COMMITTEE ON THE RIGHTS OF THE CHILD CONSIDERS LESOTHO’S REPORT

The Committee on the Rights of the Child today concluded its consideration of the second periodic report of Lesotho on how it implements the provisions of the Convention on the Rights of the Child.

Presenting the report, Mokhele Moletsane, Minister of Law and Constitutional Affairs of Lesotho, said that Lesotho had a comprehensive legal framework covering different aspects of child protection, as per provisions of the Convention. Different pieces of legislation that made up that framework were in the custodianship of various ministries in line with their mandates. The Government worked in partnership with civil society and development partners in the provision of services towards the implementation of those frameworks. In 2015, the Government had adopted the National Policy on Social Development 2015-2025, which had identified poverty, unemployment, HIV/AIDS, and food security as the major threats to human wellbeing in Lesotho. The Government had also enacted the Children’s Protection and Welfare Act of 2011 to protect children, promote their welfare, and protect their rights, which included the right to identity, birth registration, life with parents, education and health, social security, protection from labour and torture, and to parental property.

In the ensuing discussion, Committee Experts noted many positive developments on the legislative front, such as the passing of the Child Protection and Welfare Act of 2011, the Anti-Trafficking in Persons Act of 2010, and the Education Act of 2010. Experts inquired about the process of amending the Child Protection and Welfare Act of 2011, early identification of trafficking cases, the possibility of appointing a commissioner for children’s rights within the Human Rights Commission, the child protection grant, child marriage, early pregnancy, ritual killings of children, observance of the child’s views, and the children’s parliament. Other issues raised included corporal punishment, protection of child victims of violence, discrimination against girls in terms of inheritance, birth registration, child statelessness, alternative care institutions for children, adoption, the situation of children in prison with their mothers, children with disabilities, medical exemptions for vulnerable groups of children, availability of medicines, HIV/AIDS prevention, immunization coverage, sustainable nutrition programmes for children, breastfeeding and child friendly hospitals, maternity leave, gender parity in education, treatment of migrant children, repatriation of trafficked children, child labour, domestic work and herding, street children, children in detention, juvenile justice, and the minimum age of criminal responsibility.

In concluding remarks, Benyam Dawit Mezmur, Committee Expert and Rapporteur for Lesotho, expressed hope that the political commitment expressed by the delegation would translate into the implementation of the Committee’s recommendations.

On his part, Mr. Moletsane thanked the Committee for its interaction with his delegation, and he reassured the Committee that the Government of Lesotho was committed to upholding the rights of children.

Renate Winter, Committee Chairperson, asked the delegation to convey to the children of Lesotho the Committee’s best regards.

The delegation of Lesotho included representatives of the Ministry of Law and Constitutional Affairs, the Ministry of Social Development, the Ministry of Health, the Ministry of Education and Training, the Ministry of Labour, and the Permanent Mission of Lesotho to the United Nations Office at Geneva.


The Committee will next meet in public today at 3 p.m. to consider the combined fifth and sixth periodic report of Norway (CRC/C/NOR/5-6).


Report

The Committee is considering the second periodic report of Lesotho under the Convention on the Rights of the Child (CRC/C/LSO/Q/2).

Presentation of the Report

MOKHELE MOLETSANE, Minister of Law and Constitutional Affairs of Lesotho, said that Lesotho had a comprehensive legal framework covering different aspects of child protection, as per provisions of the Convention. The different pieces of legislation that made up that framework were in the custodianship of various ministries in line with their mandates. The Government worked in partnership with civil society and development partners in the provision of services towards the implementation of those frameworks. In 2015, the Government had adopted the National Policy on Social Development 2015-2025, which had identified poverty, unemployment, HIV/AIDS, and food security as the major threats to human wellbeing in Lesotho. The National Policy on Social Development had been adopted to respond to those needs at different points within the human life cycle, with a particular focus on vulnerable and marginalized groups. Vulnerable children included infants, herders, street children, children out of school, and children in conflict with the law. Situations creating vulnerability included child trafficking, forced marriages, early pregnancy, substance abuse, and child abuse. The incidences of abuse, neglect, and exploitation of children were increasing, largely as a result of poverty, food insecurity, and HIV/AIDS. The Constitution of Lesotho of 1993 obliged the State to adopt laws and policies relevant to children and youth such that their protection and wellbeing were guaranteed. The Government had enacted the Children’s Protection and Welfare Act of 2011 to protect children and promote their welfare. The act safeguarded the rights of children and affirmed the responsibility of parents and the State to protect and fulfil those rights. Those included the right to identity, birth registration, life with parents, education and health, social security, protection from labour and torture, and to parental property.

