Lesotho

Free
66
100
PR Political Rights 30 40
CL Civil Liberties 36 60
Last Year's Score & Status
66 100 Free
A country or territory’s Freedom in the World status depends on its aggregate Political Rights score, on a scale of 0–40, and its aggregate Civil Liberties score, on a scale of 0–60. See the methodology.
People in Lesotho. Editorial credit: meunierd / Shutterstock.com

header1 Overview

Lesotho is a constitutional monarchy. In recent years, the army’s involvement in the country’s already fragile politics has resulted in political instability and a security crisis. Corruption remains a challenge. Customary practice and law restrict women’s rights in areas such as property, inheritance, and marriage and divorce.

header2 Key Developments in 2023

  • In May, popular radio presenter and investigative journalist Ralikonelo Joki was shot and killed outside his radio station. In response, the government ordered a 10-day nationwide nighttime curfew to address rising gun violence in the country. Four men were arrested in June in connection with the murder, and remained in custody after pleading guilty and being denied bail.
  • In October, Prime Minister Sam Matekane announced the addition of four new coalition partners in an effort to thwart an attempt to topple his government via a no-confidence vote.
  • A constitutional reform process, aimed at ending the country’s ongoing political instability, stalled during the year due to the opposition’s decision to boycott the process.
  • During the year, civil society members accused the government of using heavy-handed tactics to silence human rights defenders advocating against violations associated with the Lesotho Highlands Water Project, which included a lack of compensation for property losses.

PR Political Rights

A Electoral Process

A1 1.00-4.00 pts0-4 pts
Was the current head of government or other chief national authority elected through free and fair elections? 4.004 4.004

Lesotho is a constitutional monarchy. King Letsie III serves as the ceremonial head of state. The prime minister is the head of government. The head of the majority party or coalition automatically becomes prime minister following elections.

General elections held in October 2022 were won by the newly established party Revolution for Prosperity (RFP). The RFP’s founder and leader, businessman Sam Matekane, took office as prime minister later that month, forming a three-party coalition with the Alliance of Democrats (AD) and the Movement for Economic Change (MEC).

The elections were hailed as peaceful, fair, and safe by various international observer missions. No security breaches and outcome-altering incidents were reported, though observers raised concerns about the accuracy of the voter roll and noted an uneven playing field amongst parties and candidates due to a lack of campaign finance regulations.

A2 1.00-4.00 pts0-4 pts
Were the current national legislative representatives elected through free and fair elections? 4.004 4.004

The lower house of Parliament, the National Assembly, has 120 seats; 80 are filled through first-past-the-post constituency votes, and the remaining 40 through proportional representation. The Senate—the upper house of Parliament—consists of 22 principal chiefs who wield considerable authority in rural areas and whose membership is hereditary, along with 11 other members appointed by the king and acting on the advice of the Council of State. Members of both chambers serve five-year terms.

In October 2022, the newly established RFP won 56 of 120 seats in the National Assembly, becoming the largest party in Parliament. The Democratic Congress (DC) won 29 seats, while 8 seats were won by the All-Basotho Convention (ABC), the ruling party prior to the elections. The RFP formed a coalition government with the AD and the MEC, which combined had won nine seats. The 2022 general elections were hailed as credible and peaceful by various international observer missions and local observers.

In October 2023, Matekane announced the addition of four new coalition partners, in a move to thwart an attempt to topple his government via a no-confidence vote. His seven-party coalition government held 67 seats as of the end of 2023.

Lesotho held local elections in September 2023. The RFP won 445 of the 1,268 local council seats, followed by the DC, with 421 seats; independent candidates claimed 105 seats. No incidents of violence and interference were reported; however, turnout was low, at just over 26 percent.

