MEASURES TO IMPROVE HUMAN RIGHTS SITUATION IN LESOTHO INCLUDE HOLDING NEW GENERAL ELECTIONS WITHIN NEXT TWO YEARS, HUMAN RIGHTS COMMITTEE TOLD

1 April 1999

Press Release
HR/CT/533

MEASURES TO IMPROVE HUMAN RIGHTS SITUATION IN LESOTHO INCLUDE HOLDING NEW GENERAL ELECTIONS WITHIN NEXT TWO YEARS, HUMAN RIGHTS COMMITTEE TOLD

19990401 Committee Takes up Report of Lesotho on Compliance With International Covenant on Civil and Political Rights

Measures to improve the human rights situation in Lesotho included the holding of new general elections within the next two years, the Human Rights Committee was told this morning, as it met to take up the initial report of Lesotho on implementation of the International Covenant on Civil and Political Rights.

Sephiri E. Motanyane, Lesotho's Minister for Justice and Human Rights and of Law, Constitutional Affairs and Rehabilitation, said it had been agreed that all political parties would abide by and respect the results of those elections. Structures would also be put in place to facilitate those elections. A timetable had been agreed upon for the implementation of the agreement brokered by the Southern African Development Community (SADC), and the Government had facilitated the establishment of an Interim Political Authority, in which each of the 12 registered political parties would have two representatives.

Answering questions posed by experts, members of the Lesotho delegation said that while the country was party to most instruments in the field of human rights, its customary law also should be taken into account. In some respects, it differed from international law, for example in respect to women. However, the Government had given priority to measures to combat discrimination against women.

Regarding capital punishment, they pointed out that there had been seven offences for which capital punishment would be meted out, including murder and aiding an enemy. In most cases the death penalty had been commuted to life in prison.

* Meetings 1741 and 1742 were closed.

Human Rights Committee - 1a - Press Release HR/CT/533 1743rd Meeting (AM) 1 April 1999

During the discussion, Committee experts addressed issues such as Lesotho's delay in implementing the Covenant, police impunity, torture and human rights violations in cases of emergency. Questions were also raised on measures to bring domestic law into conformity with the Covenant.

The Human Rights Committee will meet again at 3 p.m. this afternoon to continue its consideration of the Lesotho report.

Committee Work Programme

The Human Rights Committee met this morning to begin its consideration of the initial report of Lesotho on its compliance with the International Covenant on Civil and Political Rights. Under article 40 of the Covenant, all States parties agree to submit periodic reports on their implementation of the agreement.

Addressing compliance with article 1 of the Covenant, the report states that the democratically-elected Government of the country subscribes to both external self-determination and internal self-determination. The latter refers to the right of people to determine how they shall be governed and to be free from despotic governments.

Article 1 states that all peoples have the right to self-determination -- that they can freely determine their political status and freely pursue their economic, social and cultural development -- and the report goes on to describe the country's evolving efforts towards self-determination, including its transition to independence.

In October 1966 Lesotho gained its independence from the United Kingdom. The first independence elections were won by the Basotho National Party, which facilitated the right of internal self-determination until 1970. In 1970, the National Party lost the second election to the Basotho Congress Party, subsequently declared a state of emergency, suspended the Constitution and invalidated the elections. That, says the report, was an infringement of the people's right of internal self-determination.

In 1974, the report continues, a nominated National Assembly was put in place until 1985. In that year an election was planned, but because of the Government of the day, which resorted to rampant intimidation and harassment of the opposition, and the manner in which the election was to be held, the elections never materialized. The members of the National Party were returned "unopposed" and continued governing. That state of affairs continued until January 1986, when the military stepped in, took over the government and continued to run it until March 1993, when elections were held. Those elections were won by the Congress Party and were observed by the international community to have been free and fair, thereby allowing the people of Lesotho once again to enjoy their right of internal self- determination.

However, the report goes on to say, that right was once again infringed in August 1994, when the democratically-elected Government was overthrown in a royal coup, resulting in suspension of parts of the country's Constitution. That infringement lasted until September 1994, when the people's Government was restored after the intervention of the Governments of Botswana, Zimbabwe and South Africa.

Human Rights Committee - 3 - Press Release HR/CT/533 1743rd Meeting (AM) 1 April 1999

The report then describes compliance with article 2 of the Covenant. That article states that each State party undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the Covenant, without distinction of any kind.