The Children’s Protection and Welfare Act of 2011 was complemented by the National Policy on Orphans and Vulnerable Children, which responded to the impact of HIV/AIDS, deepening poverty and food insecurity, and provided the parameters for the care and protection of orphans and vulnerable children. Major economic interventions to improve the welfare of children in Lesotho included the child grants programme that targeted poor households, the Orphans and Vulnerable Children Bursary Programme, and free meals in pre-schools and primary schools. Despite the existence of a comprehensive legal framework, many people could not access basic public services due to the difficult topography. In the face of limited resources and multiple actors in the child protection sector, the Government was faced with weak coordination and deficient monitoring and evaluation. There was a need for a system that was integrated, cost effective and affordable, Mr. Moletsane noted.

Questions by Committee Experts

ANN MARIE SKELTON, Committee Expert and Rapporteur for Lesotho, noted many positive developments on the legislative front, such as the passing of the Child Protection and Welfare Act of 2011, the Anti-Trafficking in Persons Act of 2010, and the Education Act of 2010. Ms. Skelton appreciated the candid report by the State party and assured that the dialogue with the Committee would be constructive.

As for the Child Protection and Welfare Act of 2011, had regulations been drafted yet? What gaps had been identified and how would the amendment deal with those gaps? Was the Child Protection and Welfare Act of 2011 being amended? What was the status of the amendment?

Ms. Skelton inquired about the early identification of trafficking cases, namely whether Lesotho could afford different systems for different categories of vulnerable children. Which aspects had been costed and what did the costing show?

The coordinating body for children’s rights was the National Coordinating Committee, which had a narrow perspective because it did not encompass a rights-based approach. It focused on protection, Ms. Skelton observed. What about ensuring that the mandate of the oversight committee was made statutory? It was important to separate coordination from oversight. The current Human Rights Commission did not envisage a specific focus on children’s rights. Was there space for one of the commissioners to be appointed on the basis of her or his knowledge of children’s rights?

As for social protection, how did the child protection grant work and was it sufficient to solve the problem of malnutrition and stunting?

MIKIKO OTANI, Committee Expert and Rapporteur for Lesotho, raised the issue of the definition of the child. Would that definition be unified as any person under the age of 18 in the Constitution, Child Protection and Welfare Act of 2011, and the Sexual Offences Act?

The Marriage Act of 1974 allowed girls to marry at the age of 16, as well as customary law. Would all relevant laws be amended? Would civil law prevail over customary law? The prevalence of child marriage was 24 per cent. Would it be possible to take a targeted and speedy legislative measure on the prohibition of child marriage by enacting a separate law?

Turning to non-discrimination, Ms. Otani reminded that discrimination against girls in terms of inheritance had not been repealed. Did the State party have a concrete plan to start the relevant reform process?

On the best interest of the child, Ms. Otani asked whether that principle was implemented in all decisions affecting children, including alternative care and adoption. Was there any information on reports of killings of children with mutilation of their body parts to make medicine? Had any measures been taken to protect children from such crimes?

As for the child’s views, Ms. Otani was pleased to note that children had participated in the development of the Child Protection and Welfare Act of 2011. Were they also participating in its reform? Was the children’s parliament institutionalized with sufficient resources and support, and was it accessible to all children? Did the Government plan to raise awareness and promote respect for the views of the child in the family, school and community?