A3 1.00-4.00 pts0-4 pts
Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies? 3.003 4.004

The Independent Electoral Commission (IEC) has been commended for its independence and its administration of credible and fair elections, particularly in 2022, when it faced capacity and resource constraints. However, the IEC incorrectly allocated four parliamentary seats following the 2022 polls, though the overall result of the election was not impacted by the error. It corrected its mistake following a court ruling, but questions remain about its integrity.

Because more than 50 political parties contested the 2022 elections, the IEC struggled to enforce campaign regulations and provide adequate oversight of public funds disbursed to parties during the campaign.

The 2022 elections occurred without the enactment of much anticipated constitutional and electoral reforms, which former prime minister Moeketsi Majoro attempted to push through by declaring a state of emergency. The High Court nullified the reforms before the election in September of that year, and the reform process remains stalled.

B Political Pluralism and Participation

B1 1.00-4.00 pts0-4 pts
Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or groupings? 4.004 4.004

Political parties may form freely, and registered parties are allocated funding by the IEC from the Consolidated Fund for expenses associated with campaigning. Parties represented in the National Assembly further receive funding on an annual basis in proportion to the number of seats they hold. Over 50 registered parties contested the 2022 elections, compared to 27 during the 2017 elections.

However, the IEC faces difficulties in regulating campaign funding and holding parties accountable for their use of public funds. In September 2023, the IEC said it would sue parties for failing to account for funds received during the October 2022 elections; it said only 14 of the parties had fully accounted for the funding. The lack of restrictions on private campaign donations contributed to an uneven playing field during the 2022 elections.

Political instability and associated violence and intimidation has at times prompted opposition leaders to flee the country.

B2 1.00-4.00 pts0-4 pts
Is there a realistic opportunity for the opposition to increase its support or gain power through elections? 4.004 4.004

Opposition parties have a realistic chance of gaining power through elections, and power has rotated frequently between DC- and ABC-led coalitions since 2012. The 2022 general elections continued the pattern of voters replacing incumbent governments. Formed in March 2022, the RFP overtook well-established parties that have controlled the country’s political landscape for the past decade.

B3 1.00-4.00 pts0-4 pts
Are the people’s political choices free from domination by forces that are external to the political sphere, or by political forces that employ extrapolitical means? 2.002 4.004

Lesotho has a long history of political instability largely related to disputes among factions of the Lesotho Defence Force (LDF) and the politicization of security agencies in general. Election observers found no reports of voter interference by security forces during the 2022 elections.

In September 2023, eight opposition parties accused Prime Minister Matekane of using the security agencies to harass them; they cited, for example, an allegation by the police commissioner that a motion of no confidence against the prime minister under discussion constituted a plot to overthrow the government. In October, the heads of three security agencies issued a statement vowing to protect Matekane against removal through a no-confidence vote. Their threatened intervention was avoided when an RFP legislator challenged the vote’s constitutionality and more parties joined Matekane’s coalition later that month.

Principal chiefs wield some political influence over their rural subjects. Some political parties, particularly the ABC and the DC, recruited members and used the music of famo music groups, implicated in deadly gang-related activities in both Lesotho and South Africa, during the 2022 elections, raising questions about the amount of influence they exert on elected officials.

B4 1.00-4.00 pts0-4 pts
Do various segments of the population (including ethnic, racial, religious, gender, LGBT+, and other relevant groups) have full political rights and electoral opportunities? 3.003 4.004

The constitution guarantees political rights for all. However, societal norms discourage women from running for office, even though the 2011 Electoral Act requires men and women to be listed alternately on parties’ candidate lists for the National Assembly. Women are often deprioritized on party lists. Only a quarter of parliamentarians elected in 2022 were women, and few women hold high-ranking positions. The 2011 law requires at least 30 percent of local council representatives to be women.

Persons living with disabilities are not fully represented in government, and accessibility concerns were not addressed during elections. Although the IEC implemented procedures to facilitate assisted voting during the 2022 elections, many polling stations were inaccessible to persons with disabilities.

LGBT+ individuals face societal discrimination and generally do not advocate for their rights in the political sphere.

