Welcome to the United Nations 
OHCHR 
Press releases Treaty bodies
Default title
17 March 2000
Share
17 March 2000
Afternoon
The Committee on the Elimination of Racial Discrimination this afternoon started its consideration of the fourteenth periodic report of Lesotho on the measures taken by the Government to implement the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
A Committee expert told the Government delegation that even though Lesotho claimed to have no problems of racial discrimination, it was obligated to put in place effective legislation, policies and programmes to combat and redress racial discrimination.
Introducing his country's report, L.F. Maema, Attorney-General of Lesotho, said the Government policy on the elimination of racial discrimination was expressed in the Race Relations Order of 1971 with the purpose of prohibiting discrimination on racial grounds in places of public resort and in related matters. The Order was enacted during the apartheid regime of the then white minority Government of South Africa and was an expression of Lesotho's strong objection to the apartheid policy, he said.
Gay McDougall, the Committee expert who served as country rapporteur to the report of Lesotho, said that while a number of human rights issues had been recognized by both domestic and international organizations in Lesotho, there appeared to be a few that had a significant racial dimension. For example, according to credible sources, tensions between Lesotho nationals and Asian and South African white factory owners remained high after a labour dispute, she added.
Also taking part in the discussion were Committee experts Luis Valencia Rodriguez, Regis de Gouttes, Francois Lonseny Fall, Ion Diaconu and Peter Nobel.
Lesotho's delegation also included R.V. Lechesa, Permanent Representative of Lesotho to the United Nations Office at Geneva; P.R. Lebotsa, Chief Legal Officer at the Ministry of Justice; R. Lesoli, Minister Counsellor at the Permanent Mission of Lesotho to the United Nations Office at Geneva; and M. Kotela, Legal Officer at the Legal Office of the Ministry of Labour and Employment.
(More)
As one of the 155 States parties to the Convention, Lesotho is obligated to present periodic reports to the Committee on its efforts to put the provisions of the treaty into effect.
Before adjourning its afternoon meeting, the Committee held a private session to examine communications submitted to it by individuals claiming to be victims by their respective States parties of their rights under the Convention. Only States parties that recognize the competence of the Committee to receive communications are concerned by this procedure.
When the Committee reconvenes at 10 a.m. on Monday, 20 March, it will continue its consideration of the report of Lesotho.
Report of Lesotho
The fourteenth periodic report of Lesotho (document CERD/C/337/Add.1) enumerates the administrative and legislative measures adopted by the Government to implement articles 2 to 7 of the Convention. It affirms that the country's Constitution protects all persons from being discriminated against on racial grounds. In addition, the Race Relations Order of 1971 also prohibits discrimination on racial grounds in places of public resort.
The report also gives detailed accounts of measures taken to bring racial discrimination to an end pertaining to education and employment.
Presentation of Report
L.F. MAEMA, Attorney-General of Lesotho, said his country had an estimated 6,000 immigrants among its 2 million inhabitants. The foreign immigrant population enjoyed the freedom to speak their respective languages of origin without any restrictions.
Government policy on the elimination of racial discrimination was expressed in the Race Relations Order of 1971 with the purpose of prohibiting discrimination on racial grounds in places of public resort and in related matters, Mr. Maema said. The Order was enacted during the apartheid regime of the then white minority Government of South Africa. It was an expression of Lesotho's strong objection to the apartheid policy.
Mr. Maema said that the Order was unfortunately limited and it had shown its shortcomings in dealing with other areas involving racial discrimination. It was evident that the Order was not amended in accordance with the Committee's general recommendation 1 nor had it been changed after the unfortunate incidents that occurred in Lesotho in 1991 and 1998 in which foreign immigrants were targeted by rioters. Those incidents had resulted in the mass destruction of property in three districts belonging to foreign immigrants and a great loss of lives in some instances, he said.
Mr. Maema continued to say that problems of racial discrimination had further been experienced in the education and employment sectors. In education, a private school which was open to children of all races and religions incidentally expelled Basotho children because they were dirty and therefore not fit to enter the mosque. It was quite disturbing that the Indian population which constituted a minority in Lesotho could advocate for discrimination on grounds of religion which in that particular case amounted to racial discrimination.
(More)
As for the employment sector, Mr. Maema said, in September 1996, workers of the Lesotho Highlands Water Project in Butha Buthe went on strike. In an effort to quell the situation, the police had intervened and some of the workers had been killed. A commission of inquiry examined a number of complaints that among others included discrimination. Apart from discrimination on site, workers complained of disparity of salaries and with respect to different medical treatment and social facilities available to both workers and employers.