Ms. Otani expressed concern that the law did not explicitly prohibit corporal punishment in all settings, including the family and care and penal institutions. Would the State party consider prohibiting punishment in all settings, and taking measures such as awareness raising to change the mind set of people and to provide training to parents, teachers and others working with children on positive discipline?

With respect to abuse, neglect and sexual exploitation, Ms. Otani noted the establishment of the child and gender protection units, but was concerned about serious challenges, such as inadequate capacities, lack of training, and increasing sexual abuse of school girls and girls in domestic work. What kind of prevention measures had been taken or envisaged? Did reporting mechanisms and case referral and processing procedures exist for child abuse, sexual abuse and other forms of violence against children? Was it mandatory for child-related professionals to report child abuse and sexual abuse, and to whom? Was there a national helpline accessible to all children 24 hours? Were community policing activities effective in preventing violence against children?

BENYAM DAWIT MEZMUR, Committee Expert and Rapporteur for Lesotho, inquired about a comprehensive assessment of the current birth registration system, which was challenged by the country’s difficult geography. When was the birth registration declared late?

What was the extent of child statelessness in Lesotho? Why was the granting of Lesotho citizenship limited to only one generation of those born outside of the country? How had the legal safeguard against child statelessness been used? It seemed that women could not pass on Lesotho nationality to their children. What was the situation with respect to the right of foundlings to Lesotho nationality? Was there a procedure for the reporting of children’s issues in the media?

How were births registered in remote areas of the country, an Expert inquired? What happened with nomad children; how were they registered at birth? Was birth registration too expensive for the population? Was the birth certificate a requirement for obtaining nationality?

Replies by the Delegation

The delegation confirmed that the Child Protection and Welfare Act of 2011 did not have regulations. The Government had prioritized making amendments to the act before it made regulations. Given the small size of the country and its limited resources, an integrated approach to early identification of trafficking cases could yield better results. The costing exercise was very comprehensive and it called for the identification of a critical path for the use of limited resources strategically to achieve results.

The coordination of children’s rights had always been an issue. Comprehensive structures at different levels were necessary to ensure coordination with a legal basis. Lesotho was in the process of establishing the Human Rights Commission and ensuring that it represented children’s rights. There was still room for different stakeholders to make their input in the Commission, such as representation of children’s rights.

REFILOE LITJOBO, Permanent Representative of Lesotho to the United Nations Office at Geneva, explained that civil society members were part and parcel of law making in Lesotho. The authorities were still waiting for the additional input of civil society with respect to the Human Rights Commission.

The delegation explained that the child protection grant targeted poor families. The Government had reviewed that programme and consulted communities in order to map all families according to their income. But the child protection grant was paid only to very poor families.

Training for State officials included issues of child protection, child custody and child representation. Lesotho used to have different child helplines and it had to close down some of them due to the end of donor-driven projects. The current helpline operated only for eight hours daily due to resource limitations. Serious cases were referred to the police and the Ministry of Health.

The penalty for late registration of births would be repealed. There were talks between the Ministry of Health and the Ministry of Home Affairs to reopen some birth registration centres to be run by permanent Government employees. At the moment, birth registration was done by community chiefs. In remote areas, some 60 per cent of school going children were registered in schools. The birth certificate facilitated access to basic services, but it was not required for acquiring nationality.

Children above the age of 12 expressed their views about alternative care and adoption, whereas for those below the age of 12 the authorities followed the principle of the best interest of the child.

MOKHELE MOLETSANE, Minister of Law and Constitutional Affairs of Lesotho, informed that the Government had recently tabled an amendment on dual citizenship, namely of Lesotho and South Africa. There were bilateral discussions between South Africa and Lesotho on that matter. The two countries had set up a working group to discuss stateless children and unaccompanied minors.

The delegation stated that there were more ritual killings of children. The Government was undertaking a study on violence against children, which would inform about the depth of the problem. There was also a crime prevention unit within the police implementing public awareness programmes.