The report states that Lesotho's Constitution guarantees the rights recognized in the Covenant to both citizens and aliens of the country. However, a section of the country's Land Amendment Order (1986) introduces an element of discrimination, in that a citizen of Lesotho who is not a Mosutho cannot hold a land title. On the other hand, notes the report, it could be argued that given the size of the population of the country, which is about 2 million, naturalized citizens, who have more financial resources, could buy all the land and displace the Basotho.

According to the report, the Constitution permits the application of customary law even if it is discriminatory. Such a law applies in any matter relating to persons who, under that law, are subject to that law. The Constitution further provides that its provisions will afford protection to all rights and freedoms, except where those rights and freedoms are limited to ensure that they do not prejudice the rights and freedoms of others or the public interest.

While aliens in Lesotho are not discriminated against, says the report, around May 1991 Lesotho experienced riots that targeted aliens. The Government of the day responded by saying that the riots did not reflect government policy and that there was no need to enact a law to punish racial hatred and violence. The report also states that there is no distinction between a citizen of Lesotho and an alien, as far as access to remedies in the courts is concerned.

The report also outlines compliance with article 6 of the Covenant. By the terms of that article, every human being has the inherent right to life. This right shall be protected by law. In addition, the article states that no one shall be arbitrarily deprived of his life. Also, nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the Covenant.

According to the report, the Government is sensitizing the security forces and police on respect for human rights. Although the law and the judiciary are in place to punish perpetrators of human rights abuses, the police are reluctant or unwilling to investigate certain cases and bring the culprits to justice. As Justice W.C.M. Maqutu of the High Court has noted, the Government has inherited a situation in which it is coerced by the public servants, who are supposed to be the arms of government, through which its authority can be enforced. "Without State authority, human rights cannot be meaningful because court orders cannot be enforced", he states.

Human Rights Committee - 4 - Press Release HR/CT/533 1743rd Meeting (AM) 1 April 1999

The same judge was also of the opinion that the police had turned into a bandit cooperative that assaulted, despoiled and took the lives of the public at will, although it was employed to protect it. In order to remedy the ugly scenario, the Government was determined to retrain the security forces, adds the report.

Health being a factor in the enjoyment of the right to life, the report notes that the situation and health status of women and children in Lesotho has been affected by socio-economic, political and environmental developments in the country. A number of elements have further contributed to the deteriorating health status, among them inadequate community participation in health care, inadequate quality and accessibility of health services related to staff shortages, low staff morale, lack of transportation and impassable terrain in certain localities.

The Government has adopted primary health care as its strategy for health development in the country, continues the report. The Health and Social Welfare Development Plan (1995/1996 - 1999/2000) emphasizes improving access to health services, focusing on geographically hard to reach communities, disparity reduction, decentralization, cost-effective interventions, community partnerships and inter-sectoral collaboration. Health concerns such as tuberculosis, sexually transmitted diseases (STDs) and HIV/AIDS, pregnancy-related conditions, diarrhoea, measles and malnutrition will be the focus of the 1997-2001 United Nations Children's Fund (UNICEF)/ Government of Lesotho programme of cooperation.

Concerning article 7, which states that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, the report states that the Internal Security Act of 1984 was intended to regulate the internal security of Lesotho. It has, however, been abused by previous Governments, which detained opposition members and anybody with a view contrary to that of the Government of the day. The current Government is repealing the law, respects the right to life, and has never ordered or authorized the extrajudicial execution of anybody. As far as victims of torture are concerned, the law takes its course and those persons go to court for compensation. While the Government has not yet taken steps to abolish capital punishment, in practice, most death sentences are commuted to life imprisonment or long prison terms.

Further, the report states, an inter-ministerial committee recommended that, as a means of eradicating torture by the police and the security forces, the Commissioner of Police should, among other measures, invite torture victims to lodge complaints. It was also recommended that, in dealing with torture complaints, the public should be invited and the Law Society should be represented at the hearings. It is also the Government's intention to ratify, in the not-too-distant future, the 1984 Convention Against Torture and Other Inhuman or Degrading Treatment or Punishment. The establishment of a Human

Human Rights Committee - 5 - Press Release HR/CT/533 1743rd Meeting (AM) 1 April 1999

Rights Unit and related structure within the Ministry of Justice and Human Rights is instrumental in that regard.

