Browsing by Author "Molikoe, Nthabeleng Magret"

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    An analysis of how human rights violations affect development in Lesotho
    (National University of Lesotho, 2025-05-31) Molikoe, Nthabeleng Magret
    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.