Physical abuse (corporal punishment) was part of training programmes for teachers. Every case of violence against children should be reported and sent to the courts. Crime prevention committees dealt with such offences in rural settings. Corporal punishment was prohibited in the juvenile justice system. Mr. Moletsane highlighted the issue of enforcement and change of mind set. A lot needed to be done to raise awareness about the negative effects of corporal punishment.

Second Round of Questions by Committee Experts

MIKIKO OTANI, Committee Expert and Rapporteur for Lesotho, inquired about the Government’s plan to establish alternative care institutions for children. Were there complaint mechanisms for children in such institutions? Did they have sufficient space, and financial and human capacities to accommodate and provide proper care for the children who needed alternative care?

What should be done to address child abuse and maltreatment in informal alternative care institutions? Did the law require a court order to place children in alternative care institutions? What measures should be taken to prevent the current practice of placing children in alternative care institutions without a court order?

Turning to adoption, Ms. Otani asked about the role that the adoption agency would play. Were the Foster Care and Adoption Policy of 2013 and the Adoption Practice Guidelines and Proceedings implemented? What were the reasons for the long adoption process? Did the Government try to promote domestic adoption and how?

What was the situation of children in prison with their mothers? Did judges take into consideration the best interests of the child in deciding the sentence on the mothers or fathers who were caring for children? Did children live in prisons with caregiving parents and were they provided with appropriate facilities and services in prisons?

BENYAM DAWIT MEZMUR, Committee Expert and Rapporteur for Lesotho, raised the issue of children’s health and medical exemptions for vulnerable groups of children. Where did the funding for medical exemptions come from?

Mr. Mezmur further highlighted insufficient medicine supplies and international cooperation in that regard. With respect to HIV/AIDS, knowledge about HIV/AIDS prevention seemed to be static, and prevalence among adolescent girls and boys seemed to be high. What was the trajectory for reaching 100 per cent of prevention of mother to child transmission? What was the situation of immunization coverage?

What progress had been made in gathering disaggregated data on children with disabilities? Mr. Mezmur further inquired about the use of sign language as a way to facilitate access to justice for children with disabilities.

He asked about the existence of a sustainable nutrition programmes for children aged below 5, breastfeeding and child friendly hospitals, maternity leave, and the national action plan for water and sanitation.

Finally, Mr. Mezmur asked about gender parity in education, efforts to refurbish schools, and the privatization of education.

ANN MARIE SKELTON, Committee Expert and Rapporteur for Lesotho, observed that there seemed to be blurring of migrant children and refugee and asylum-seeking children. Did the law make a clear distinction in that regard? Were migrant children accepted in schools? Where were unaccompanied migrant children placed? As it received refugee children from the Democratic Republic of the Congo, Lesotho should have a system for identifying child soldiers and providing them with support.

As for child labour, Ms. Skelton said that domestic work and herding of cattle were the two problems which were the most difficult to eliminate, and that little progress had been made in that regard. What had been done to disseminate the 2014 Minimum Employment Guidelines for Shepherds, and had there been any awareness raising programmes?

What was the number of street children in Lesotho? Begging was an offence, but that was not the right way to deal with the problem. What programmes were in place to deal with that phenomenon?

The statistics on sexual offences against children were very outdated. As for juvenile justice, Ms. Skelton praised Lesotho’s move to a restorative over a punitive approach, and that the minimum age of detention was set at 14. The minimum age of criminal responsibility had been raised from 7 to 10, and there was a plan to further raise it to 12. Ms. Skelton recommended that the age of criminal responsibility be set at 14.

What were children learning in approved schools? How many children were in prisons? Did children stay in police stations when detained?

Replies by the Delegation

In Lesotho the child was defined as any person below the age of 16. However, persons aged between 16 and 18 received the same protection as children. A legal amendment would stipulate that the child below the age of 18 had no capacity to consent to marriage. That amendment would supersede customary legal practices, especially when it came to child marriage, the delegation explained. Child marriage was a concern for the Government, and the authorities were launching a campaign to end it.

