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TITLE:  LESOTHO HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                            LESOTHO


Lesotho is a constitutional monarchy.  For most of the year,
Prime Minister Ntsu Mokhele and his Basotholand Congress Party
(BCP), which won all 65 seats in the lower house of Parliament
in the 1993 elections, controlled the Government and the
legislature.  After holding open several appointive Senate
seats for the opposition Basotho National Party (BNP), the BCP
Government finally filled the vacancies in early 1994 with BCP
members, further exacerbating BCP-BNP tensions.  Following
serious fighting within the military early in the year, King
Letsie III touched off a constitutional crisis by suspending
Parliament and parts of the Constitution and ruled by decree
during August and September.

Although the King has no executive authority under the 1993
Constitution, he justified the suspension of Parliament by
alleging that the BCP-led Government had ignored several
constitutional provisions.  The King demanded the return of his
father to the throne, former King Moshoeshoe II, who had been
deposed by the previous military government and exiled in
1990.  Under national and international pressure, the King and
political leaders reached an agreement in September to restore
the Constitution and reinstate the BCP Government, with the
Government committing itself to address speedily the royal
family's insistence that King Moshoeshoe II return.  At year's
end, the BCP Government struggled to bridge the political
divisions and constitutional weaknesses highlighted by the
palace coup.

The Lesotho Defense Force (LDF) is responsible for internal and
border security, assisted by the Lesotho Mounted Police (LMP).
While the LDF is nominally responsible to the Defense Minister
and the LMP to the Home Affairs Minister, both services'
actions and policies are under the ultimate control of the
Defense Commission, which is independent of Parliament.  In
January the LDF split into factions that battled one another
across Maseru, causing several civilian casualties.  In April
LDF soldiers briefly held hostage several government ministers
and killed the Deputy Prime Minister.  In May the LMP went on
strike over pay demands and in some cases encouraged looting of
unprotected businesses.  Both the LDF and the LMP supported
King Letsie's August coup, and the security forces shot and
killed demonstrators and reportedly perpetrated acts of torture
and other human rights abuses during the month-long
constitutional suspension.

A land-locked country surrounded by South Africa, Lesotho is
almost entirely dependent on its sole neighbor for trade,
finance, employment, and access to the outside world.  A large
proportion of the adult male work force is employed in South
African mines.  Miners' remittances play a substantial role in
Lesotho's balance of payments, accounting for around 40 percent
of gross national product in 1994.  State-owned organizations
predominate in the agroindustrial and agribusiness sectors, but
private sector activity dominates in manufacturing and
construction.  Under Lesotho's traditional chieftainship
structure, land is controlled by the chiefs and owned by the
Kingdom, precluding private ownership of land.

Throughout the year, security forces and political activists
committed serious human rights abuses.  Against a backdrop of
sustained political tension, there were serious lapses in both
LDF and LMP discipline and professionalism.  Military and
police personnel engaged in extrajudicial killings, arbitrary
arrest and detention of persons, and torture and physically
abuse of senior government officials and many others.  As a
result of complex political circumstances, the weakened BCP
Government took no action to curb military and police brutality
or to punish the offenders.  The Government acknowledged that a
number of preexisting laws were inconsistent with human rights
provisions of the new Constitution but did not act to repeal
the laws.  For example, the legal provisions that allowed for
lengthy detentions without trial continued in force.  Women's
rights continued to be severely restricted, and violence
against women remained widespread.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

Security forces committed a number of political and
extrajudicial killings of civilians through factional battles,
several mutinous actions, or in efforts to oust the elected
Government.  In April LDF soldiers killed Deputy Prime Minister
Selometsi Baholo during an apparent kidnaping attempt, and in
early January, three soldiers were killed and at least eight
civilians wounded in fighting between LDF factions in the
capital.  In December police allegedly beat to death a senior
figure of the now-disbanded Lesotho Liberation Army, the armed
wing of the BCP, while under arrest for suspected criminal
activities.

In August the security forces, who supported the King, fired
into large demonstrations by supporters of the BCP Government,
killing five persons outside Maseru's royal palace gates.  LDF
and LMP forces killed another five persons during celebrations
of the impending Government's reinstatement, held in violation
of a dusk-to-dawn curfew.  Police also killed at least one BCP
protester in southern Lesotho during a march against BNP
opposition politicians.

The authorities did not investigate or prosecute any law
enforcement officials in 1994 for any extrajudicial or summary
killing.  They also failed to investigate the many reports of
police brutality, including pre-1994 reports of deaths in
police custody of a number of unionists and criminal suspects.

     b.  Disappearance

There were no reports of politically related disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

There continued to be credible reports of police brutality,
including beatings of detainees in 1994.  Police tortured one
Member of Parliament by continuously pouring water on him
during extended detention after he led a progovernment march
during the August coup.  There were numerous credible reports
of random security force brutality against curfew violators
during August and September, usually in the form of beatings.