The South African Development Community (SADC) preliminary report on the 2022 elections commended the inclusion of young people as candidates by several political parties: the youngest candidate was 18 years old.

C Functioning of Government

C1 1.00-4.00 pts0-4 pts
Do the freely elected head of government and national legislative representatives determine the policies of the government? 2.002 4.004

The stability of the previous governing coalition was undermined by disagreements between coalition partners and factionalism within the ruling ABC, including unsuccessful attempts to oust Prime Minister Majoro. Similarly, the current coalition government led by Prime Minister Matekane faced instability in 2023 after opposition parties vowed to oust him in a vote of no confidence. In October, the vote was put on hold after an RFP legislator challenged its constitutionality, arguing that any such vote should be delayed until the constitutional and electoral reform process was completed. The court did not rule on the challenge as of the end of 2023. Matekane’s addition of four new partners to the coalition at the end of October stabilized his government.

The reform process remained stalled at the end of 2023. The reforms were intended to shore up the stability of the government; for example, making it more difficult for lawmakers to remove the prime minister in a no-confidence vote or switch parties.

C2 1.00-4.00 pts0-4 pts
Are safeguards against official corruption strong and effective? 2.002 4.004

Official corruption and impunity remain significant problems. Corruption is especially prevalent in the awarding of government contracts, and customs fraud and the misuse of public funds is pervasive. The main anticorruption agency, the Directorate on Corruption and Economic Offence (DCEO), lacks full prosecutorial powers and faces capacity and funding challenges. The Asset Forfeiture Unit, which was established in 2016 to recover property connected to corruption cases, is largely ineffective. The International Monetary Fund (IMF) in May 2023 urged the government to enact reforms to establish an “independent, well-resourced anticorruption body.” The government in August 2023 said it would triple DCEO funding, to 70 million Loti ($3.9 million).

The DCEO has taken on few corruption cases to court in recent years. In 2023, DECO pursued a handful of cases against high-profile individuals, including one involving three former government officials implicated in a public tender scandal related to road repair. In July, it froze the accounts of one of the country’s biggest microfinance companies, Platinum Credit, due to allegations that the firm’s director embezzled millions of dollars.

In 2020, Parliament amended the DCEO Act to grant the agency powers to investigate money-laundering crimes beyond Lesotho’s borders. Anticorruption officials have claimed that individuals and companies have used state capture tactics to obtain immunity for corrupt dealings.

C3 1.00-4.00 pts0-4 pts
Does the government operate with openness and transparency? 2.002 4.004

Lesotho has no access-to-information law, and responses to information requests are not guaranteed. Though reports on public debt are publicly available, the management of public finances is generally shrouded in secrecy. The March 2023 Public Procurement Act has the potential to improve transparency by establishing a public procurement authority that will develop an online portal with information on all relevant documents, including tenders, processes, and awards.

One large-scale public project, the Lesotho Highlands Water Project (LHWP), has reportedly displaced thousands without adequate compensation and resulted in the destruction of arable and grazing land for Indigenous communities. In September 2023, the Seinoli Legal Centre, a public interest law firm, sued the LHWP for its lack of transparency regarding the socioeconomic impact of the project on communities.

Most public institutions do not have digital platforms to disseminate information. Although high-level government and elected officials are required to disclose their assets and business interests, these declarations are not made public. Enforcement of the rules is limited by resource constraints.

CL Civil Liberties

D Freedom of Expression and Belief

D1 1.00-4.00 pts0-4 pts
Are there free and independent media? 2.002 4.004

Press freedom is indirectly protected under constitutional guarantees of freedom of expression. However, journalists are subject to threats and intimidation from the authorities and private citizens, and women journalists are often harassed offline and online. In May 2023, popular radio presenter and investigative journalist Ralikonelo Joki was shot and killed outside his radio station in Maseru; Joki had reportedly received death threats from Facebook accounts prior to his murder. Four suspects pleaded guilty to his murder and remain in custody after being denied bail. The long-postponed trial of four soldiers allegedly behind the 2016 attempted murder of former Lesotho Times and Sunday Express editor Lloyd Mutungamiri started in July 2023 and was ongoing at year’s end.