The Government aimed to strengthen alternative care centres for children, formalize kinship care, and improve capacity building of care providers. Raising awareness would be directed at communities to inform that care for children would be decided by the courts. The formalization of kinship care would create a lot of work for social workers, but would also protect children from property craving by relatives. In cooperation with UNICEF, the Government was developing a referral mechanism system and standard operating procedure for children who needed alternative care.

As for complaint mechanisms in alternative care centres, at the moment there was only monitoring by care givers. The authorities were undertaking a reform of the case management system, and they were planning to collect information about informal alternative care centres. Social workers dealing with children’s issues had been trained on the drafting of court orders, which were necessary for the placement of children in alternative care centres.

The role of the adoption agency would be to determine the adoptability of the child, and suitability of prospective parents, as well as to monitor and provide the central authority with annual activity reports. The Government would welcome technical assistance to accelerate the adoption process, which was slow because it was necessary to determine whether the child had no living relatives. It was for the best interest of the child to live with family members.

MOKHELE MOLETSANE, Minister of Law and Constitutional Affairs of Lesotho, explained that previous amendments had assisted the authorities in interpreting the definition of the child when there were discrepancies in different legal acts. When courts delivered justice, they would always refer to specialist legislation, namely the Child Protection and Welfare Act of 2011. Lesotho was embarking on constitutional reforms and it was an opportune time for all sectors to take advantage of those reforms.

The delegation said that there was one correctional centre in Lesotho where incarcerated breastfeeding mothers were able to feed their infants. The Government was currently constructing a new female correctional centre in order to meet the needs of detained mothers to care for their children.

Medical exemptions were part of public assistance in kind offered to vulnerable households or individuals. They were budgeted by the Ministry of Social Development, with collaboration from the Ministry of Health, the delegation explained. The availability of medicines currently stood at 93 per cent, and medical staff were able to order medical supplies through the logistical management information system. The Government had allocated a budget for vaccines and medicines for family planning, but it still depended on donors for the rest of medicines.

In terms of HIV/AIDS prevention, the authorities had engaged civil society to reach communities at risk through trainers for comprehensive sexuality education. There were also counsellors for youth and outreach teams of peer educators to identify key populations. The Ministry of Health had adolescent friendly services, which would allow young people to seek health services. Professional nurses worked with traditional healers and community leaders to bring them to hospitals for training on how to perform traditional male circumcision.

The immunization coverage stood at 68 per cent in Lesotho and vaccination campaigns were carried out by the Ministry of Health, partners and communities. Vaccine cold storages were available at the central level, and were deemed sufficient. The Government financed most of the vaccines, whereas the rest was provided by the GAVI Alliance. As for water-borne diseases, the Ministry of Health had a department on environmental health, which worked with schools and communities to spread knowledge about the prevention of those diseases.

There were shelters for pregnant women, who were advised to visit pre-natal clinics as early as possible to receive a service kit and counselling, as well as to get tested for HIV/AIDS. HIV/AIDS exposed infants underwent tests until the age of 18 months to confirm that they were not positive. The authorities worked hard to empower HIV/AIDS positive children and adolescents through strengthening clubs for them. There were blood banks in three regions, but there was a shortage of blood donors. Women had to pay for caesarean section, but the fee was low.

The teenage pregnancy rate was high and stood at 19 per cent. Nine out of 10 of those girls were married. The Ministry of Health was carrying out a pilot project of pregnancy self-testing for adolescent girls, in addition to awareness raising campaigns. Nutrition corners existed across the country to educate women about how to prepare food at different growth stages of their children.

The Government was currently reviewing the Labour Law to introduce a 14 weeks paid maternity leave, and it was campaigning for the ratification of the International Labour Organization Convention No. 103 on maternity protection to encourage mothers to exclusively breastfeed for at least six months. The authorities carried out preparations for baby friendly hospitals.

