Country Report on Human Rights Practices for 1986
LESOTHO
On January 20, 1986 the regime of Prime Minister Leabua
Jonathan, in power since independence, was ousted by the
Lesotho Paramilitary Force (LPF). The coup leaders established
a Military Council, abolished the post of Prime Minister, and
formally conferred all legislative and executive power on
Moshoeshoe II, the previously powerless King of Lesotho. The
military leaders and the King rule by decree but appointed a
mix of civilians and military officers to a restructured
Council of Ministers to administer the day-to-day operations
of the new Government. The new regime banned "political
activity" for an unspecified period.
The reasons for the military takeover, led by Major General
J.M. Lekhanya, were complex but were rooted in the fact that
the Jonathan regime, which itself had illegally seized power
in 1970 after adverse electoral results, had alienated not
only key Basotho power elements but also the general
population. In addition, the South Africans had virtually
closed the land borders because of concerns over African
National Congress (ANC) cross-border operations and were
publicly threatening more direct action if the Jonathan
Government did not root out ANC presence in Lesotho.
A landlocked country completely surrounded by South Africa,
Lesotho is almost entirely dependent on South Africa for trade,
finance, and employment. About half of the male labor force is
employed in South African mines, and remittances from workers
($250-$300 million annually) are of key importance in the
economy, especially in financing imports.
The new Government adopted a policy of national reconciliation
upon its assumption of power and did not engage in harsh
reprisals against members of the former Government. It called
for the return of Basotho nationals who had exiled themselves
for political or economic reasons in the past, although Ntsu
Mokhehle, the exiled leader of the Basotho Congress Party and
the outlawed Lesotho Liberation Army (LLA) rejected the
government's general amnesty. In 1986 there was a vast
improvement in personal security with the disarming of
nonpolice and nonmilitary personnel undertaken after the coup.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There have been three incidents since December 1985 which
involved political killings. In early December 1985, three
citizens of Lesotho and six South African exiles were killed in
a nighttime raid in Maseru by unidentified assailants.
Reportedly, the perpetrators of these killings were assassins
operating against suspected ANC members and/or sympathizers.
In March 1986, two senior officers of the Royal Lesotho
Defense Force (formerly Lesotho Paramilitary Force), awaiting
trial on charges stemming from events surrounding the January
1986 coup, died mysteriously while in prison. Despite many
rumors, there has not been a credible explanation for these
killings. The authorities claimed that both men died of
natural causes, but the results of the autopsies and of
further investigations were never publicized.
Former Minister of Information Desmond Sixishe and former
Minister of Foreign Affairs Vincent Makhele, along with their
wives, were abducted from the home of Mrs. Sixishe 's sister on
November 15, 1986, taken to a mountain road, and murdered.
The two former ministers were among the principal radicals in
the Jonathan cabinet. The police investigation into the crime
was continuing at the end of 1986 amidst much public
speculation as to perpetrators and motives, e.g., the settling
of old scores by Basotho or the possibility of action by an
LLA or a South African assassination team. Some observers
speculated on possible Military Council involvement or
complicity in the crime.
b. Disappearance
The reports of known disappearances during 1986 concerned
several refugees from South Africa who reportedly were lured,
or perhaps kidnaped, by elements operating from South Africa
and reportedly taken across the border into the Republic of
South Africa. There have been no credible reports of
disappearances of Basotho nationals.
c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment
The advent of the new military Government resulted in a
decrease in the number of allegations of improper police and
military conduct. While it is probable that some beatings and
harsh interrogations, particularly of criminal suspects,
continued to take place, the new Government does not condone
torture or other forms of cruel or harsh treatment by police
or military authorities. Incidents of police abuses that do
occur are believed to be the result of overzealousness at
lower levels and lack of proper supervision.
d. Arbitrary Arrest, Detention, or Exile
Since the January coup, the treatment of civilian and military
personnel associated with the Jonathan regime has generally
been good. There were several periods of interrogation of
some former ministers, but there were no instances of
politically motivated arrest and/or prolonged jail detention
or evidence of intent to take severe retributive action against
members of the former government or their supporters. In
response to continued public statements and alleged "plotting"
in August, the military Government restricted the movement of
several former ministers, including Jonathan, to their
immediate home areas.
Well established procedures remain in effect under the new
Government for normal civil and criminal cases, including the
right of a detainee to an early determination as to the
legality of the detention. However, in political cases, the
Internal Security (General) Act of 1982 applies. 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, such advisers
have been 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 arqied robbery and allows
for detention of witnesses in security cases.