The report says that Lesotho's Government has also made efforts to address article 9 of the Covenant. That article states that everyone has the right to liberty and security of person and that no-one shall be arbitrarily arrested or detained. Lesotho's Constitution states that everyone is entitled to personal liberty and to not be arrested or detained unless authorized by law. However, in listing the provisions where such authorization may take place, the report notes that, in practice, the provisions are not strictly followed. A number of citizens have, on various occasions, been unlawfully detained by the police and the security forces. These unlawful arrests and detention have been challenged in the High Court and invariably the courts have exercised their independence and awarded damages to the aggrieved parties.

With regard to Lesotho's compliance with article 12 of the Covenant, which addresses liberty of movement and freedom to choose residence, the report says that the country's Constitution states that every person shall be entitled to freedom of movement and immunity from expulsion from the State. The requirement that any person other than a civil servant has to deposit money as security when applying for an international passport is being dispensed with by the Government. Also, no security is required for local passports, which are only valid for the southern African countries.

The report also details Lesotho's compliance with article 14 of the Covenant, which states that all persons shall be equal before the courts and tribunals and shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The report notes that, although the Constitution provides that an accused person shall be afforded a fair hearing within reasonable time, the law enforcement agencies more often than not do not seem to comply with this provision. The country's Criminal Procedure and Evidence Act allows for detention without warrant for up to 48 hours. Yet, suspects have been held by law enforcement agencies for longer. The Government, again through the Ministry of Justice and Human rights, is trying to sensitize law enforcement agencies to these provisions.

Addressing article 21, which states that the right of peaceful assembly shall be recognized, the report cites an incident in August 1994, when peaceful unarmed demonstrators were fired upon and killed in front of the King's palace, during Lesotho's constitutional crisis. After restoration of constitutionality to the country, one of the conditionalities provided for in a memorandum of understanding was that those responsible for the killings be amnestied. The Government has made it clear that victims or their next of kin will not be prejudiced in their claim for compensation.

Human Rights Committee - 6 - Press Release HR/CT/533 1743rd Meeting (AM) 1 April 1999

With regard to article 23, which states that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State, the report cites the Lesotho Marriage Act, which provides for the solemnization and registration of marriage, thus protecting the institution of the family. The Act also says that no person may be compelled to marry any other person or to marry against his or her wish. However, the report also notes that under the country's Roman Dutch Law, the husband is the administrator of the joint estate and the wife is considered a minor. Nonetheless, the report then cites the Matrimonial Causes Jurisdiction Act, which intends to bring about equality in instituting proceedings in court by women who hitherto had no right to do so.

The report also addresses Lesotho's compliance with article 25, which states that every citizen shall have the right and the opportunity to take part in the conduct of public affairs, to vote and to be elected and to have access to public service in his country. In order to ensure that elections are free and fair, the Government agreed to establish an Independent Electoral Commission, as suggested by the opposition parties and the Lesotho Council of non-governmental organizations. The Commission is made up of persons of high moral character and proven integrity, is appointed by the King, and acts in accordance with the advice of the Council of State.

The report states that the Lesotho Constitution adheres to the premises of article 26, under which all persons are equal before the law and are entitled without any discrimination to the equal protection of the law. Yet, despite this constitutional provision, the country's Roman Dutch Law permits discrimination against women who are regarded as minors. The same applies under Lesotho customary law, which relegates women to a perpetual minority position. This discrimination has been noted and the Government wishes to redress the situation by bringing about modifications and changes in ways compatible with the Constitution and the social and cultural context of Lesotho.

The report also highlights compliance by Lesotho with articles 3, 4, 5, 8, 10, 11, 13, 15, 16, 17, 18, 19, 20, 22, and 24 of the Covenant. There are 53 articles in the instrument, as well as two optional protocols, the first on communication from individuals to the Human Rights Committee and the second on abolition of the death penalty.

Statements and Responses to Questions by Delegation of Lesotho

SEPHIRI E. MOTANYANE, Minister of Justice and Human Rights and of Law, Constitutional Affairs and Rehabilitation of Lesotho, said that, as indicated in the Core Document submitted with the initial report, the provisions of the International Covenant on Civil and Political Rights were not directly enforced by the courts or other tribunals or administrative authorities. In that regard, Lesotho followed the English common law approach as observed in

Human Rights Committee - 7 - Press Release HR/CT/533 1743rd Meeting (AM) 1 April 1999

most States of the Commonwealth, whereby international conventions and covenants were not invoked directly in domestic courts. Consequently, in the event of conflict with national law, national law took precedence. However, in the absence of a specific code facilitating implementation of the Covenant, Chapter II of Lesotho's Constitution provided for protection of fundamental human rights and freedoms protected under the Covenant.

