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Lesotho

CEDAW Committee’s approach towards LBTI people in Lesotho has been categorised as No Recognition of LBTI Rights. This is because the Committee did not provide any SOGIESC-specific recommendations for the State party.

It should also be noted that Lesotho’s last attended session was more than ten years ago; it is possible that Lesotho’s position on LBTI rights will be challenged at the international level, both by the CEDAW Committee as well as its civil society in advance of its next session.

Background Methodology Key findings

Lesbian, bisexual, transgender, and intersex (LBTI) people face a lot of discrimination, violence, and stigma in Lesotho. Lesotho decriminalised same-sex conduct and acts in 2012; previously the erstwhile Roman-Dutch law of the Cape Colony, including sodomy laws was applied to Basutoland (as Lesotho was then known).

The current legal framework of Lesotho allows for legal gender recognition although outdated terminology, inconsistencies, and a lack of guidelines limit the ability of transgender persons to successfully apply for legal gender recognition on their identity documents. The legal environment is also very challenging for the protection of intersex rights.

Despite decriminalisation, the legal framework for same-sex sexual conduct remains restrictive and contradictory. The Lesotho Constitution makes provision for a number of rights including the right to equality and freedom from discrimination (Section 18), the right to personal liberty (Section 6), the right to respect for private and family life (Section 11), the right to protection from inhuman treatment (Section 8) and the protection of health (Section 27) but does not specifically cite sexual orientation and gender identity as a grounds for non-discrimination. The Penal Code of 2010 criminalises public indecency and not same sex sexual conduct.

The last submitted State party report was in 2010 and contained no information on LBTI constituencies.

The CEDAW Committee did not provide any SOGIESC-focused recommendations to Lesotho in 2011. The List of Issues also did not include LBTI-inclusive questions.

Other general recommendations by the Committee that can apply to LBTI people include having a comprehensive strategy to address trafficking of women and girls which should contain access to quality medical care, counselling, financial support, adequate housing, and training opportunities, as well as free legal services; improve access to healthcare and sexual and reproductive health and rights for all women, including prevention and treatment of HIV/AIDS.