The Kingdom of Lesotho is an enclave within South Africa. Its Constitution, amended in 1993, grants civil and political rights to all individuals but also recognises customary (traditional) law and, thus, continues to uphold discrimination in some areas. In fact, Lesotho has a dual legal system, incorporating both civil and customary law.
According to customary law, women are legal minors who are dependent on men (their fathers, husbands or brothers) throughout their lives. This significantly limits women’s rights in several areas, particularly in regard to inheritance and ownership (including the right to enter into contracts). The traditional culture of the Basothos, one of Lesotho’s main ethnic groups, further contributes to women being restricted to inferior roles in society.
The economic situation in Lesotho also affects women. Job opportunities are very limited and nearly half of the mainly male labour force works in South Africa. As a result, women effectively head a large proportion of households.
Women in Lesotho have a highly disadvantaged position within the family. Early marriage is prevalent: a 2004 United Nations report estimated that 18 per cent of girls between 15 and 19 years of age were married, divorced or widowed. In contrast to trends in nearby countries, the average age of first marriage for women in Lesotho appears to be static and may even be dropping.
Polygamy is legal in Lesotho, but it is practised by only a very small proportion of the population.
In keeping with highly patriarchal traditions, husbands in Lesotho are regarded as the head of the family and have the sole right to exercise parental authority. In the event of divorce, custody of the children is granted to the father. If a father dies, parental authority reverts to his family, not to the children’s mother.
According to the customary law on inheritance, married women have no right to inherit the goods and property acquired by the couple. The estate passes to the eldest son of the husband’s first wife. The situation of daughters is not known, but it is likely that the same discrimination (i.e. no right to inheritance) applies.
The physical integrity of women in Lesotho is poorly protected. Violence against women appears to be common, although no statistics are available. Traditionally, a woman who is sexually abused by her husband can return to her parent’s home. Civil law recognises domestic violence as a criminal act, but there have been very few convictions. Punishments vary according to the severity of the violence, and often depend on the judge’s assessment of the case. In recent years, domestic violence has become less socially acceptable, largely due to awareness-raising programmes and actions undertaken by NGOs. The law also prohibits rape, including spousal rape, and provides for a minimum sentence of five years in prison, which cannot be replaced by a fine.
Female genital mutilation is practised in Lesotho, but no information is available about its prevalence or whether there is specific legislation forbidding it. Lesotho does not appear to be a country of concern in relation to missing women.
Lesotho’s civil legislation on property ownership provides for equal rights for men and women, but customary law limits women’s ability to exercise these rights. Public opinion is divided over whether customary law or the 1993 Constitution should prevail in the area of ownership rights.
Access to land is still largely determined by customary law, which states that men alone have ownership rights. In 2006, the government passed a civil law that aimed to eliminate the discrimination currently imposed upon married women through customary law; to date, the new law has had little effect.
The situation is equally discriminatory in regard to access to property other than land. Marriage under customary law gives men full rights to manage their spouses’ property, but prohibits married women from entering into any type of contract without the prior consent of their husbands.
Under the civil law, women in Lesotho have the right to access to bank loans. But women who have married under customary law must obtain consent from their husbands before applying for loans. Because land is often required as security, women’s limited access to land effectively restricts their access to loans.
Women’s civil liberties in Lesotho are highly restricted by tradition, particularly in relation to their freedom of movement and their ability to travel abroad. Women married under customary law cannot obtain a passport without the consent of their husband. Women who have had children outside marriage face difficulties and humiliation when applying for official travel documents. There are no reported restrictions on women’s freedom of dress in Lesotho.
CRC (Committee on the Rights of the Child) (2002), Examen des rapports présentés par les Etats parties en application de l’article 44 de la convention. Observations finales du comité des droits de l’enfant: Lesotho, CRC/C/15/Add.147, CRC, New York, NY.
ECOSOC (United Nations Economic and Social Council) (2003), Integration of the Human Rights of Women and the Gender Perspective: Violence Against Women, E/CN.4/2003/75/Add.1, UN, New York, NY.
IPU (Inter-Parliamentary Union) (n.d.), Legislation and Other National Provisions: Lesotho, Parliamentary Campaign “Stop Violence Against Women”: Female Genital Mutilation, IPU, Geneva, www.ipu.org/wmn-e/fgm-prov.htm, accessed 10 October 2007.
MOH (Ministry of Health and Social Welfare) Lesotho, BOS (Bureau of Statistics) Lesotho and ORC Macro (2005), Lesotho Demographic and Health Survey 2004, MOH, BOS, and ORC Macro, Calverton, MD.
Mosetse, P. (2006), Gender Stereotypes and Education in Lesotho, University of the Free State, Bloemfontein.
Struensee, V. von (2005), “The Contribution of Polygamy to Women’s Oppression and Impoverishment: An Argument for its Prohibition”, Murdoch University Electronic Journal of Law, Murdoch, www.austlii.edu.au/au/journals/MurUEJL/2005/2.html#fn100.
UN (United Nations) (1998), United Nations Population Fund Proposed Projects and Programmes, Recommendation by the Executive Director Assistance to the Government of Lesotho, DP/FPA/LSO/3, UN, New York, NY.
UN (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
UN (2006), World Population Prospects, Population Database, UN Population Division, New York, NY.
UNICEF (United Nations Children’s Fund) (2001), “Early Marriage, Child Spouse”, Innocenti Digest, No.7, UNICEF, New York, NY.
US Department of State (2007a), Country Reports on Human Rights Practices: Lesotho, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
US Department of State (2007b), International Religious Freedom Report: Lesotho, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