Outlining recent events in Lesotho, he said that on 23 May 1998 general elections organized by the Independent Electoral Commission had been contested by 12 political parties together with 11 independent candidates. Those elections had resulted in 79 constituencies for the Basotho Congress for Democracy and one for the Basotho National Party, representing 61 per cent and 39 per cent of the popular vote for the ruling party and the opposition parties, respectively. Following allegations of serious irregularities by the alliance of opposition parties, particularly with regard to the registration process and compilation of the voters' list, during voting and handling of electoral materials, the opposition alliance -- the Basotho National Party, the Basutoland Congress Party and the Marematlou Freedom Party -- had filed petitions in the Court of Disputed Returns in respect of 14 constituencies. Those petitions had not been prosecuted to finality.

He said that following political protests organized by the opposition, including a 42-day vigil outside the Royal Palace, armed protestors led by youth groups had clashed with police, resulting in deaths and injuries. That period had resulted in serious violations of human rights, including the right to life, the right to own property and the right to liberty of movement. That had led to a total breakdown of law and order. The protestors had resorted to seizing Government property and vehicles of parastatal corporations. On or about 11 September 1998, the security situation had been further complicated by a mutiny of junior officers in the Lesotho Defence Force who had coerced the Commander to dismiss about 28 senior army officers. The Government, faced with grave insecurity, following a break-down of law and order, had invited the intervention of the Southern African Development Community (SADC) countries in order to restore law and order.

The SADC forces had entered Lesotho in the early hours of 22 September 1998, he said. They had encountered resistance at Makoanyane Barracks, resulting in a number of deaths, including those of 10 SADC soldiers. The scenario had changed for the worse when certain elements in the opposition alliance had systematically set fire to buildings in Maseru, Mafeteng, Mohale's Hoek and Roma, including private dwellings belonging to Lesotho Congress for Democracy members of Parliament and Ministers.

The SADC delegation had facilitated an agreement between the Government and the opposition on 2 October 1998 at the United Nations House in Maseru in order to resolve the political impasse, he said. It had been agreed that

Human Rights Committee - 8 - Press Release HR/CT/533 1743rd Meeting (AM) 1 April 1999

fresh elections would be held within 15 to 18 months and that all political parties would abide by and respect the results of those elections. On 14 October, it had been agreed that a structure would be put in place to facilitate the preparation for and holding of elections. That structure would also seek to promote conditions conducive to the holding of free and fair elections. A timetable had been agreed upon for the implementation of the agreement brokered by the SADC, and the Government had facilitated the establishment of the Interim Political Authority, in which each of the 12 registered political parties would have two representatives.

G.W.K.L. KASOZI (Lesotho) said that, in Lesotho, articles of the Covenant and international human rights instruments were not directly enforced by the courts. They had been translated into domestic legislation by Parliament and administrative bodies in the country. There had not yet been a case where the Covenant had been directly invoked in the courts. Recently, however, a South African judge, in handing down a decision, had recognized that the rights outlined in the Covenant were entrenched in Lesotho's Bill of Rights.

P. MOCHOCHOKO (Lesotho) said his country adhered to principles of legality. As a consequence, Lesotho would generally apply restrictions to any law that was against the provisions of the Covenant. That way, the provisions of the Constitution and those of the Covenant would be in line.

Mr. KASOZI, in response to the question regarding the memorandum of understanding between the King and the Prime Minister, guaranteed by Presidents of Zimbabwe, Botswana and South Africa, said that the memorandum had eight points, which included positions regarding direct involvement of foreign guarantors; the need to consult judicial bodies; and reinstatement of the King to the throne. No action would be taken against the King and the members of his family. The Constitution would be observed, the security services would be respected, and all parties would observe neutrality. The purpose of the memorandum was to restore constitutional order. Although some of its provisions were in contradiction with the principle of self- determination, it was done in the best interest of Lesotho. From time to time, the Guarantors would come for mediation.

Mr. MOTANYANE, regarding the question on the ratification of the optional Protocol, said that as a matter of policy, the Government did not object to the ratification. Translation of the Covenant had been completed, but it had taken longer than expected. Now that it had been finished, the process of ratification would begin.

