An analysis of how human rights violations affect development in Lesotho
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Date
2025-05-31
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National University of Lesotho
Abstract
This study critically examines the intricate impact of human rights violations on development in
Lesotho. It demonstrates that human rights violations are not only perpetuated by direct
infringements of fundamental rights but also by the state’s failure to ensure the justiciability of all
human rights for effective enforcement. Socio-economic and cultural rights are considered non-
justiciable in Lesotho and this means that their interdependence with civil and political rights is
overlooked. Additionally, discriminatory practices entrenched in customary law are retained and
shielded by the Lesotho Constitution of 1993. The system of male primogeniture, which is one of
the practices protected by culture, creates gender inequalities in society. Men are privileged to the
detriment of women, and this consequently undermines the ability of women to effectively
contribute to their societies in promoting development.
It highlights that Lesotho has traditionally been classified as a dualist state. There have however,been trends in the use of monism and this has conversely repudiated Lesotho’s strict categorisation
as a dualist state. Nonetheless, it is argued that the reliance on both theories of monism and dualism
is presently inadequate for ensuring the protection of human rights and compliance with
international human rights instruments. Lesotho is a state party to a plethora of treaties, and
consequently has to comply with its obligations. To facilitate this, it is important that Lesotho
prioritises the protection human rights and discard the strict adherence to the monist-dualist
dichotomy, which has proven to hamper the protection of human rights.
Moreover, the study integrates a comparative perspective with South Africa and Kenya to draw
valuable lessons and strategies for curbing human rights violations that impact on development.
These countries experiences’ highlight the complex relationship between the protection of human
rights and the effects of such violations on development. This study urges inter alia, the
government of Lesotho to enshrine all socio-economic and cultural rights as judicially enforceable
rights and repeal all discriminatory practices that are protected by customary law.
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Keywords
Development, violations, human rights, monism, dualism, monist-dualist dichotomy, male primogeniture, gender inequalities