the death penalty (Chile);

115.11. Further promote and enforce the principle of non-discrimination,

particularly by fully suspending its reservation to article 2 of the CEDAW

Conventionand ending discrimination of women in the fields of property and

inheritance law (Germany);

115.12. Ensure full gender equality in marriage and family relations,

including by expressly prohibiting gender-based discrimination and repealing

remaining discriminatory provisions (Slovenia);

115.13. Adopt norms that guarantee LGBTI people the full enjoyment of

their rights on an equal footing, which simultaneously safeguard their non-

criminalization and stigmatization (Argentina);

115.14. Enact measures to combat discrimination of LGBTI people and to

ensure them equal access to public services such as health care and education

(Netherlands);

115.15. Make progress towards the protection of LGBTI people, by creating

the conditions allowing them to access to basic services in the fields of health,

work and religious activities, and in addition by eliminating definitely from the

Criminal Code sodomy as a crime (Chile);

115.16. Abolish the death penalty (Djibouti; France; Sweden);

115.17. Consider abolition of the death penalty (Rwanda);

115.18. Adopt necessary measures to formalize the establishment of a

moratorium on the executions of the death penalty as well as the ratification of

ICCPR-OP 2 (Spain);

115.19. Establish a formal moratorium on the death penalty with a view to

ratifying the Second Optional Protocol to the ICCPR (Australia);

115.20. Establish a moratorium on executions with a view to abolishing the

death penalty for all crimes (Uruguay);

115.21. Establish an official moratorium on executions with a view to

abolishing the death penalty, commute all death sentences to terms of

imprisonment and ensure rigorous compliance in all death penalty cases with

international standards for trials (Germany);

115.22. Introduce a moratorium on the use of death penalty and work

towards its abolition, including through ratification of the Second Optional

Protocol to the International Convention on Civil and Political Rights (New

Zealand);

115.23. Establish an immediate official moratorium on the use of the death

penalty with a view to abolishing it and to adhering to the Second Optional

Protocol to the International Covenant on Civil and Political Rights

(Montenegro);

115.24. Consider taking all necessary steps to introduce a de jure

moratorium on capital executions with a view to fully abolish the death penalty

(Italy).

116. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

Annex

[English only]

Composition of the delegation

The delegation of Lesotho was headed by His Excellency Advocate Haae Phoofolo,

Hon. Minister, Ministry of Law, and composed of the following members:

• Mr. Tebello Thanbane Principal Secretary, Ministry of Law;

• Mrs. Mathoriso Monaheng Deputy Principal Secretary, Ministry of Foreign Affairs;

• Ms. Polo Chabane-Moloi Chief Legal Officer, Ministry of Law;

• Mr. Ntsime Jafeta Minister Counsellor, Permanent Mission of the Kingdom of

Lesotho, Geneva;

• Mrs. Malebona Takalimane Senior Legal Officer, Ministry of Justice;

• Mrs. Nthabiseng Lelisa Legal Officer, Ministry of Law;

• Mrs. Bokang Lethunya Legal Officer, Ministry of Law.