Mr. MOCHOCHOKO, responding to questions dealing with discrimination, said that the principle of non-discrimination and equality before the law was basic for protection of human rights. Lesotho was party to most instruments in the field of human rights. However, its customary law should also be taken into account. In some respects, it differed from international law, for

Human Rights Committee - 9 - Press Release HR/CT/533 1743rd Meeting (AM) 1 April 1999

example, in respect to women. The Government had given priority to measures against discrimination of women. The age for marriage in the country was 16 for girls and 18 for boys.

Mr. KASOZI, responding to a question on whether Lesotho intended to establish an independent statutory body to investigate complaints of violations of human rights, said that the Government had, in September 1995, approved the establishment of a Human Rights Unit in the Ministry of Justice and Human Rights. A related structure to be known as the Human Rights Commission had not yet been established because of the problems arising over the past few years, as documented in the report and in the Minister's statement.

L. MOTEETEE (Lesotho), responding to questions relating to gender equality, said the Ministry of Environment, Gender and Youth Affairs had enacted a policy which stated that men and women would be paid an equal wage for work of equal value. Regarding the eradication of female genital mutilation, she said that no measures had been taken, because there had been no evidence in that area, and because of the secrecy surrounding what actually took place.

PERCY M. MAHGOAELA (Lesotho) said that since 1993, following the elections, there had been an increase of women in public life. Prior to that, there had never been more than one woman in a powerful position in the country at any time. Since the elections, there had been three women permanent secretaries, and there had always been a woman Minister of Government. There was currently one woman out of 15 Ministers and there were three women parliamentarians.

Mr. KASOZI said that in Lesotho there had been seven offenses for which capital punishment would be meted out, including murder and aiding an enemy. He noted that in most cases the death penalty had been commuted to life in prison.

MR. MOFOLO said that the killing of the Deputy Minister was currently under investigation and that the culprits would be punished. He noted that a more intensely trained riot police squad had been put in place in the country. Also, in 1998, the Police Complaints Board had been established to investigate complaints against police misconduct including torture, and the powers of the armed forces to arrest individuals had been removed.

Mr. MOTANYANE, responding to a question regarding the period of pre- trial detention, said that under the Constitution and the provisions of criminal procedure, the period of pre-trial detention was 48 hours, and it could not be extended. There were some exceptions only if there was suspicion that the detainee was about to commit a violent crime. Lately, measures had been taken, which included an increase in the number of judges from 4 to 9;

Human Rights Committee - 10 - Press Release HR/CT/533 1743rd Meeting (AM) 1 April 1999

recruitment of more prosecutors; construction of court facilities, including the new Palace of Justice and the Magistrate Courts; and engagement of specialized personnel in investigation of serious crimes. Those were intended to ease the backlog.

Regarding actions envisioned to secure minimum prison conditions, he said that the Ministry of Human Rights and Justice had started programmes to sensitize the police to issues of human rights. Plans were underway for constructing modern prisons, as those used now were in bad shape. New prison facilities in conformity with minimal standards were to be built. Rehabilitation of Central Prison was the next step.

Mr. MOFOLO, responding to another question, said that no specific disciplinary action had been taken against police officers who had detained prisoners in pre-trial detention for more than 48 hours, in violation of article 9 of the Covenant. However, measures had been taken to sensitize police officers to the law in that respect.

Questions and Comments by Experts

ABDELFATTAH AMOR, expert from Tunisia, said that clearly in Lesotho, as in many other countries, problems relating to human rights arose, including the relationship between the national Constitution and the subordination of military and security forces to civilian authority. Lesotho remained bound by the commitments it had undertaken under the Covenant. Obviously there were problems regarding the State, but there were also social problems which the State must respond to.

He said he had been personally struck by two issues, the first being the tendency of security forces to show signs of insubordination in regard to political power. The second tendency related to the status of justice vis-à-vis the political forces. There might be reasons for those tendencies, but they might not be justifiable.

Obviously, there were some longstanding traditions, but they could not justify the idea of considering women as minors, a status in which they were held, according to parts of the Lesotho report, he said. There might be some traditions that explained that situation, but tradition could not justify everything. Lesotho must put an end to traditions which made victims out of women.

ECKART KLEIN, expert from Germany, asked whether it could be expected that general elections would be held in Lesotho next year and whether all political parties would be allowed to participate in those elections. Was there a plan to exclude certain political forces in the country? he asked.