In general, prison facilities in Lesotho are overcrowded and in
disrepair, but do not threaten the health or lives of inmates.
Conditions are not monitored independently.  Rape is not a
significant problem in prisons.

     d.  Arbitrary Arrest, Detention, or Exile

During the April and May mutinies, LDF and LMP members
arbitrarily arrested and detained cabinet members and other
senior government officials.  They arrested dozens of striking
workers at various textile factories and construction sites.

In general, pretrial detainees constitute a significant portion
of total prison population; up to one-half, in some locations.
Because of backlogs, pretrial remand can last several years.

Persons detained or arrested in criminal cases, and defendants
in civil cases, have the right to legal counsel.  The 1981
Criminal Procedures and Evidence Act, as amended in 1984, makes
provision for the granting of bail.  Bail is granted regularly
and generally fairly.

Although the Government acknowledged that the Internal Security
(General) Act (ISA) of 1984 is partly inconsistent with human
rights provisions in the new Constitution, the ISA remains in
force.  The Act provides for so-called investigative detention
without charge or trial in political cases for up to 42 days
(the first 14 days on order of the police; the second 14 days
on order of the police commissioner; and the final 14 days on
order of the Minister of Defense--a portfolio now held by the
Prime Minister).  A political case involves "subversion," a
term loosely defined in the ISA to include "any act or thing
prejudicial to public order, the security of Lesotho, or the
administration of justice."  The Act also allows for detention
of witnesses in security cases and permits the Minister of
Defense to "restrict" a person who, in the opinion of the
police commissioner, is conducting himself in a manner
prejudicial to public order, security, or the administration of
justice.

There were no known restrictions or detentions under the Act in
1994; legal professionals held that any such attempt to detain
persons would promptly be declared unconstitutional by the High
Court.  There were no known political detainees at year's end.

     e.  Denial of Fair Public Trial

The judiciary consists of the Court of Appeal (which meets
semiannually), the High Court, magistrate's courts, and
customary or traditional courts, which exist largely in rural
areas to administer customary law.  The High Court Chief
Justice's decision in August to swear in a provisional ruling
council after King Letsie's coup, in defiance of the
Constitution, raised new questions about the independence of
the judiciary.  In particular, magistrates appear susceptible
to governmental or chieftainship influence.  Accused persons
have and use the right to counsel and public trial.  The
authorities generally respect court decisions and rulings.

There is no trial by jury.  Criminal trials are normally
adjudicated by a single High Court judge who presides, with two
assessors serving in an advisory capacity.  In civil cases,
judges normally hear cases alone.  The High Court also provides
procedural and substantive advice and guidance on matters of
legal procedure to military tribunals; however, it does not
participate in arriving at judgments.  Military tribunals have
jurisdiction only over military cases, and their decisions may
not be appealed.

There were no trials for political offenses in 1994.  There are
no known political prisoners.  Lesotho's law and custom
severely limit the rights of women (see Section 5), but court
treatment of women is not known to be discriminatory in itself.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

Although search warrants are usually required under normal
circumstances, the ISA provides police with wide powers to stop
and search persons and vehicles and to enter homes and other
places for similar purposes without a warrant.  After the May
LMP mutiny, police officers entered without warrant dozens of
residences in the Maseru neighborhoods of Sea Point and
Matimposo, allegedly seeking looted property.  The security
services are believed to monitor routinely telephone
conversations of Basotho and foreigners on national security
grounds.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for these rights, which are generally
respected in practice.  However, the King suspended the
Constitution during the August-September palace coup, and
security force personnel censored the official media outlets to
reflect antigovernment positions.  Under the elected
Government, the official media, which consist of one radio
station, a 1-hour daily newscast on a local television channel,
and two weekly newspapers, faithfully reflect official
positions.

The independent newspapers, including one each controlled by
the Roman Catholic and Lesotho Evangelical churches, and two
English-language weeklies, routinely criticized the
Government.  Independent newspapers covered coup events, but
security forces intimidated some journalists into practicing
self-censorship during this period.

Academic freedom is generally respected.  Students staged
political meetings on the National University campus in
response to the palace coup.  However, the university
Vice-Chancellor warned the teaching staff that openly political
activities were incompatible with their civil service status.

     b.  Freedom of Peaceful Assembly and Association

Under a mid-1993 revision of the ISA, a public meeting, rally,
or march no longer requires prior police permission, only
advance notification.  However, police or local authorities
repeatedly interfered with this right.

