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Freedom in the World 2004 - Lesotho

Publisher Freedom House
Publication Date 18 December 2003
Cite as Freedom House, Freedom in the World 2004 - Lesotho, 18 December 2003, available at: https://www.refworld.org/docid/473c54a123.html [accessed 31 May 2023]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

Political Rights: 2
Civil Liberties: 3
Status: Free
Population: 1,800,000
GNI/Capita: $530
Life Expectancy: 37
Religious Groups: Christian (80 percent), indigenous beliefs (20 percent)
Ethnic Groups: Sotho (99.7 percent), other [including European and Asian] (0.3 percent)
Capital: Maseru


Overview

The Lesotho government moved forward with its historic prosecution of corrupt officials and Western companies in connection with a bribery scandal surrounding the World Bank-backed Lesotho Highlands Water Project. Despite signs of economic growth, Lesotho slid deeper into a severe drought that could leave more than a quarter of the country's 2.2 million people dependent on food aid in 2004.

Lesotho's status as a British protectorate saved it from incorporation into South Africa. King Moshoeshoe II reigned from independence in 1966 until the installation of his son as King Letsie III in a 1990 military coup. Democratic elections in 1993 did not lead to stability. After violent military infighting, assassinations, and a suspension of constitutional rule in 1994, King Letsie III abdicated to allow his father's reinstatement. He resumed the throne following the accidental death of his father in January 1996.

Troops from South Africa and Botswana were sent to this mountain kingdom at the request of Prime Minster Pakalitha Mosisili, under the mandate of the 14-country Southern Africa Development Community (SADC), in 1998 to quell army-backed violence and a potential overthrow of the government. The violence was touched off by the results of National Assembly elections. Although international observers described the voting as free and fair, the appearance of irregularities and the absence of opposition voices in government prompted demonstrators to reject the results that gave the ruling Lesotho Congress for Democracy (LCD) 79 of 80 National Assembly seats. At least 100 people were reportedly killed before order was restored. An agreement, drafted by the Commonwealth in 1998, allowed the elected, but highly unpopular, government to retain power, but stipulated that new elections be supervised by an independent election commission.

The 2002 legislative election was marked by a turnout of 68 percent. The ruling LCD captured 55 percent of votes cast, winning 77 of 78 constituency seats. The Lesotho People's Congress (LPC) won 1 seat. There are 80 constituency seats, but elections in two constituencies failed. The Basotho National Party won 21 of the 40 seats chosen by proportional representation, while the National Independent Party won 5 and the LPC won 4. Smaller parties won the remainder.

In August 2003, the country's High Court confirmed the conviction of Canadian construction conglomerate Acres International for paying bribes to Masupha Sole, the former head of the multi-billion-dollar dam and watershed project. Other multinational companies either have been convicted or remain under investigation. Sole is currently serving a 15-year prison sentence for his role in the scandal.

Entirely surrounded by South Africa, Lesotho is highly dependent on its powerful neighbor. Its economy is sustained by remittances from its many citizens who work in South African mines. Retrenchments at the mines, however, have contributed to high unemployment in Lesotho. Increased growth in the textile industry has party offset these losses, although some 40 percent of the population remains in absolute poverty.

Political Rights and Civil Liberties

The people of Lesotho are guaranteed the right to change their leaders through free and fair elections. The new "mixed member" voting system expanded the number of National Assembly seats by 40, to 120. The additional seats were chosen by proportional representation, while the others continued to be chosen by the first-past-the-post system of awarding seats to whoever gets the most votes. The Senate, the upper house of the bicameral legislature, includes royal appointees and Lesotho's 22 principal traditional chiefs, who still wield considerable authority in rural areas. Any elected government's exercise of its constitutional authority remains limited by the autonomy of the military, the royal family, and traditional clan structures.

The government generally respects freedom of speech and the press, but journalists have suffered occasional harassment or attack. The several independent newspapers routinely criticize the government. There are four private radio stations, and extensive South African radio and television broadcasts reach Lesotho.

Freedom of religion in this predominantly Christian country is generally respected. The government does not restrict academic freedom.

Freedom of assembly is generally respected, and several nongovernmental organizations operate openly. While labor rights are constitutionally guaranteed, the labor and trade union movement is weak and fragmented. Approximately 10 percent of the country's labor force is unionized. Of the remainder, most are engaged in subsistence agriculture or employment in South African mines. However, the textile industry has become increasingly important to the economy as a result of the United States' Africa Growth and Opportunity Act; the industry now provides 43 percent of all foreign exchange. Collective bargaining rights and the right to strike are recognized by law, but there are signs of an escalating crackdown on trade unions. In November, the police shot and killed two textile workers during a demonstration to demand wage increases, and arrested the secretary-general of Factory Workers' Union.

Courts are nominally independent, but higher courts are especially subject to outside influence. The large case backlog often leads to lengthy delays in trials. Mistreatment of civilians by security forces reportedly continues. Prison conditions are poor, but not life-threatening.

The constitution bars gender-based discrimination, but customary practice and law still restrict women's rights in several areas, including property rights and inheritance. Lesotho's constitution perpetuates the minority status of Basotho women married under customary law. A woman is considered a legal minor while her husband is alive. Domestic violence is reportedly widespread but is becoming increasingly socially unacceptable. Women's rights organizations have highlighted the importance of women's participation in the democratic process as part of a broader effort to educate women about their rights under customary and common law.

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