Human Rights Committee - 11 - Press Release HR/CT/533 1743rd Meeting (AM) 1 April 1999

He noted that it seemed as if the Covenant could not be invoked in Lesotho, as, apparently, invoking limits to the law regarding human and basic rights was posing problem. He would like to make an assessment to ensure that the limitations set out in the country's legislation compared with the limitations of the Covenant. He said the present limitations were too broad and unclear, and made it possible to evade certain protections with respect to those rights. Also, it gave a wide range of discretion to those who wanted to limit those rights. That was most obvious in the sections of the Lesotho Constitution that dealt with freedoms associated with movement, assembly, association, inhuman treatment and torture.

He noted that in many African countries there existed a dual system of written law and customary law. In Lesotho, however, customary law took precedence. He stressed that the limitations set out in the Constitution were not equivalent to limitations in the Covenant. The Government of Lesotho should establish a Human Rights Commission as soon as possible and provide access to that body for all citizens.

THOMAS BUERGENTHAL, expert from the United States, said that the written report was refreshingly frank, which was a sign that the Government of Lesotho knew that it had human rights problems and was determined to rectify the situation. Under international law, the Government was responsible for human rights violations committed on its territory and for stopping violations. In various places, the report spoke about human rights training and measures to reduce lawlessness, but in reading the report, he had gotten an impression of a country occupied by its own military and security forces. He asked what role courts played in situations of national emergency. Courts could only make non-binding recommendations, but could they stop torture and human rights violations in cases of emergency? What was done to bring domestic law in conformity with the Covenant? he asked. He also made an inquiry regarding the composition of the Police Complaint Board.

Lord COLVILLE, expert from the United Kingdom, said that one of the difficulties was that although the law provided for adequate protection, it was not adequately enforced. It was the duty of the State party to provide remedies for violations of the Covenant. Speaking about the lack of such remedies, he referred to the mutiny of junior army officers, which was followed by a period of virtual anarchy. After the officers were apprehended, some of the protection available under the law was not applied to the mutineer until the intervention of a higher court at a later date. For example, they did not have immediate access to advocates, and charges were not immediately brought against them. He wanted to know why it had taken so long and why the rules of 48-hour detention had not been applied to them. His other question was why they had been detained in bad conditions, in breach of the relevant article of the Covenant. Also, the composition of the courtmartial tribunal was in contradiction with the requirement for an impartial tribunal.

Human Rights Committee - 12 - Press Release HR/CT/533 1743rd Meeting (AM) 1 April 1999

Why did it take so long for the processes of law and order to deal with situations? he asked. The New Police Services Act should be in force, he continued, and he wished to know if there were civilian members of that authority. He also had a question regarding the consequences of the provision of the Act, whereby the authority had the responsibility to report on the conduct of the member of police service. If those consequences involved the police investigating themselves, they had proven to be less than satisfactory in that regard in other parts of the world.

Lesotho had signed and ratified the Covenant, which included article 6 on the right to life, he noted. However, police officers were allowed not only to arrest, but also to shoot to kill the suspects. That was a very serious infringement of article 6.

PRAFULLACHANDRA NATWARLAL BHAGWATI, expert from India, said that the submission of a report was intended to begin a dialogue between the State party concerned and the Human Rights Committee, to ensure the State party's better performance in observance of the Covenant. A number of concerns emerging from the Committee's consideration of Lesotho's report and from concerns raised by various non-governmental organizations had already been reflected in various questions posed by other experts. Some had not been answered very satisfactorily.

Regarding the section of Lesotho's Constitution dealing with discrimination, there were exceptions that were totally unjustified and that were not at all supported by the Covenant, he said. According to the provisions of the Constitution dealing with the declaration of emergency, or the declaration of a state of war, there were cases in which the provision against discrimination could be violated. That was clearly in violation of article 4 of the Covenant. He asked whether there was any law prohibiting capital punishment against pregnant women and against minors?

MAXWELL YALDEN, expert from Canada, wondered whether there was any agency presently in place in Lesotho that could functionally replace a human rights commission. He also asked whether there was any agency or other means of monitoring gender and wage equality in the country. He emphasized that guidelines for the country reports to the Human Rights Committee stated that instances of actual practice and accomplishments must be recorded.

How many candidates in the Lesotho elections had been women? he asked. Were there no statistics regarding employment of women in different sectors in Lesotho?