Journalists additionally face statutory barriers that interfere in their work, including criminal code provisions that bar sedition and offenses against the “dignity of the royal family.” The Penal Code, adopted in 2010, allows police officers to force journalists to reveal their sources.

D2 1.00-4.00 pts0-4 pts
Are individuals free to practice and express their religious faith or nonbelief in public and private? 4.004 4.004

The constitution provides legal protections for freedom of religion and prohibits religious discrimination, and religious freedom is generally upheld in practice.

D3 1.00-4.00 pts0-4 pts
Is there academic freedom, and is the educational system free from extensive political indoctrination? 3.003 4.004

Academic freedom is generally respected in practice, though the government does interfere in the administration of institutions of higher education. In December 2023, the National University of Lesotho banned members of the LDF from addressing its community or interacting with students.

D4 1.00-4.00 pts0-4 pts
Are individuals free to express their personal views on political or other sensitive topics without fear of surveillance or retribution? 3.003 4.004

The constitution provides legal protections for freedom of expression. However, political violence in recent years has discouraged open political debate. In 2023, the government reinstated the controversial Computer Crimes and Cyber Security Bill, which was criticized by the media and civil society organizations as overly broad, and reminiscent of previous criminal defamation laws. Critics said the bill granted government agencies unfettered enforcement powers without adequate safeguards for the protection of freedom of expression. The bill was still being deliberated at the end of 2023.

A data protection commission, provided for in a 2011 privacy law, has not yet been established due to funding constraints.

The National Security Service (NSS) has in the past been implicated in or accused of monitoring citizens and journalists online. In June 2023, the Constitutional Court declared Section 26 (2) of the NSS Act, which the agency had used to seize and search mobile phones of two opposition politicians, unconstitutional. It found the clause lacks protections against abuse of power in the absence of a court order, and violates the right to privacy. The government appealed the decision.

E Associational and Organizational Rights

E1 1.00-4.00 pts0-4 pts
Is there freedom of assembly? 2.002 4.004

Protests and demonstrations are permitted, but organizers must seek a permit seven days in advance. Police have been accused of using excessive forces to disperse demonstrations. In May 2023, the Southern Africa Human Rights Defenders Network and the Seinoli Legal Centre accused LDF members of forcefully confiscating placards from protesters at the launch of Phase 2 of the LHWP in Polihali, Mokhotlong. In August 2023, Minister of Foreign Affairs Lejone Mpotjoana said that 62 Lerotholi Polytechnic students sought asylum in South Africa following the police response to an illegal protest on school grounds over allowances for July. While 38 returned to Lesotho, the others requested assurance in writing that they would not be arrested and tortured by the police upon their return.

E2 1.00-4.00 pts0-4 pts
Is there freedom for nongovernmental organizations, particularly those that are engaged in human rights– and governance-related work? 3.003 4.004

Nongovernmental organizations (NGOs) generally operate without restrictions. However, some civil society groups act cautiously when working on politically sensitive issues. In addition, government rules on registering NGOs are strict; those who are accused of neglecting to register their organization risk a five-year prison sentence. No NGOs have been held to account for failure to register in recent years.

NGOs criticized the Computer Crimes and Cyber Security Bill, noting that it has the potential to be weaponized against critical voices in the civic space.

Civil society has accused the government of using heavy handed tactics to silence activism against human rights violations associated with the LHWP.

E3 1.00-4.00 pts0-4 pts
Is there freedom for trade unions and similar professional or labor organizations? 2.002 4.004

While labor and union rights are constitutionally guaranteed, the union movement is weak and highly fragmented, and these challenges have undermined unions’ ability to advance the rights of workers—particularly in the country’s largest sector of employment, textiles. The government has previously been accused of undermining bodies like the National Advisory Committee on Labour (NACOLA), the Wages Advisory Board, and Industrial Relations Council.