In August after the palace coup, LDF and LMP forces killed and
wounded several demonstrators when they dispersed a large crowd
of peaceful progovernment protestors.  Police also used
excessive force to enforce the curfew instituted between
August and September (see also Section 1.a.).

In addition to the BCP and the BNP, there are several smaller
political parties.  Political party meetings and rallies
occurred regularly throughout Lesotho in 1994.  There are no
restrictions on political parties.

     c.  Freedom of Religion

There is no state religion, and all faiths may worship free of
government restriction.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

Citizens generally are able to move freely within the country
and across national boundaries.  The Government places no
obstacles in the way of citizens who wish to emigrate.

As of late 1994, the Government had allowed about 25 refugees
to register with the United Nations High Commissioner for
Refugees (UNHCR) to study in Lesotho.  They were expected to
return to their countries of first asylum after completing
their studies.  Other than these students, Lesotho has no
resident refugee population.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

After the first multiparty democratic elections in over 20
years in 1993, the elected BCP Government was forced to contend
with its first serious threat to power.  The August coup,
instigated by King Letsie III, inspired many Basotho to
demonstrate their support for the democractically elected BCP
Government.  Organized labor and others held two national
"stayaways" to demonstrate support for the ousted Government,
and there were numerous rallies at the National University.  As
a result of both local and international pressure, in
September, the King reversed the coup and the BCP regained
control of the Government.  An agreement between the King and
Prime Minister Mokhehle, brokered by South Africa, Botswana,
and Zimbabwe, called for the reinstatement of ex-King
Moshoeshoe II, Letsie's father, in addition to steps to broaden
Lesotho's political process.  By December both houses of
Parliament had passed a bill to return Moshoeshoe to the
throne, and the Government was expected to act early in 1995 to
arrange his return.

The King's suspension of the Constitution, although
short-lived, highlighted the fragility of constitutional rule
in Lesotho.  Opposition politicians who supported the palace
coup called for new elections, but at year's end the Government
indicated it had no plans to call elections prior to 1998.

There are no legal impediments to women's participation in
government or politics, but women remained underrepresented in
politics.  There is one woman in the Cabinet, as Minister of
Health and Social Welfare.  There are 2 other female members of
the Assembly (out of a total of 65), and 7 women (of 33) in the
Senate.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

Neither the Government nor the briefly installed palace regime
hindered the activities of various nongovernmental human rights
groups.  These groups freely criticized the Government and the
coup regime.  The Government's attitude toward international
human rights groups is untested, as Lesotho has not been
visited during this Government's tenure.  However, there is no
reason to believe the Government would be hostile to or oppose
such a visit.

Section 5  Discrimination Based on Race, Sex, Religion,
           Language, Disability, or Social Status

The 1993 Constitution prohibits discrimination based on race,
color, sex, language, religion, political or other opinion,
national or social origin, birth or other status.

     Women

Both law and custom severely limit the rights of women in such
areas as property, inheritance, and contracts.  Women have the
legal and customary right to make a will and sue for divorce.
However, under Lesotho's customary law, a married woman is
considered a minor during the lifetime of her husband; she
cannot enter into any legally binding contract, whether for
employment, commerce, or education, without her husband's
consent.  A woman married under customary law has no standing
in court and may not sue or be sued without her husband's
permission.  The Government has not addressed the issue of
women's rights.

Domestic violence, including wife beating, occurs frequently.
Statistics are not available, but the problem is believed
widespread.  In Basotho tradition a wife may return to her
"maiden home" if physically abused by her husband; in common
law, wife beating is a criminal offense and defined as
assault.  Few domestic violence cases are brought to trial.
Women's rights organizations, such as the local chapter of the
International Federation of Women Lawyers, have taken a leading
role in educating Basotho women as to their rights under
customary and common law, highlighting the importance of women
fully participating in the democratic process.

     Children

The Government has not addressed directly children's rights and
welfare, although it has devoted substantial resources to
primary and secondary education.  There is no pattern of
societal abuse against children, but many children are working
at a young age (see Section 6.d.).

     National/Racial/Ethnic Minorities

Most citizens speak a common language and share common
historical and cultural traditions.  Small numbers of Asians
(primarily ethnic Chinese and Indians) and South African whites
are active in the country's commercial life.  Economic and
racial tension between the Chinese business community,
specifically textile and garment industry employers, and the
Basotho remained a problem.

     People with Disabilities

The Government has not legislated or mandated accessibility to
public buildings for the handicapped.

Discrimination against physically disabled persons in
employment, education, or provision of other government
services is unlawful.  However, societal discrimination is
commonplace.