ELIZABETH EVATT, expert from Australia, said that since the Covenant had not been incorporated in Lesotho law, the Constitution should be examined to determine how the rights expressed in the Covenant were being observed. She noted that little regard had been paid by the courts to international human

Human Rights Committee - 13 - Press Release HR/CT/533 1743rd Meeting (AM) 1 April 1999

rights requirements. On discrimination against women, she noted that the issues raised by the Committee had been extensive, but that the Lesotho delegation had not reflected real commitment in the country to reform and change; nor had they shown any awareness of the need for commitment. The Constitution itself allowed for discrimination with regard to citizenship rights among others, she further noted. She wondered if abortion was really illegal under the law. Was there really a high rate of illegal abortion in Lesotho and consequent prosecution? she asked.

She referred to article 9 of the Covenant, providing for the rights to liberty and security of person, and requested that the delegation state whether the Lesotho Constitution allowed for protection in the courts of minors and people of unsound mind.

NISUKE ANDO, expert from Japan, said the purpose of the dialogue between the delegation of Lesotho and the Committee was not to criticize, but to find ways of overcoming difficulties. On the matter of discrimination, he noted that some citizens of Lesotho could not hold titles to land and wanted to know more about that matter.

Turning to the equality of the sexes in matrimonial relations, he said that customary law regarded women as minors. His question was whether women were required to obtain their husbands' or other males' consent to get a passport. He also reiterated the question about women's equality in matrimonial property and child custody rights.

Speaking about police abuses, he said that the practice of amnesties generated the atmosphere of impunity for police forces. Some countermeasures should be taken, ones more rigid than sensitizing the police to the requirements of the law. He also wanted to obtain additional information regarding ratification of the torture Convention.

GAITAN DE POMBO, expert from Colombia, said that frank description of the situation in Lesotho obliged the Committee to frankly express its concerns. Regarding the matter of the death penalty, she wanted to know if the crime of treason was regulated enough, as opposed to the right to political dissidence. Delayed establishment of the Commission on Human Rights was also a matter of interest. Yet another question was when the convention against Torture would be ratified.

Regarding the practice of female genital mutilation, she said that it was not enough to say that the evidence was not sufficient. It was necessary to know what the Government of Lesotho was doing to stop that practice. Also, on the matter of preventive detention, she wanted information on whether such agencies as the International Committee of the Red Cross (ICRC) had access to the detainees.

Human Rights Committee - 14 - Press Release HR/CT/533 1743rd Meeting (AM) 1 April 1999

HIPOLITO SOLARI YRIGOYEN, expert from Argentina, said he was very worried by the practice of female genital mutilation. He noted that Mrs. Gaitan de Pombo had asked for a fuller report on that situation and how the Government intended to end that abhorrent practice.

Regarding the broadness of questions relating to capital punishment, he said he was concerned because some prisoners had been condemned for crimes that carried a political tone, such as treason and "acts of cowardice". Nothing could justify the practice of torture.

Referring to a case mentioned by Lord Colville, relating to a dispute at a hydroelectric project, he said there was no evidence that the accused were armed when they were attacked by police. What punishment had been meted out to those responsible? he asked.

FAUSTO POCAR, expert from Italy, said that information provided in the Lesotho country report on measures adopted on rights addressed in the Covenant seemed very vague. For example, the instructions for the use of firearms in Lesotho were not sufficiently clear and precise to avoid subsequent arbitrary deprivation of life which could result from abuses committed by police on citizens. It also seemed as if the practice of human rights as related to the law established by the Lesotho Constitution was incompatible. The report referred to protection against, but did not address prevention. The law must provide for penalization of those who committed abuses.

On the question of complaints against the police, he said there must be another means of bringing those complaints to an independent authority, since, as the report stated, the Police Complaints Board would be a department in the Ministry of Justice. In that sense, the establishment of a human rights commission had become extremely important.

Mr. AMOR, expert from Tunisia, wanted clarification regarding the Internal Security Act of 1984. He said that it appeared from the report that there was a phenomenon of extrajudicial execution under that Act. He had not quite understood the paragraph of the report on that matter and wanted to know if that phenomenon was, in fact, permitted.

On the matter of use of force when dealing with prisoners, he noted that, according to the report, no officer should use force unnecessarily. He wanted to know if that statement implied that there were cases when the use of force was considered necessary. He also asked whether corporal punishment was permitted. According to the report, a court might order corporal punishment, and the conditions for implementation had been set forth in detail. Was that practice in compliance with the Covenant? he asked. He also wanted to know if the authorities of Lesotho intended to introduce some amendments in that respect.

* *** *