Country Report on Human Rights Practices for 1985
LESOTHO
Lesotho is nominally a constitutional monarchy under King
Moshoeshoe II, but in fact almost all political power is held
by Prime Minister Leabua Jonathan and his ruling Basotho
National Party (BNP). In 1970, Jonathan suspended the
Constitution, which provided for parliamentary democracy, and
declared the results of that year's election null and void.
The Government contended that traditional democratic practices
were preserved in the ensuing period through the holding of
public meetings known as "pitsos," but dissent is rarely aired
at these government-orchestrated gatherings. In 1985 Lesotho
scheduled its first elections in 15 years. Although a number
of opposition parties had indicated their intent to field
candidates, in the end they did not participate, alleging
general intimidation of opposition leaders and supporters, and
electoral malpractices. Only Jonathan's BNP candidates
fulfilled the requirements for election to the National
Assembly. The BNP candidates, in accordance with Lesotho law,
were then declared elected (unopposed) on September 17, 1985.
Sporadic violence occurred during 1985, partly as a result of
clashes between the security forces and groups opposed to the
South African regime, and partly in connection with political
opposition to the regime. The Government cited trouble with
the African National Congress (ANC) and the Pan-African
Congress (PAC), but especially the threat of and occasional
attacks by the outlawed Lesotho Liberation Army (an offshoot
of the opposition Basutoland Congress Party) as justification
for the recent strengthening of security laws. The heightened
security posture and undisciplined and poorly trained police
and military forces contributed to human rights abuses. There
are unsubstantiated reports that a "death squad" operates
within the Lesotho Paramilitary Force (the army), with the aim
of eliminating political opponents of the regime. Death
threats have been recorded against both supporters and
opponents of the regime. Some elements of the Basotho Youth
League, an arm of the ruling BNP, have weapons and intimidate
political opponents.
Lesotho is a developing country with a free market economy
based primarily on subsistence agriculture. The economy is
highly dependent on remittances by Lesotho citizens engaged in
migrant labor in South Africa; these remittances amount to
almost 50 percent of Lesotho's gross national product. The
Government is likewise dependent on revenue generated by the
South African Customs Union, which accounts for some 70 percent
of government revenue. The economy rebounded somewhat in 1985
after several years of poor performance, caused partly by the
lingering drought in the southern Africa region.
The Human Rights Act of 1983, technically guaranteeing many
fundamental human rights, came into force in July 1984.
However, the Act is subordinate to the provisions of existing
law which include temporary detention without trial and other
restrictions on human rights. The Parliament passed a new
internal security bill in 1984 which codifies existing security
laws, removes bail in cases of armed robbery, increases minimum
sentences for certain security offenses, and allows for the
detention of witnesses in security cases. While the courts
have not hesitated to rule against the Government in security
cases, potential for mistreatment of prisoners prior to trial
remains high. Mistreatment of those detained for purely
criminal offenses also occurs.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Sporadic incidents of violence occurred throughout 1985 on
several fronts. Several clashes took place between Lesotho
security forces and members of the African National Congress
(ANC) and the Pan-African Congress (PAC). The latter groups
are dedicated to the overthrow of the South African Government,
and some members of the groups have taken refuge in Lesotho.
Events in late 1985 suggested that the outlawed Lesotho
Liberation Army (LLA) is stepping up terrorist activities in
Lesotho. Several deaths also occurred during the 1985 election
campaign.
In March, six members of the PAC were killed by a Lesotho
security patrol near the South African border. Shortly
thereafter, a member of the Lesotho paramilitary force (LPF)
was killed by an ANC member, and the house of an ANC member
was attacked in Maseru. In May, an explosion took the life of
a South African refugee at his house in Maseru. The victim
was believed to belong to the ANC and may have accidentally
blown himself up while making a bomb.
In August, the Government announced that the LLA had launched
an attack on the home of a BNP Parliamentary candidate, killing
four women and two children. The Government protested this
attack strongly to the Government of South Africa, which had
previously permitted an opposition spokesm.an to use the South
African broadcasting system to threaten violent attacks against
Lesotho. An elderly member of the ruling BNP. who was
expected to run for a seat in Parliament, was killed and his
daughter wounded in an attack on his home outside Maseru.
That incident remains under investigation, but to date there
is no indication of the responsible parties.
On October 6, mortar rounds were fired into the west end of
the capital of Maseru, allegedly from South African territory.
