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Lesotho's Compliance with the Covenant on the Elimination of Discrimination Against Women: LBTQ+ Rights

This shadow report addresses human rights violations against the lesbian, bisexual, transgender, and queer women (LBTQ+) in Lesotho. In this report, we use the acronym LBTQ+ to refer to women who self-identify as lesbian, bisexual, transgender, and/or queer. These terms necessarily do not include all women who may experience violations of their human rights based on their real or perceived sexual orientation, gender identity, and/or gender expression status, which is why we included a “+” with the acronym. Variations of the acronym —including LGBTIQ+ which includes gay, bisexual, transgender, intersex, and queer men and gender-diverse individuals—are intentional. Lesotho fails to adequately prevent violence, harassment, and discrimination by State and non-State actors against women based on their perceived and actual sexual orientation, gender identity, and gender expression (SOGIE). Despite some promising developments, such as Lesotho’s efforts to make healthcare more accessible to LBTQ+ women and public statements by Chief Justice S. P. Sakoane calling for the “cultivation of an LGBTIQ sensitive culture,” LBTQ+ women do not enjoy the same rights and freedoms as non-LBTQ+ women in Lesotho. LBTQ+ women in Lesotho are subjected to discrimination by both State and non-State actors, including with regard to their right to health, access to justice, and legal gender recognition. The Constitution of Lesotho does not explicitly include “sexual orientation”, “gender identity,” or “gender expression” as protected grounds of discrimination. Lesotho has not enacted any laws to protect LBTQ+ individuals from discrimination, harassment, or violence based on SOGIE. Information in this report includes published information and first-hand material collected by non-governmental organizations (NGOs) and human rights defenders in Lesotho that work on LBTQ+ issues.