Section 6  Worker Rights

     a.  The Right of Association

Workers have the legal right to join or form unions without
prior government authorization.  A large percentage of
Lesotho's male labor force works in South African gold and coal
mines.  The remainder are primarily engaged in traditional
agriculture.  There is a small public and industrial sector.  A
majority of Basotho mineworkers are members of the South
African National Union of Mineworkers (NUM).  However, as a
foreign organization, the NUM is not permitted to engage in
union activities in Lesotho.

Under the 1993 Labor Code, prepared with the assistance of the
International Labor Organization (ILO), all trade union
federations require government registration.  Lesotho's
previously existing trade union federations, the Lesotho Labor
Congress and the Congress of Democratic Unions, attempted to
merge but split again in 1994, to form the Lesotho Trade Union
Congress (LTUC) and the Lesotho Federation of Democratic Unions
(LFDU).  The Government registered neither federation but made
no attempt to inhibit either federation's activities.  Unions
are not tied to political parties.

Overall, unionized workers represent only about 10 percent of
the total work force.  After the Government granted substantial
wage and benefit concessions to the LDF and LMP in June, 1994,
labor movement militancy increased.  There were dozens of
strikes in the textile, garment, and construction sectors.  The
Government did not stop security forces from occasionally
violently suppressing workers participating in wildcat strikes,
including by tear gas, beatings, and detentions.

Procedures for settling disputes are lengthy and cumbersome,
and no legally sanctioned strike has ever occurred in Lesotho
since independence in 1966.  The Government recognized none of
the dozens of strikes in 1994 as "legal."  Legal protection for
strikers against retribution has not been enforced in cases of
illegal strikes; employers dismissed several hundred workers in
the textile industry following wildcat strikes, and the
Government maintained it could not oblige their employers to
reinstate them.

There were no instances in 1994 of governmental restrictions on
international affiliations of contacts by unions or their
members.

     b.  The Right to Organize and Bargain Collectively

All legally recognized trade unions in Lesotho in principle
enjoy the right in law to organize and bargain collectively,
but in practice the authorities often restrict these rights.
Although there was some bargaining between unions and employers
to set wage and benefit rates, employers generally continued to
set wage rates through unilateral action.

Lesotho has several industrial zones, in which mostly textile
and apparel firms engage in manufacturing for export.  All
national labor laws apply in these industrial zones, but
officials of the Lesotho Amalgamated Clothing Textile Workers
Union charge that the Government colludes with employers to
inhibit union organizational activities in the workplace.

     c.  Prohibition of Forced or Compulsory Labor

The 1987 Employment Act prohibits forced or compulsory labor,
and there is no indication that such labor is practiced.

     d.  Minimum Age for Employment of Children

The legal minimum age for employment in commercial or
industrial enterprises is 14.  In practice, however, children
under 14 are often employed in the textile and garment sector
and in family owned businesses.  As much as 15 percent of the
textile work force of some 12,000-15,000 may be children
between the ages of 12 and 15, according to a 1994 U.S.
Department of Labor study.  There are prohibitions against the
employment of minors in commercial, industrial, or nonfamily
enterprises involving hazardous or dangerous working
conditions, but enforcement is very lax.  The Ministry of Labor
and Employment's inspectorate is grossly understaffed.  Basotho
under 18 years of age may not be recruited for employment
outside of Lesotho.  In Lesotho's traditional society, rigorous
working conditions for the country's young "herdboys" are
considered a prerequisite to manhood and a fundamental feature
of Basotho culture beyond the reach of labor laws.

     e.  Acceptable Conditions of Work

Wages are low despite the Government's April decision to raise
statutory minimum wages for various types of work.  Monthly
minimum wages in the established categories range from the
equivalent of $83 (294 Maloti) for an unskilled laborer to $161
(565 Maloti) for a heavy vehicle driver.  At the low end,
minimum wages are insufficient to ensure a minimum decent
standard of living for a worker and family.  Most wage earners
supplement their income through subsistence agriculture or
remittances from relatives employed in South Africa.  Many
employers in Lesotho now pay more than minimum wages in an
effort to attract and retain motivated employees.

The 1993 Labor Code spells out basic worker rights, including a
45-hour workweek, a weekly rest period of at least 24 hours, 12
days' paid leave per year, and paid public holidays.  The Code
requires employers to provide adequate light, ventilation, and
sanitary facilities for employees, and to install and maintain
machinery to minimize the risk of injury.  In practice,
employers generally follow these regulations only within the
wage economy, in urban areas, and the Ministry of Labor and
Employment enforces the regulations haphazardly.  The Labor
Code does not explicitly protect the right of workers to remove
themselves from hazardous situations without prejudice to
employment.  But Labor Code sections on safety in the
workplace, and dismissal, imply that dismissal in such
circumstances would not be legal.