There were no casualties. Shortly thereafter, the Government
reported that its security forces had captured a South
African-trained terrorist and killed two more. On October 23,
six women died in a blaze set by armed men. A neighbor who
came to investigate was also shot to death. At least two of
the women had previous ties with progovernment groups. On
November 1, a Maseru-dateline radio broadcast reported that
three BNP supporters, a chief and his wife and child, were
killed in an LLA raid that was launched from South Africa.
Finally, on December 9 Prime Minister Jonathan blamed the LLA
for the murder of seven Basotho the previous week; he said the
terrorists were seen crossing back into South Africa.
In most of these incidents, the Lesotho Government protests
vehemently to Pretoria, alleging that the South African
Government knows of these specific attacks beforehand and that
South Africa generally provides training, refuge, and support
to the LLA insurgents. South Africa denies the charges that
it is involved in the incidents and countercharges that
Lesotho harbors groups which perpetrate violence against South
Africa. In December, South Africa increased its warnings
about ANC presence and activities in Lesotho. On the night of
December 19, nine persons, including South African refugees
whom the ANC claimed as its members, were assassinated in
Maseru. The Lesotho Government blamed South Africa for the
killings, but that Government denied any responsibility.
b. Disappearance
There were no reports of disappearances in 1985.
c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment
Allegations of beatings by police and military personnel
continue to be reported but are difficult to document.
According to Amnesty International's 1985 Report, at least one
state witness in a 1984 trial reportedly testified that he had
been blindfolded and severely beaten by police until he
"confessed" to membership in the LLA. Such abuse generally
takes place during the arrest and interrogation phases, and it
appears to extend to cases related to national security as well
as to common crimes. Detention facilities are very poor. In
view of Lesotho's limited resources, it is unlikely that any
major improvements can be expected. Prisoners who can afford
lawyers (and are thus more likely to file lawsuits charging
abuses) usually receive better treatment. In late 1984, the
high court awarded about $5,500 in compensation to a chief who
sued the Government for illegal arrest, detention, and torture
at the hands of the police in November 1982, illustrating that
civil remedies are possible for those complaining of human
rights abuses.
d. Arbitrary Arrest, Detention, or Exile
Habeas corpus applies to all arrests except those involving
persons detained under the Internal Security (General) Act of
1982. This Act provides for preventive detention without
charge or trial for up to 42 days and for holding detainees
incommunicado for part of that time. During the second stage
of the detention, ministerially appointed "advisors" — thus far
all employees of the Government — report on the health of the
detainee, investigate whether the detainee has been involved
in subversive activities, and advise the Minister on the need
for continued detention. Detainees may make representations
on their own treatment only through the advisors. The Internal
Security (General) Act, as amended in 1984, disallows bail in
cases of armed robbery and allows for detention of witnesses
in security cases.
In 1985, observers indicated that there might be as many as
100 to 200 persons in custody of one sort or another as a
result of alleged political crimes. At least one political
detainee, Daniel Moeketsi, died in detention in 1984 according
to Amnesty International.
There is no forced labor practiced in Lesotho.
e. Denial of Fair Public Trial
The judiciary in Lesotho is independent and has acted to limit
police and military infringements of law and procedure on a
number of occasions (see example in Ic) . However, the
Government abruptly notified the Chief Justice, a man known
for his efforts on behalf of justice and civil rights, that
his recently renewed contract would instead be terminated as
of April 1986. Court decisions and rulings are respected and
obeyed by the authorities. Accused persons have the right to
counsel. Civil suits alleging maltreatment are accepted and
adjudicated. Verdicts of Civil Courts may be appealed to the
High Court. In military cases, decisions may be appealed to
more senior officers, including the Lesotho army commander,
but not to civilian courts. Under the system of Roman-Dutch
law applied in Lesotho, there is no trial by jury.
Traditional courts do exist, largely in rural areas, but their
influence is declining, and they generally handle only family
disputes and cases of violation of custom.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence .
These rights are generally respected in Lesotho, although
under the Internal Security Acts of 1982 and 1984 the police
have wide powers to stop and search and to enter homes or
other places without a warrant. There have been credible
allegations of forced entry into the home, but these are quite
likely the result of indiscipline.
Section 2 Respect for Civil Rights, Including:
a. Freedom of Speech and Press
The Human Rights Act of 1983 provides for freedom of expression
but subordinates this freedom to the protection of national
security. In practice, opposition viewpoints are expressed
freely only in two Lesotho-language weekly newspapers published
by the Roman Catholic and Evangelical churches. In 1984,
criticism centered on the delay in elections, intimidation of
opposition candidates, the Government's format for elections,
and the tardy announcement of the voter registration lists.
