June

The Lesotho Democracy Programme Parliamentary Officer accompanied by a Researcher from the Law Reform Commission held a public debate on the 5th June 2007 at Bela-Bela in the Berea district. The objective of the public debate was to introduce Child Protection and Welfare Bill, which will soon be presented before Parliament. Prior to the gathering, it was revealed that the Children Protection Act, 1980 was outdated. It concentrated only on delinquents and therefore did not comply with the issues of children's rights.

The Act does not address the needs of certain vulnerable groups such as children with disabilities, those affected and infected with HIV and AIDS, those without parental care, victims of various kinds of abuse and exploitation, abusers of substances and many others. TRC finds it necessary to solicit views from the communities which will be incorporated into the Bill in the form of amendments and lobbying of MPs is encouraged. About seventy (70) chiefs attended the hearing, the Principal Chief, Area chiefs, chiefs and headmen of Ward of Koeneng and Mapoteng. The Principal Chief reiterated that the gathering was momentous for it was the first of its kind in the history of Parliament of Lesotho, where the bill is presented to the communities/public before actually being debated in Parliament. She emphatically urged the chiefs to participate wholly and actively in the proposed law so as to benefit from this mammoth task.

The Resource Person stated that there are challenges facing the new era society such as HIV and AIDS pandemic, escalating numbers of orphans, child offenders, family structure decline and children as family heads with burden of responsibilities to mention a few. Hence the bill coverage of the rights and freedom of the child such as the right to name and nationality, right to birth registration and citizenship, right of orphaned and vulnerable children to registration, right to parental property, right to education and well-being, right to protection from torture and degrading treatment and right to refuse betrothal, marriage or other harmful cultural rites. When confronted with such challenges chiefs need to know which offices to approach, liaise and cooperate with, namely: Ministry of Local Government, Ministry of Health, Child and Gender Protection Unit within the Lesotho Mounted Service and the Master of High Court, which will be charged with the responsibility of protecting and administering the estates belonging to children while Child and Gender Protection Unit will receive children in conflict with the law as well as those in need of care and will hence need to liaise closely with relevant service providers.

Different questions concerning different scenarios were asked such as how the bill would protect the rights of the offspring in case of a death of a father who is a miner, whose wife has since remarried. According to his will, the wife is a sole beneficiary of the husband's assets and children and guardian are virtually excluded in his inheritance. However, the Resource Person revealed that the spouse is not legally married hence the marriage is considered null and void as such she is legally bound by law to fulfil the first husband obligations. Another case concerned naming of the illegitimate child whom is mostly discriminated against; because a child has a right to name and nationality, he or she has a right to good family structure in addition know individual parent regardless of the consequences. However, most men voiced their dissatisfaction, claiming that such children put many families in jeopardy thus such children should take his or her maternal surname not paternal one. Another scenario regards a case of family rituals where only legitimate children are allowed to participate in such occasion while those regarded as illegitimate are discriminated against, subsequently disallowed to participate. It was advised that families should start being accommodative and accept such children as part of the family to encourage unity. An administration of a will was insistently encouraged, some members of the community raised their concern whether an heir can contest the will, thereupon it was replied that the will is meant to be respected hence is legally binding. Therefore, the heir cannot contest it. Chiefs were encouraged to accommodate change and be dynamic.

In conclusion, it was reiterated that children should be protected from neglect, abuse, discrimination, violence, exploitation, oppression and exposure to physical and moral hazards. The gathered chiefs requested to be given ample time to consult their respective communities and would give their contribution in due course. The Principal Chief therefore, strongly advised the chiefs to contribute constructively because their views and interest would be utilised as amendments to the bill. In addition, she encouraged the panel of Law Reform Commission and Transformation Resource Centre to start writing laws in Sesotho version so as to be accommodative of a larger segment of the nation which cannot read an English version. She further stated that the chiefs should know Acts of Lesotho so that they can exemplary not only to their communities but also to the nation as a whole. Work for Justice Newspaper was then distributed to the public.

July

The Lesotho Democracy Programme Parliamentary Officer accompanied by a Researcher from Law Reform Commission held a public debate on the 5 th July 2007 at Bela-Bela at Berea district. The objective of the public debate was to follow- up the initial public hearing on Child Protection and Welfare Bill, which the chiefs promised to give their deliberations after having consulted their respective communities.  However, the meeting was not a success because only one chiefs seem to have conferred with her subjects,  who emphatically stated that children should respect their parents, guardians, superiors and elders at all times irrespective of their rights. In addition, she stated that children should not abuse their rights hence be disrespectful to their parents. Another public debate was held at Leribe, Moreneng on the 6 th July 2007, where about hundred (100) chiefs gathered including the Principal Chief of Leribe. After having introduced the Bill, the chiefs' responses and reactions were impressive and most of them participated actively. However, they showed their dissatisfaction on the issue of the child's right to name and nationality and right to knowledge of and grow with parents and in family environment. Most of them stated that names are given according to circumstances and events, names such as Lira-ha-li-bonoe and Joel which is the Principal Chief's  is an English name.

The researcher replied that such names are not disrespectful thus could be utilised, nevertheless, there are names which are meant to ridicule and embarrass children which should be avoided. Parents were advised to be considerate and accommodative whether a child is illegitimate or otherwise. It was stated that parents should start to take responsibility of their actions hence it is stipulated that children need to know their parents regardless of either circumstances or consequences. Different scenarios were given to seek clarity such as teenagers who are impregnated by a married man and having illegitimate child in a nuclear family. A reply given was a man has to maintain his children financially or otherwise, if that does not happen, the parent will be sued to ensure proper upbringing of the child. Most chiefs showed their concern that there is cultural contradiction with some laws. For instance Basotho deal with issues such as pregnancy and illegitimate children in their own way where such children are considered to be of grandparents. Here the Researcher appealed to the chiefs that Basotho generally should accommodate change and incorporate it because it about time children' s rights are protected and respected.

Because much focus was on the naming of the child, the Parliamentary Officer suggested that other issues of importance should also be debated such as the right to parental property and inheritance, child headed families because of HIV and AIDS pandemic, which are daily problems the chiefs have to solve. It was advised that parents and guardians should not neglect their responsibility thus should start to write wills while still alive to avoid confusion after parents' death. The Researcher made a juxtaposition of the will and written instructions, where she reiterated the importance of the will because it is legally binding and administered by lawyers while written instructions can be done by  local chiefs and family members, it is not like the former therefore it is not recommended. Office of the Master of High Court it was mentioned that it is charged with the responsibility of protecting and administering the estates belonging to children and chiefs were advised to make use of it whenever they encounter problems. Finally, the chiefs agreed that children over eighteen years of age should be liable to prosecution as they are considered to be of age.