The prospect of establishment of a Human Rights Commission sparks new hope for the defenceless

News about the process of establishing a Human Rights Commission for Lesotho was received with relief by all Basotho especially the defenceless. Being a teenager in high school, I have always wondered as to who is responsible for the protection and promotion of human rights in my country. Then last year 2022, I heard about the prospect of establishing an institution that will be called a Human Rights Commission.  I was happy to hear that there were several laws that were being discussed by Parliament that would result in amending the constitution, and that the Human Rights Commission law was one of them.

I have since been informed that discussions about establishing a Human Rights Commission have been ongoing since 1996. I read that in 2011, Parliament passed the Sixth Amendment to the Constitution Act introducing Chapter XI to the Constitution to create the Commission. Section 133A of the Constitution, as amended, provides that “[t]here is established a Human Rights Commission which shall be independent and free from interference and subject only to this Constitution and any other law”.

I have been wondering what happened since then because up to today, the Commission still eludes the Basotho as they are still waiting for its establishment. I was told that after the 2011 constitutional amendment, a Bill to operationalise the Commission was drafted and passed by Parliament in 2016. I was also told that it was realised that the 2016 law creating the Commission was deemed not a good law because it did not provide for the required independence that a Commission should have.

I learned for example that under that law, Commissioners could be dismissed at any time if they annoyed the appointing authority; and that there were other weaknesses in the law that were identified by civil society and international partners. As a result, civil society filed a case in 2017 to challenge the law and have it amended to be in line with the international principles that govern National Human Rights Institutions (also called the Paris Principles). Before the case could be decided on, the national reforms process started in 2018. Since the Human Rights Commission was a constitutional institution, the Human Rights Commission Bill was included in the Bills that were part of the national reforms under the National Reforms Authority (NRA).  

The hopes of the most vulnerable are hinged on the creation of the Commission. The Commission has the mandate to receive complaints of allegations of human rights violations. Once allegations are received, the Commission will investigate them and make recommendations for remedies. Majority of the population cannot afford the services of a lawyer. The Commission is their hope. There are people in authority who violate other people’s rights including torture, discrimination, sexual violence, unfair trial and exclusion from opportunities. These groups include people with disabilities, women, young people and the LGBTQ among others. The Commission, in cooperation with regional mechanisms, the United Nations and other institutions will promote, protect and sustain the human rights of these groups in Lesotho.

How could a society flourish without education? It will be the role of the Commission to advocate for policies that are consistent with the spirit of promotion and protection of human rights of all. They include providing access to education, by means of learning supplies and more for young people, especially those in poverty-stricken societies. This ensures that everyone gets access, and not just the elite.

The Commission will also have powers to call for equal work opportunities. Women seem to be more marginalized in economic spheres, which results from a biased work environment. The right to work and make a living applies to all persons and the Commission will bring to an end, the abuse women endure and the insufficient opportunities. This will create an environment where workers are treated fairly to maintain equality.

The access to basic necessities is a matter of human rights. The Commission and other human rights advocates will work towards equality and non-discrimination for vulnerable groups like persons with disabilities, who are unable to work for themselves in order to sustain survival. The Commission can push for policies and programs including state grants to enable them to access healthcare, food and clean water; this ensures that they also have a basic level of dignity.

The LGBTQ people will be granted freedom to live their life of choice, which cannot be understated. They will be able to choose how they want their romantic life to look like, which is an essential human right. In addition, the oppression and abuse which has characterised many families will be brought to an end. Those responsible will be punished. This will bring down the rate of domestic violence, which amongst many factors is caused by people being forced into marriages due to societal expectations.

Moreover, with the creation of the Human Rights Commission, people will have an additional voice to speak about societal ills including corruption that is leading to society not getting the services they deserve. It will provide an opportunity for the powerless to speak up when they experience abuse. The establishment of the Commission empowers all persons and groups and enlightens them that they deserve dignity from society, the government or their work environment. It allows them to stand up for their rights.

By all counts, it is clear that the Commission will work towards creating a peaceful and equitable nation, in accordance with the constitution and other laws in Lesotho. I look forward to the creation of the Commission. I also call on all Basotho to support advocacy for the speedy establishment of the Commission. 

*The author is a high school student interested in the enjoyment of human rights for all. She is one of the winners of the “Ambassador for a day” competition, an initiative launched by the Ambassadors accredited to and resident in Lesotho, including the UN Resident Coordinator. The initiative, which was open to young girls in Lesotho, in commemoration of International Women’s Day, is a year-long programme that provides the opportunity for the winners to be mentored by one of the Ambassadors during this period. Maseipati is partnering with the UN Resident Coordinator as one of the winners of the competition.