GAY MCDOUGALL, the Committee expert who served as country rapporteur to the report of Lesotho, said that it was unclear what portion of the European and Asian population in the country had Lesotho nationality, as the report contained no quantitative data on the racial groups in the country. She suggested that the State party include in its future report more specific demographic information.
Ms. McDougall further said that while a number of human rights issues had been recognized by both domestic and international organizations in the country, there appeared to be a few that had a significant racial dimension. There were a growing number of manufacturing operations owned by Asian nationals. Some of those businesses had had to deal with disputes over labour conditions which had created racial tensions. According to credible sources, tensions between Lesotho nationals and Asian and South African white factory owners remained high following a labour conflict, and as many as 100 Asian nationals fled the country for South Africa, she added.
Referring to the report, Ms. McDougall said that the goal of the Ministry of Education was "to incorporate cultural values in school activities". It would be of interest to know whether such cultural values to be inculcated were only those central to the traditional Sesotho-speaking culture or whether Asian and European cultures were introduced in the educational system as well. Further, the State party should indicate whether the cultural values of a non-Lesotho were respected if they came in conflict with traditional cultural values.
Ms. McDougall said Lesotho's report did not contain any measures taken to give effect to the undertaking "not to sponsor, defend or support racial discrimination by any persons". Moreover, the State party report indicated that there had been no measures to review governmental, national and local policies or to amend or nullify any laws and regulations which had the effect of creating racial discrimination, because "the concept of racial discrimination is not known in Lesotho".
Ms. McDougall further said that the report asserted that there was no racial discrimination in the country and no reported complaints of such. Even if true, the State party could not release itself from its obligations under the Convention to put in place effective legislation, policies and programmes to combat and redress racial discrimination.
Other Committee experts also made comments on the report An expert said that Lesotho was applying customary laws in the rural areas and constitutional laws in urban laws. The expert wanted to know the status of the Convention in the presence of two laws in the country. With regard to equal opportunity in employment, another expert said that emphasis should be made on the various conventions of the International Labour Office to which Lesotho was a party. The Government was requested to provide figures on minorities involved in different branches of employment activities.
* *** *
Afternoon
The Committee on the Elimination of Racial Discrimination this afternoon started its consideration of the fourteenth periodic report of Lesotho on the measures taken by the Government to implement the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
A Committee expert told the Government delegation that even though Lesotho claimed to have no problems of racial discrimination, it was obligated to put in place effective legislation, policies and programmes to combat and redress racial discrimination.
Introducing his country's report, L.F. Maema, Attorney-General of Lesotho, said the Government policy on the elimination of racial discrimination was expressed in the Race Relations Order of 1971 with the purpose of prohibiting discrimination on racial grounds in places of public resort and in related matters. The Order was enacted during the apartheid regime of the then white minority Government of South Africa and was an expression of Lesotho's strong objection to the apartheid policy, he said.
Gay McDougall, the Committee expert who served as country rapporteur to the report of Lesotho, said that while a number of human rights issues had been recognized by both domestic and international organizations in Lesotho, there appeared to be a few that had a significant racial dimension. For example, according to credible sources, tensions between Lesotho nationals and Asian and South African white factory owners remained high after a labour dispute, she added.
Also taking part in the discussion were Committee experts Luis Valencia Rodriguez, Regis de Gouttes, Francois Lonseny Fall, Ion Diaconu and Peter Nobel.
Lesotho's delegation also included R.V. Lechesa, Permanent Representative of Lesotho to the United Nations Office at Geneva; P.R. Lebotsa, Chief Legal Officer at the Ministry of Justice; R. Lesoli, Minister Counsellor at the Permanent Mission of Lesotho to the United Nations Office at Geneva; and M. Kotela, Legal Officer at the Legal Office of the Ministry of Labour and Employment.
(More)
As one of the 155 States parties to the Convention, Lesotho is obligated to present periodic reports to the Committee on its efforts to put the provisions of the treaty into effect.
Before adjourning its afternoon meeting, the Committee held a private session to examine communications submitted to it by individuals claiming to be victims by their respective States parties of their rights under the Convention. Only States parties that recognize the competence of the Committee to receive communications are concerned by this procedure.
When the Committee reconvenes at 10 a.m. on Monday, 20 March, it will continue its consideration of the report of Lesotho.