Knowledgeable observers report that they know of no persons in
custody as a result of alleged political activities under the
new regime. A credible government official denies that the
practice of political detention exists.
There is no forced labor practiced in Lesotho.
e. Denial of Fair Public Trial
The new military regime did not institute legal proceedings
against Jonathan or other members of his regime for political
or other crimes. From time to time senior government
spokesmen raised the possibility of trials for individual
politicians of the Jonathan era who may have committed common
crimes, as opposed to political acts unacceptable to the new
Government. The only persons incarcerated and subjected to
either the threat of trial or actual court action were a small
number of soldiers from the Lesotho Paramilitary Force who, in
effect, mutinied against the Force command structure just
prior to the January 20 coup. As noted in l.a., two of those
persons died mysteriously while in custody. Court martial
proceedings were reportedly instituted against several others
in early November.
The judiciary in Lesotho remains independent under the new
Government. The courts have acted to limit infringements of
law and procedure on numerous occasions in past years. Court
decisions and rulings are respected by the authorities.
Accused persons have the right to counsel. Under the system
of Roman-Dutch law applied in Lesotho, there is no trial by
jury. The judiciary consists of a Court of Appeal, the High
Court, magistrate courts, and customary or traditional courts
which exist largely in rural areas to administer customary
tribal laws.
The new regime is attempting to increase familiarity with the
law and its protection of individual rights through the
established educational system. The King's "Practical Law in
Lesotho" project, which is backed by the Ministers of Law and
Education as well as by the judiciary, is intended to
introduce a layman's course on these subjects into the Lesotho
high school curriculum.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
These rights are generally respected in Lesotho, although
under the Internal Security Act the police have wide powers to
stop and search and to enter homes or other places for a
similar purpose without a warrant. During the Jonathan
regime, there were credible allegations of forced entry by
authorities into the home. There were no such reports in 1986.
Section 2 Respect for Civil Liberties, 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. Early in 1986, a formal ban on "politics" was
announced. Although there has been little or no elaboration
of the limits of that ban, it has been interpreted in practice
by the public as prohibiting formal political party activity,
including prohibiting persons from making political speeches
or publishing or distributing political party materials. Thus
under the new Government, public freedom of speech in the
political arena is tightly restricted. In private, however,
the Basotho tend to openly criticize the Government and the
political system.
Opposition viewpoints are expressed freely in two Sesotho-
language weekly newspapers published by the Roman Catholic
Church and the Evangelical Church respectively, the only
privately owned newspapers in the country. During the Jonathan
regime, this criticism was tolerated but was attacked strongly
by Lesotho's sole (and governinent-owned) radio station and also
by the government-published weekly newspaper, Lesotho Today.
The former Government also rebutted reporting and editorials
on Lesotho in the South African media, which is widely followed
in Lesotho. The new Government has adopted policies which have
not exposed it to much adverse comment from the South African
media .
The new Government still exerts control over the official
media, (one radio station and a weekly newspaper) but did not
resort to use of this media in 1986 to attack its critics. In
fact, apart from a few editorials and comments in the church
papers, mainly pressing the military Government to continue
its effort to bring back into the political life of the
country Ntsu Mokhehle and his Lesotho Liberation Army, there
has been remarkably little criticism from any quarter. This
lack of criticism was due in part to the military Government's
popularity in 1986, in contrast to that of its predecessor.
b. Freedom of Peaceful Assembly and Association
The military Government's ban on "politics" has not been
interpreted to require the dissolution of existing political
parties, but it precludes political meetings and rallies.
Nonpolitical organizations and professional groups continue to
exist and hold their regular meetings.
Numerous individuals within the society meet privately to
discuss politics and may be working out future strategies for
their activities as members of political parties when the
current ban is ultimately lifted. The military Government
takes a relaxed view of this situation and has made no attempt
to inhibit such political discussion and advance planning.
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 urge the
formation of a single trade union confederation after
negotiations for the merger of the two existing confederations
broke down. Although some opposition to the new confederation
lingers, 24 of Lesotho's 28 trade unions participated in the
Lesotho Congress of Free Trade Unions' (LCFTU) first convention
in May 1985 and elected the existing leadership to a 3-year
term. The LCFTU redrafted Lesotho's badly outdated labor laws,
and agreement to the new draft by the Employers Federation is
expected in 1987.
Union, government, and employer representatives have
participated in delegations to meetings of the International
Labor Organization and other foreign trade union organizations.