In March 2023, Lesotho ratified three International Labour Organization (ILO) conventions, including one that extends bargaining rights to all workers.

In May 2023, the striking construction workers obtained a court order preventing police in Katse from harassing workers picketing at a site related to the LHWP over a pay dispute. Armed police had previously forcefully removed the picketing workers.

F Rule of Law

F1 1.00-4.00 pts0-4 pts
Is there an independent judiciary? 2.002 4.004

The constitution protects judicial independence, though limited resources and funding and poor court infrastructure render the judiciary ineffective. The judicial appointment process has in the past been criticized for lacking full transparency, and members of the Judicial Services Commission (JSC) at times acted without proper oversight. However, starting in 2022 the JSC publicly advertised positions and conducted public interviews of candidates.

Judges do rule against the government, including on politically sensitive issues like the September 2022 decision that found Prime Minister Majoro’s state of emergency declaration unconstitutional. High Court judges often fail to provide justification for their decisions. To assist with the finalization and delivery of written judgements, Chief Justice Sakoane Peter Sakoane announced in February 2023 that the judiciary had adopted a 90-day rule for the delivery of written judgments.

F2 1.00-4.00 pts0-4 pts
Does due process prevail in civil and criminal matters? 2.002 4.004

The courts generally uphold due process. However, fair trial rights are undermined by backlog of cases, which leaves individuals subject to trial delays and lengthy pretrial detention. In February 2023, Chief Justice Sakoane said that the recruitment of more judges in 2022 had accelerated the resolution of murder and corruption cases.

Amendments from 2021 to provisions of the 2002 Speedy Court Trials Act call for trials of accused persons to begin within two months of first being remanded. In September 2023, lawyers for soldiers imprisoned since 2017 in connection with the 2015 murder of former LDF commander Maaparankoe Mahao said the trial had been repeatedly postponed due to the unavailability of the Zimbabwean judge presiding over the case and a lack of preparation by the prosecution.

F3 1.00-4.00 pts0-4 pts
Is there protection from the illegitimate use of physical force and freedom from war and insurgencies? 2.002 4.004

Lesotho faced years of violence related to factional disputes within the army; the SADC appointed a National Reforms Authority in 2019 to create a reform process that would partially focus on the security sector, though these major reforms have not materialized.

The constitution provides legal protections against torture, but the country lacks specific anti-torture legislation, and allegations of torture have been levied against police forces, the LDF, and prison authorities. Concerns remain about a lack of accountability for past human rights abuses.

In January 2022, prominent human rights lawyer Napo Mafaesa was reportedly arrested and tortured by the police after allegedly concealing a weapon belonging to his client. His own lawyer, who had filed an urgent application for his release, had to go into hiding after allegedly receiving death threats from the police.

Many cases of police brutality, extrajudicial killings, and torture are unresolved. The Police Complaints Authority, which investigates police conduct, is criticized for being ineffective and lacking institutional independence because it can only investigate cases approved by the minister of police. In March 2023, Chief Justice Sakoane awarded 150,000 Loti ($8,245) to an elderly visually impaired man who had been severely beaten by police, and condemned the ongoing high levels of police brutality in the country.

In response to the killing of Joki, the radio journalist, and a rise in gun violence, the government imposed a nighttime curfew from May 16 to May 26, 2023.

F4 1.00-4.00 pts0-4 pts
Do laws, policies, and practices guarantee equal treatment of various segments of the population? 2.002 4.004

Rights are restricted for some groups. Same-sex sexual activity is legal, though same-sex marriage remains prohibited. LGBT+ individuals face societal discrimination and challenges accessing services, like health care. Discrimination based on sexual orientation or gender identity is not prohibited by law.