Report of Lesotho
The fourteenth periodic report of Lesotho (document CERD/C/337/Add.1) enumerates the administrative and legislative measures adopted by the Government to implement articles 2 to 7 of the Convention. It affirms that the country's Constitution protects all persons from being discriminated against on racial grounds. In addition, the Race Relations Order of 1971 also prohibits discrimination on racial grounds in places of public resort.
The report also gives detailed accounts of measures taken to bring racial discrimination to an end pertaining to education and employment.
Presentation of Report
L.F. MAEMA, Attorney-General of Lesotho, said his country had an estimated 6,000 immigrants among its 2 million inhabitants. The foreign immigrant population enjoyed the freedom to speak their respective languages of origin without any restrictions.
Government policy on the elimination of racial discrimination was expressed in the Race Relations Order of 1971 with the purpose of prohibiting discrimination on racial grounds in places of public resort and in related matters, Mr. Maema said. The Order was enacted during the apartheid regime of the then white minority Government of South Africa. It was an expression of Lesotho's strong objection to the apartheid policy.
Mr. Maema said that the Order was unfortunately limited and it had shown its shortcomings in dealing with other areas involving racial discrimination. It was evident that the Order was not amended in accordance with the Committee's general recommendation 1 nor had it been changed after the unfortunate incidents that occurred in Lesotho in 1991 and 1998 in which foreign immigrants were targeted by rioters. Those incidents had resulted in the mass destruction of property in three districts belonging to foreign immigrants and a great loss of lives in some instances, he said.
Mr. Maema continued to say that problems of racial discrimination had further been experienced in the education and employment sectors. In education, a private school which was open to children of all races and religions incidentally expelled Basotho children because they were dirty and therefore not fit to enter the mosque. It was quite disturbing that the Indian population which constituted a minority in Lesotho could advocate for discrimination on grounds of religion which in that particular case amounted to racial discrimination.
(More)
As for the employment sector, Mr. Maema said, in September 1996, workers of the Lesotho Highlands Water Project in Butha Buthe went on strike. In an effort to quell the situation, the police had intervened and some of the workers had been killed. A commission of inquiry examined a number of complaints that among others included discrimination. Apart from discrimination on site, workers complained of disparity of salaries and with respect to different medical treatment and social facilities available to both workers and employers.
GAY MCDOUGALL, the Committee expert who served as country rapporteur to the report of Lesotho, said that it was unclear what portion of the European and Asian population in the country had Lesotho nationality, as the report contained no quantitative data on the racial groups in the country. She suggested that the State party include in its future report more specific demographic information.
Ms. McDougall further said that while a number of human rights issues had been recognized by both domestic and international organizations in the country, there appeared to be a few that had a significant racial dimension. There were a growing number of manufacturing operations owned by Asian nationals. Some of those businesses had had to deal with disputes over labour conditions which had created racial tensions. According to credible sources, tensions between Lesotho nationals and Asian and South African white factory owners remained high following a labour conflict, and as many as 100 Asian nationals fled the country for South Africa, she added.
Referring to the report, Ms. McDougall said that the goal of the Ministry of Education was "to incorporate cultural values in school activities". It would be of interest to know whether such cultural values to be inculcated were only those central to the traditional Sesotho-speaking culture or whether Asian and European cultures were introduced in the educational system as well. Further, the State party should indicate whether the cultural values of a non-Lesotho were respected if they came in conflict with traditional cultural values.
Ms. McDougall said Lesotho's report did not contain any measures taken to give effect to the undertaking "not to sponsor, defend or support racial discrimination by any persons". Moreover, the State party report indicated that there had been no measures to review governmental, national and local policies or to amend or nullify any laws and regulations which had the effect of creating racial discrimination, because "the concept of racial discrimination is not known in Lesotho".
Ms. McDougall further said that the report asserted that there was no racial discrimination in the country and no reported complaints of such. Even if true, the State party could not release itself from its obligations under the Convention to put in place effective legislation, policies and programmes to combat and redress racial discrimination.
Other Committee experts also made comments on the report An expert said that Lesotho was applying customary laws in the rural areas and constitutional laws in urban laws. The expert wanted to know the status of the Convention in the presence of two laws in the country. With regard to equal opportunity in employment, another expert said that emphasis should be made on the various conventions of the International Labour Office to which Lesotho was a party. The Government was requested to provide figures on minorities involved in different branches of employment activities.
* *** *