Lesotho has hosted meetings of the labor arm of the Southern
African Development Coordination Conference, as well as
meetings of the International Mineworkers . The LCFTU is a
member of the democratically oriented 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 number of other
smaller denominations. Conversion is permitted, and there is
no indication that there is any social or political benefit
attached to belonging to any particular sect.
A number of church groups praised the new Government's call
for national reconciliation, and some groups were outspoken in
asking the Government to redouble its efforts to reintegrate
Ntsu Mokhehle and his exiled LLA into the country's political
life. The previous Government was critical of church groups
and leaders, accusing them of conspiring with opposition
political factions which supported violence. Occasionally,
Jonathan's forces harassed prayer meetings calling for
national reconciliation.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
As one of its first major acts, the new Government declared a
general amnesty for all Basotho in exile, which was
specifically aimed at Ntsu Mokhehle, exile leader of the
Basotho Congress Party (BCP), and his followers. The
Government maintains that they are free to return without fear
of retaliation for past activities. However, Mokhehle's
attitude indicated that he wishes to return only if he can be
guaranteed a leading, if not the leading, position in the
existing Government.
According to the Lesotho Christian Council of Churches, more
than 500 Basotho who were resident primarily in Botswana and
South Africa, including BCP/LLA members, have returned to
Lesotho. Their reception has been positive, despite financial
difficulties, since the Government has limited funds available
to assist in the repatriation process.
Concerning refugees from South Africa, the Government wishes
to reduce tensions with South Africa and at the same time has
declared its intent to honor past commitments to receive all
refugees who cross into Lesotho seeking asylum. Accordingly,
the Government arranges movement of all refugees into amenable
third countries, primarily Zambia, Tanzania, and Kenya, as
soon as possible after they are formally registered as
refugees. To prevent ANC armed acts against South Africa from
Lesotho territory, the Government announced in midyear that
all foreign nationals who enter or who previously had entered
Lesotho improperly must register as refugees or they would be
subject to repatriation to the country from which they came.
By the time this policy was announced, many ANC and other
activists had already departed Lesotho.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The military Government which assumed power in January 1986
announced that it intends to remain in place until the process
of national reconciliation has been effected. No terminal
date for this process has been announced, nor has any tentative
schedule been set for return to civilian rule, elections, or
constitutional revision. Thus, the Basotho people currently
do not have the freedom to replace the existing Gcverrxm,ent ,
but, after 16 years of authoritarian rule by the Jonathan
regime, the initial popular reception of the new Government
was generally positive, especially its goal of national
reconciliation.
The Government initiated one political institution-building
step in 1986 that may ultimately lead to a tiered system of
indirectly elected representative organs. At the end of the
year, each village in Lesotho was in the process of
establishing a Village Development Committee, with members of
the Committee initially selected by village consensus. The
objectives of these Village Committees were not clear but
seemed aimed at determining the line of economic development
the village should pursue, seeking funds for individual
development projects, and then implementing them. The
Government also began preliminary planning for regional and
ward development committees as the next steps in developing
political bridges between the villages of the country and the
national Government. King Moshoeshoe, in a speech to the
nation December 24, called the committees "town councils" and
said he viewed them as "the beginning of a road to a national
assembly of the future."
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The human rights situation in 1986 has drawn no known interest
on the part of international human rights organizations. There
is no reason to believe that the new Government would be
unwilling to discuss human rights issues with outside
organizations .
In past years, representatives of Amnesty International have
visited Lesotho to investigate human rights conditions and
have been provided access to some security detainees who
complained of abusive treatment. In general, the Jonathan
Government attributed alleged human rights violations to an
excess of zeal or indiscipline by low-level police or military
officials, stated that such violations were not sanctioned by
Government policy, and pointed to the judicial remedies
available in the courts.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Basotho nation is one of the rare national entities on the
African continent without a minority problem. All citizens
are basically of Basotho stock or have married into the Basotho
tribal grouping. The expatriate communities are small and not
considered to be a major factor in the country's political
life. Exiles from South Africa have from tim.e to time
encountered some discrimination, since these exiles are often
viewed as magnets for real or fancied South African political
or armed intervention.
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 husband's 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 land tenure
laws, and cultural practices. The new Government has not yet
addressed the issue of women's rights.
CONDITIONS OF LABOR
Roughly, 90 percent of the labor force in Lesotho is employed
in traditional agriculture. The prospect of better paying
jobs has attracted more than half of Lesotho's male labor
force to the Republic of South Africa. Most of the migrant
laborers work in South Africa's gold and coal mines.
Lesotho's 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 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 within the wage-scale economy.