Customary laws and other social norms discriminate against women. For example, women are considered minors under the guardianship of their fathers before marriage and their husbands after marriage.

Schools often lack facilities for students with disabilities. In March 2021, Parliament passed the Persons with Disability Equity Act, bringing the country’s laws into accord with the UN Convention on the Rights of Persons with Disabilities, to which it is a signatory. Under the new law, the government introduced a disability grant program for those living with disabilities, and in July 2023, established the Persons with Disability Advisory Council, which will oversee the protection and promotion of the rights of people with disabilities.

G Personal Autonomy and Individual Rights

G1 1.00-4.00 pts0-4 pts
Do individuals enjoy freedom of movement, including the ability to change their place of residence, employment, or education? 3.003 4.004

The constitution protects freedom of movement, which is generally upheld. In recent years, a high incidence of rape on a path near the Ha Lebona and Ha Koeshe villages has prompted some women to reduce travel in the area.

The 10-day nationwide curfew in May 2023 ordered after Joki’s killing allowed only persons with a permit to perform essential services to move freely between 10:00 p.m. and 4:00 a.m.

G2 1.00-4.00 pts0-4 pts
Are individuals able to exercise the right to own property and establish private businesses without undue interference from state or nonstate actors? 2.002 4.004

The constitution protects property rights, though related laws are inconsistently upheld. Women’s rights are restricted in areas such as property and inheritance, including chieftainships, which can only be inherited by men. After Lesotho’s Constitutional Court declined to declare that provision of the 1968 Chieftainship Act unconstitutional, a complaint was submitted in 2014 to the African Commission on Human and Peoples’ Rights; the commission had yet to rule on the issue.

The Land Act of 2010 enables women to hold land titles. In 2022, Parliament passed legislation that enabled widows to inherit and administer their deceased husbands’ estates.

Government instability and the country’s volatile politics hamper normal business activity. In 2020, Parliament adopted new regulations that will reserve a list of 47 business activities for the Basotho ethnic group. Foreigners can only participate in these activities as minority shareholders.

G3 1.00-4.00 pts0-4 pts
Do individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic violence, and control over appearance? 2.002 4.004

Prominent social norms and harmful patriarchal attitudes negatively affect women, and women’s rights are restricted in marriage and divorce. The UN’s 2022 World Population Review found that 86 percent of women in Lesotho had experienced gender-based violence, and 40 percent had experienced violence at the hands of their partners. Accountability for the perpetrators of gender-based violence is not consistent. In 2022, Parliament passed the legislation to address gender-based violence and better support survivors.

Abortion is illegal, but is allowed under certain circumstances, such as rape. Child marriage remains a problem; in July 2023, the government told the UN Human Rights Committee that a bill that would criminalize child marriage was awaiting cabinet approval.

G4 1.00-4.00 pts0-4 pts
Do individuals enjoy equality of opportunity and freedom from economic exploitation? 2.002 4.004

Human trafficking remains an ongoing challenge for Lesotho. Although the US State Department’s 2023 Trafficking in Persons Report acknowledges that the government has made significant efforts in fighting the problem, it found that Lesotho authorities did not fully meet minimum standards to eliminate trafficking. The report stated that the government appointed a prosecutorial focal point for trafficking cases, but concerns remain about backlog in prosecution of trafficking cases. Other challenges include insufficient shelters for victims and the government’s reliance on one NGO to provide services to victims.

In February 2022, Home Affairs Minister Motlalentoa Letsosa held awareness campaigns around the country warning citizens about the problem, and these efforts were increased in 2023. In January 2023, four suspected traffickers of girls from Lesotho to South Africa appeared in the magistrate court in Maseru.

Child labor and forced labor for both men and women remain problems. In September 2021, the government introduced new visa requirements intended to further combat human trafficking in the country.

On Lesotho

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  • Population

    2,306,000
  • Global Freedom Score

    66 100 free