The Government in collaboration with the Lesotho Association of Persons with Disabilities had reached an agreement to provide sign interpretation in courts when there was need. Equally, social services providers would be trained to improve services for persons with disabilities in the justice system. Lesotho had a general social transfer programme, which could be accessed by persons with disabilities. The Government was currently working on introducing a comprehensive package of grants, such as the infant grant, the disability grant, the old-age pension, and labour-related grants, co-financed by the World Bank and the United Nations Children’s Fund.

The previous community-based rehabilitation programme for persons with disabilities, supported by the Danish Government, had not yielded results because persons with disabilities had been left to their own devices. The new community development programme would include persons with disabilities in the context of their households and communities.

Turning to education, the delegation explained that in most cases boys and girls left school to help their families earn a living, to take care of younger siblings, or due to early pregnancy. Young boys also crossed into South Africa to work in illegal mining. That situation was a serious challenge for the Government. Nevertheless, there were posts across the country to teach reading and writing to boys and girls in the countryside. Teaching and learning was also available through a limited home-based schooling programme.

At the same time, pre-school attendance was increasing. The Government was aware that the schools built by churches had dilapidated, which was why it had been constructing schools on an annual basis since 2002. The authorities relied heavily on church schools, even though it was the Ministry of Education that oversaw the implementation of the education policy in these schools, and defined the national school curriculum.

As for mental health, the delegation explained that children and adolescents were a priority for the Ministry of Health, but there was a limited number of psychologists to work with child victims of sexual abuse. The Ministry was thus working to train all medical personnel in hospitals to manage child victims accordingly.

Turning to climate change, the delegation noted that it negatively affected food production and food security. The Government had launched the “zero hunger” review, which had shown that the private sector with its technology and research was more equipped to address climate change and ensure the availability of food.

The Government would collect data on domestic work and herding. A child labour unit had been set up within the Ministry of Labour and it had embarked on several awareness-raising campaigns. District child protection teams had been trained, and child protection community teams would be trained as well.

The authorities did not have information about the number of street children. Begging among street children would better be qualified as payment for the work that those children performed. There were programmes for street children to reunite them with their families, the delegation explained. Street children could also benefit from the Orphans and Vulnerable Children Bursary Programme.

Detained children were not held in police stations; they were given back to their parents or guardians. The number of children in detention facilities was decreasing, and the Ministry of Justice was planning to reintegrate juvenile offenders through so-called approved schools.

As for the repatriation of trafficked children to their countries of origin, the International Organization for Migration was working with the Ministry of Internal Affairs on border management. Some of the expected outcomes were the standard operating procedure for border management and the drafting of memoranda of understanding with transportation companies. Trafficked children were repatriated if they wanted to return to the country of their origin. Otherwise, they were provided with protection in Lesotho. Unaccompanied minors were treated in the same way as refugee or asylum-seeking children. Once registered, they were enrolled in school.

Follow-up Questions by Committee Experts

ANN MARIE SKELTON, Committee Expert and Rapporteur for Lesotho, drew the delegation’s attention to the ongoing Global Study on children deprived of liberty and asked the Government of Lesotho to fill in the relevant questionnaire and submit it to the Committee.

Concluding Remarks

BENYAM DAWIT MEZMUR, Committee Expert and Rapporteur for Lesotho, welcomed the existence of the children’s parliament in Lesotho and the introduction of integrated services for children. He highlighted some challenges, such as dependence on donor funding for some children’s programmes, projects that needed to be rolled out on a bigger scale, and banning of corporal punishment in all settings. Mr. Mezmur expressed hope that the political commitment expressed by the delegation would translate into the implementation of the Committee’s recommendations.

MOKHELE MOLETSANE, Minister of Law and Constitutional Affairs of Lesotho, thanked the Committee for its interaction with his delegation, and reassured it that the Government of Lesotho was committed to upholding the rights of children. Mr. Moletsane reaffirmed that the Committee’s concluding observations would be taken seriously by the Government.

RENATE WINTER, Committee Chairperson, asked the delegation to convey to the children of Lesotho the Committee’s best regards.


For use of the information media; not an official record

CRC18.019E