Lesotho

The Kingdom of Lesotho is an enclave within South Africa. Its 1993 constitution still recognizes customary or traditional law, although it also grants civil and political rights to both women and men. The Constitution also recognizes domestic violence and rape as criminal acts and provides for equal rights for men [Page 849]and women on property ownership. Heavily dependent on men, however, Basotho women are considered legal minors under the permanent guardianship of father, brothers, or most likely, husbands, with no right to own land, but they do gain usufruct rights through marriage, as in several other African countries. The government passed a law in 2006 aimed at eliminating discrimination against married women, but it has had little effect so far. Customary law grants ownership rights only to men.

Young women in the Kingdom of Lesotho, an enclave within South Africa. Prior to reforms in 2007, married women in Lesotho were considered minors and could not sign legal documents or own property without their husbands consent.

Women are de facto heads of households but have limited job options, as 50 percent of the male workforce works in South Africa. Lesotho, Botswana, and Swaziland, which are intimately tied to South Africa's mining economy, have the highest human immunodeficiency virus (HIV) prevalence (41 percent) in Africa. Lesotho has had one of the world lowest women's life expectancy averages, at 36 years in 2007, very closely followed by Swaziland (34 years for women; 33 years for men) and Botswana (33 years for women; 35 years for men). Life expectancy at birth is quite low, and 32.3 for men and 32 for women.

Basotho women are highly disadvantaged within the family structure, and early marriage is prevalent. It is estimated that 18 percent of girls between 15 and 19 years old are married, divorced, or widowed. Polygamy is legal, although the proportion of population practicing it is minimal. As a result of marriage customary law, custody of children is almost always granted to the father. In contrast, female enrollment in higher education is quite high in this country-at the National University of Lesotho, in 1997, 1,121 women were enrolled, as opposed to 892 men.

Some women have actively fought to promote gender rights through political mobilizing and lobbying. The political path toward gender equality possibly [Page 850]began with the 21st century, through gender policies such as the Lesotho Gender Policy or the Gender and Development Policy. The Lesotho Gender Policy (2003), based on the “realization of human rights for all,” “equal participation principles in development,” and “nondiscrimination and empowerment of the marginalized,” was promoted by the Minister of Gender and Sports.

Limakatso Ntakatsane founded the Kopanang Basotho Party in 1992, and the Basotho Women's Parliamentary Caucus was established, among other political structures, as part of the implementation of the Gender and Development Policy (2003). The Executive Committee Ruling of the Lesotho Congress for Democracy (ruling party) showed 41 percent female and 59 percent male. The 2002 general elections registration recorded a voting population that was 57 percent women and 43 percent men, so the future seems quite promising in this regard.

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