This criticism has been tolerated but, at the same time,
attacked strongly by Lesotho's sole radio station which is
government-owned and also by a government-published weekly
newspaper. The Government has also rebutted articles and
viewpoints on Lesotho in the South African media which are
widely available in Lesotho. A private daily. The Nation,
which was temporarily a vehicle for a variety of political
opinions, closed for lack of financial backing after printing
46 issues. As elections approached. Radio Lesotho sharply
stepped up its attacks on opposition parties and politicians,
depicting them variously as irrelevant groups lacking support,
political has-beens, or agents of the South African Government.
b. Freedom of Peaceful Assembly and Association
Opposition political parties (with the exception of the
Communist Party) are permitted, and two new parties were
established in 1985. Permits are required for public and
private meetings. Groups wishing to hold political rallies or
organized sessions sometimes encounter difficulties in the
form of denial or delays in the issuance of permits or of
investigatory arrests of attendees. Police are normally in
attendance at such meetings. During the electoral campaign in
1985, opposition parties complained of harassment and threats,
particularly from the newly formed National Youth Service,
which serves as a police auxilliary, and from the Basotho
Youth League, an arm of the ruling BNP. These groups are
widely reported to be armed.
All trade unions in Lesotho enjoy the right to organize,
bargain collectively, and strike. However, trade unionism has
played a relatively minor role in society, largely because of
the small size of the modern manufacturing, retail, and
service sectors. In 1984, the Government intervened to help
form a single trade union confederation after negotiations for
the merger of the two existing confederations broke down.
Although there is still some opposition to the new
confederation, named the Lesotho Congress of Free Trade Unions
(LCFTU), 24 of Lesotho's 28 trade unions participated in the
LCFTU's first convention in May 1985 and elected the existing
leadership to 3-year terms. The LCFTU has rewritten Lesotho's
badly outdated labor laws and expects to submit to Parliament
later this year the draft agreed to by the Employers'
Federation and the Government.
Union, government, and employer representatives have
participated in delegations to the International Labor
Organization and other foreign trade union organizations.
Lesotho has hosted meetings of the labor arm of the Southern
African Development Coordinating Conference and the
international mineworkers. The LCFTU is a member of the
International Confederation of Free Trade Unions, as well as
of the Organization of African Trade Union Unity.
c. Freedom of Religion
There is no state religion in Lesotho. Free and open religious
practice is permitted. Christianity is the dominant faith of
the majority of Basotho, with the principal denomination being
Roman Catholic. There is a significant Protestant minority as
well, which is composed of the Lesotho Evangelical Church
(Presbyterian), the Anglican Church, and a wide variety of
other denominations. Conversion is permitted, and there is no
indication that there is any social or political benefit
attached to belonging to any particular sect.
The Government has been critical of church groups and leaders,
accusing them of conspiring with opposition political factions
which support violence, and has harassed prayer meetings
calling for national reconciliation. Prominent church leaders
have been among those who have received death threats.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Movement within the country is not restricted, although the
police and the military sometimes set up temporary roadblocks
to check insurgent activity. There is no legal restraint on
emigration, but overseas travel is made more difficult by the
sizable repatriation deposit required of passport applicants.
Many citizens of Lesotho perform migrant labor in South
Africa's mining and other industries.
Several thousand refugees from South Africa reside in Lesotho.
They are generally free to move about the country although the
Government imposes restrictions on their political activities
as a condition of entry. Until recently, government policy
has been to integrate refugees into the mainstream of Lesotho
society to the extent possible. However, since the South
African raid against refugees in Maseru in 1982, and in light
of continuing pressure from South Africa, Lesotho has, in
practice, become primarily a country of transit for refugees.
Although Lesotho is a signatory of the U.N. Protocol Relating
to the Status of Refugees, refugees who leave Lesotho on U.N.
travel documents issued by Lesotho are sometimes not granted
the right to return. A number of political exiles from
Lesotho are resident in neighboring countries, notably Botswana
and South Africa. The 1980 Amnesty Act allows political
exiles to return after signing statements concerning any
criminal acts they may have committed, but few have done so.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government.
Prime Minister Jonathan and the leadership of his Basotho
National Party have ruled Lesotho since 1965, and, after
voiding the results of the first post independence elections in
1970, did not permit new elections until 1985-15 years later.
