English - African Commission on Human and Peoples' Rights

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The recently released statistics from Disease Control: STD/AIDS Unit - Ministr\ ofHealth show a cumulative total of 10880 cases of AIDS, since 1986 - 1999.As a preventive measures a national consensus workshop on strategic planning for theprevention and control of HIV/STD, Second Medium Term Plan 1995-2000, was heldbetween 3-5 April, 1995, at Maluti Mount Hotel, Mohale's HoekThis workshop identified a number of determinants for HIV/AIDS and also suggestedinterventions, which include avoiding pregnancy when one is HIV positive, promotionof maternal child health services including counselling, testing of blood for HIV beforetransfusion, sterilization of skin piecing instruments, etc.The National Aids Programme, which is run by the Government aims at controlling thespread of HIV/AIDS in Lesotho and mitigating its impact on all vulnerable groups,individuals, families, communities, and the nation at large. It is mandated to spear headand co-ordinate all HIV/AIDS prevention, support and care activities in Lesotho, incollaboration with local and international partners to realise an HIV/AIDS free society.The programme targets every Mosotho, especially the youth and the most vulnerablegroups, and individuals, with accessible, quality information and education with a viewto changing attitudes and sexual behaviour, resulting in a decrease of occurrence ofHIV/AIDS. The Programme and its partners, is wholly committed to promoting,counselling, support and compassionate care service for people living with HIV/AIDS,affected I dim lies and orphans.In addition to governmental efforts, the Christian Council of Lesotho AIDS EducationUnit, is also involved in the control of the spread of AIDS. Their activities includesupport to individuals and families affected by AIDS, bringing awareness of thepopulation about AIDS, and advocating for change in sexual attitudes.The Internal Security Act No.24 of 1984 was intended to regulate internal security ofLesotho. This however, has been abused by previous governments, to detain theopposition and anybody, whose views were contrary to those of the government of theday. This is being redressed by the democratically elected Government, particularly byrepealing the oppressive parts of the law. It is significant to point out that the democraticGovernment respects the right to life and has never ordered/authorised extra-judicialexecution of anybody.As far as compensation of victims of torture is concerned, the law always takes its course.and victims go to court for compensation. There is however the issue of people who ∎A ereshot at and killed and some maimed, when they demonstrated against the dissolution ofthe democratically elected Government, on 17, August, 1994. This will be solved in thenear future, as Government has made it clear that despite the amnesty granted to theDefence Force, the Police, National Security Service, the Prisons and former members39
of Lesotho Liberation Army, victims are free to claim compensation in Courts of Law.The Government has not yet taken steps to abolish capital punishment. In practicehowever, most death sentences are commuted to life imprisonment or long prisonsentences.Since 1992 to date, 6 death sentences have been handed down by the High Court formurder, e.g. Rex v Beleme CRI/T/76/90, Rex v Tlali Serine CRI/T/90/82, andPhumo vs Rex CA/CRU7/90, where the Court of Appeal commuted the death sentenceto 7 years imprisonment, in Rex vs Sosolo CRI/T/13/90, the Court of Appeal commuteddeath sentence to 15 years, while in Sekhobe Letsie and Another vs Rex CA/CRI/3 and4/91, the death sentence was commuted to life in respect of the second accused.ARTICLE 5Section 8 (1) of the Constitution provides that no person shall be subjected to torture orto inhuman or degrading punishment or other treatment. Subsection (2) further providesthat nothing contained in or done under the authority of any law shall be held to beinconsistent with or in contravention of this section to the extent that the law in questionauthorises the infliction of any description of punishment that was lawful in Lesothoimmediately before the coming into operation of this Constitution. The Government isconcerned about torture, cruel and inhuman or degrading punishment To this end thesecurity forces are being sensitised about prohibition of torture, as was the case duringthe National Seminar on Human Rights and Democracy; and the in-service trainingcourses for police and prison officers, organised under the auspices of the Support forHuman Rights and Democracy Project. [See annexure National Seminar Report and InService Training Reports].This issue of torture has been debated in several fora in Lesotho, and it has beenrecommended that as a means of eradicating torture, by the police and security forces, the<strong>Commission</strong>er of Police should not only invite torture, victims to lodge complaints, butmust ensure that information pertaining to the money paid out to torture victims isdisseminated to the general public. It was also recommended that when the<strong>Commission</strong>er of Police deals with torture complaints, the public ought to be invited andthe Law Society should be represented at such hearings. This is yet to materialise.It is also Government's intention to ratify the Convention Against Torture in the not fardistant future.The establishment of a Human Rights Unit and related structure, within the Ministty o fJustice and Human Rights, as indicated above is instrumental in this regard./I 0
Page 2 and 3: ERRATAThe following spelling errors
Page 4 and 5: Title PageTABLE OF CONTENTSTable of
Page 6: Article 8(Freedom of conscience, re
Page 9 and 10: The Government, i.e the Monarchy, E
Page 11 and 12: Lesotho's newly found democracy did
Page 13 and 14: With all these powerful enemies ( o
Page 15 and 16: Total of estimated population censu
Page 17 and 18: 1.9 BASIC DOCUMENTS ON HUMAN RIGHTS
Page 19 and 20: Now that three years have passed ev
Page 21 and 22: In particular it was pointed out in
Page 23 and 24: participate hi the elections;• el
Page 25 and 26: The Government and Independent Poli
Page 27 and 28: The Department of Social Welfare is
Page 29 and 30: Several children are found abandone
Page 31 and 32: A revision has been made to this re
Page 33 and 34: 1.15 STEPS TAKEN TO PROTECT FAMILY
Page 35 and 36: The Motheris Union is an Anglican S
Page 37 and 38: The Council of State is made up of
Page 39 and 40: _--..■■••••Arramr•r",
Page 41 and 42: In accordance with section 4 of the
Page 43 and 44: circumstances of the case-(a)(b)(c)
Page 45 and 46: also increased among children from
Page 47: of a holistic approach to child hea
Page 51 and 52: imprisonment;(2) Any Chief or Publi
Page 53 and 54: (1)(2)if a parent or guardian of a
Page 55 and 56: (3) Any person who is arrested or d
Page 57 and 58: ( statistics on such cases have not
Page 59 and 60: and free from interference and subj
Page 61 and 62: admissible in evidence against such
Page 63 and 64: interference, freedom to receive id
Page 65 and 66: Section 7 further empowers the Regi
Page 67 and 68: ARTICLE 12The constitution provides
Page 69 and 70: (i)to perform such other functions
Page 71 and 72: (vi) in consequence of any law with
Page 73 and 74: According to Section 30 of the Cons
Page 75 and 76: 1997 - 2001 UNICEF/GOL programme of
Page 77 and 78: In addition to governmental efforts
Page 79 and 80: This issue is of concern to many NG
Page 81 and 82: oadening of the democratic process
Page 83 and 84: Lesotho is a member of the United N
Page 85 and 86: in section 33, which provides:With
Page 87 and 88: Consequently, the government of Les
Page 89 and 90: adopted an action plan of all the r
Page 91 and 92: The Courts shall, in the performanc
Page 93: I esoiho Cabinet Decisions:Cabinet

English - African Commission on Human and Peoples' Rights

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