The 1985 elections were marked by a series of opposition
complaints, first over electoral procedures, and then over
allegations of harassment at meetings and rallies and over
death threats to some leaders. The leader of the Marematlo
Freedom Party filed an urgent petition with the High Court
requesting a ruling to delay the election date, but the suit
was dismissed on August 13. As a result, all the opposition
parties agreed not to participate in the election. On
nomination day, the candidates of the ruling BNP from each of
the 60 constituencies were unopposed and were therefore
declared elected on September 17, 1985. In view of the
opposition boycott of the elections, it has been difficult to
assess the true level of support for any of Lesotho's
political parties. The leaders of 4 of the opposition parties
were among a list of 20 persons nominated by the King to be
members of the National Assembly, but according to a recent
report, all 4 had declined.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In past years, representatives of Amnesty International who
have visited Lesotho to investigate human rights conditions
have met with government officials and have been given access
to some security detainees who complained of abusive
treatment. In general, the Government has attributed alleged
human rights violations to an excess of zeal or indiscipline
by low-level police or military officials. The Government
maintains that any abuses are not sanctioned by government
policy and has pointed out that judicial remedies for alleged
abuses are available in the courts. As indicated in its 1985
Report, Amnesty International remains concerned about
detention without trial of suspected opponents of the
Government and about deaths of prisoners while in custody. In
1985, Amnesty International brought to the attention of the
Government of Lesotho reports it had received that death
threats had been made against 14 named Basotho. As reported
over Radio Lesotho, the Government said it was not
knowledgeable about such threats but condemned such action and
promised to punish the guilty parties if they are found.
Freedom House rated Lesotho "partly free."
ECONOMIC, SOCIAL, AND CULTURAL SITUATION
Lesotho's population is estimated at 1,512,000, with an annual
growth rate of 2.6 per cent. Designated by the United Nations
as "one of the least developed countries," Lesotho had a per
capita gross national product of $460 in 1983. Lesotho's
economic plight is complicated by its lack of natural
resources, its mountainous terrain, and low rainfall.
Development of water resources, including potential
hydropower , appears the best long-term prospect for economic
development .
Lesotho's economy is closely tied to South Africa's economy.
Remittances from migrant workers in the Republic of South
Africa are of crucial importance since over 90 percent of the
country's imports come from South Africa. Lesotho is a member
of the Customs Union Agreement between the Governments of
Lesotho, Botswana, South Africa, and Swaziland, and is a
member of the Rand Monetary Area. Customs Union receipts in
recent years have averaged about 70 percent of total
government revenues. These funds, coupled with donor support
programs, have managed to prop up a weak economy. Only about
10 percent of the labor force in Lesotho is employed outside
traditional agriculture. The prospect of better paying jobs
has attracted the best of the Lesotho labor force to South
Africa, including the homelands, at the expense of local
development .
Life expectancy was estimated at 54 years in 1985, and the
infant mortality rate was 98 per 1,000 live births.
Nutritional standards are barely adequate, with the ratio of
caloric supply available for consumption to nutritional
req\iirements estimated in 1977 to be 102 percent. Drought
conditions over the last few years, however, have hit some
areas hard, and cases of malnutrition have been reported. In
1975, only 17 per cent of the population was estimated to have
access to safe water. A severe water shortage in the capital
city in late 1985 caused a major setback in efforts by the
Government and international donors to improve this situation.
Lesotho has a long history of church-sponsored primary schools
throughout the country, which have contributed to a
comparatively high adult literacy rate, i.e., approximately 60
percent. School enrollment in 1982 was 128 percent of the
number of children in the primary age group — 110 per cent for
boys and 148 percent for girls. Church and government
commitment to education is considerable, and despite a
shortage of funds, universal education and improvement of
educational quality is underway.
The Employment Act of 1967 spells out basic workers' rights
including a 45-hour workweek, a weekly rest period of at least
24 hours, 12 days' paid leave per year, and pay for public
holidays. Employers are required to provide adequate light,
ventilation, and sanitary facilities for employees and to
install and maintain machinery to minimize the risk of
injury. Children under 14 years of age are prohibited from
employment in anything other than family businesses. Children
under 16 are not allowed to work in excess of 8 hours a day,
and employers are prohibited from employing any child in
hazardous conditions. The Government sets minimum wages for
various types of work. In practice, these regulations are
generally followed.
All Basotho have fairly equal opportunities, although in the
areas of property and contracts married women's rights are
limited by law and custom. For example, a married woman
cannot apply for a loan without her husbands' written
consent. Women in Lesotho have traditionally been the
stabilizing force in the home and in the agricultural sector,
given the absence of over 100,000 Basotho men who work in
South Africa. There are more female than male children who
complete primary and secondary schools. Better use of women's
talents and abilities will depend on their access to credit,
changes in the land tenure laws, and cultural practices. The
Government speaks of increasing women's rights but is doing
little to actually upgrade the status of women in Lesotho.
