Lesotho gained independence on October 4, 1966. In January 1970 the ruling Basotho National Party (BNP) looked set to lose the first post-independence general elections when Prime Minister Leabua Jonathan annulled the election. He refused to cede power to the Basotho Congress Party (BCP) and imprisoned its leadership.

The BNP ruled by decree until January 1986 when a military coup forced them out of office. The Military Council that came into power granted executive powers to King Moshoeshoe II, which was until then a ceremonial monarch. In 1987, however, the King was forced into exile after a falling out with the army. His son was installed as King Letsie III.

The Chairman of the military junta, Major General Metsing Lekhanya, was ousted in 1991 and then replaced by Major General Phisoane Ramaema, who handed power to a democratically elected government of the BCP in 1993. Moshoeshoe II returned from exile in 1992 as an ordinary citizen. His son abdicated in his favor in 1995, but Moshoeshoe II died in a car accident in 1996 and was again succeeded by his son, Letsie III. The ruling BCP split over leadership disputes in 1997.

Prime Minister Ntsu Mokhehle formed a new party, the Lesotho Congress for Democracy (LCD), and was followed by a majority of Members of Parliament, which enabled him to form a new government. The LCD won the general elections in 1998 under the leadership of Pakalitha Mosisili, who had succeeded Mokhehle as party leader. Despite the elections being pronounced free and fair by local and international observers and a subsequent special commission appointed by SADC, the opposition political parties rejected the results.

Opposition protest in the country intensified, culminating in a violent demonstration outside the royal palace in August 1998. Looting, casualties, and widespread destruction of property followed. When junior members of the armed services mutinied in September, the government requested a SADC task force to intervene to prevent a coup and restore stability. A military group of South African and Botswana troops entered the country in September, put down the mutiny and withdrew in May 1999.

An Interim Political Authority (IPA), charged with reviewing the electoral structure in the country, was created in December 1998. The IPA devised a proportional electoral system to ensure that there be opposition in the National Assembly. The new system retained the existing 80 elected Assembly seats, but added 40 seats to be filled on a proportional basis. Elections were held under this new system in May 2002 and the LCD won again. For the first time, however, opposition political parties won significant numbers of seats. Nine opposition parties hold all 40 of the proportional seats, with the BNP having the largest share (21). The LCD has 79 of the 80 constituency based seats. Although its elected members participate in the National Assembly, the BNP has launched several legal challenges to the elections; none has been successful.

Lesotho's economy is based on agriculture, livestock, manufacturing, and the earnings of laborers employed in South Africa. Lesotho is geographically surrounded by South Africa and economically integrated with it as well. The majority of households subsist on farming or migrant labor, primarily miners in South Africa for 3 to 9 months. The western lowlands form the main agricultural zone. Almost 50% of the population earns some income through crop cultivation or animal husbandry with over half the country's income coming from the agricultural sector.

Water is Lesotho's only significant natural resource. It is being exploited through the 30-year, multi-billion-dollar Lesotho Highlands Water Project (LHWP), which was initiated in 1986. The LHWP is designed to capture, store, and transfer water from the Orange River system and send it to South Africa's Free State and greater Johannesburg area, which features a large concentration of South African industry, population, and agriculture. Completion of the first phase of the project has made Lesotho almost completely self-sufficient in the production of electricity and generated approximately M 168 million ($24 million) annually from the sale of electricity and water to South Africa. The World Bank, African Development Bank, European Investment Bank, and many other bilateral donors financed the project. Lesotho has taken advantage of the African Growth and Opportunity Act (AGOA) to become the largest exporter of garments to the U.S. from sub-Saharan Africa. Exports totaled over $320 million in 2002. Employment reached over 50,000, marking the first time that manufacturing sector workers outnumbered government employees. Most factories are owned by Asian investors.

Lesotho has received economic aid from a variety of sources, including the United States, the World Bank, the United Kingdom, the European Union, and Germany.

Lesotho has nearly 6,000 kilometers of unpaved and modern all-weather roads. There is a short rail line (freight) linking Lesotho with South Africa that is totally owned and operated by South Africa. Lesotho is a member of the Southern African Customs Union (SACU) in which tariffs have been eliminated on the trade of goods between other member countries, which also include Botswana, Namibia, South Africa, and Swaziland. Lesotho, Swaziland, Namibia, and South Africa also form a common currency and exchange control area known as the Rand Monetary Area that uses the South African Rand as the common currency. In 1980, Lesotho introduced its own currency, the loti (plural: maloti). One hundred lisente equal one loti. The Loti is at par with the Rand.

The Constitution provides for freedom of religion, and the Government generally respects this right in practice.

There was no change in the status of respect for religious freedom during the period covered by this report, and government policy continued to contribute to the generally free practice of religion.

The generally amicable relationship among religions in society contributed to religious freedom.

The U.S. Government discusses religious freedom issues with the Government in the context of its overall dialog and policy of promoting human rights.

The country has a total area of 11,720 square miles, and its population is approximately 2.1 million. Christianity is the dominant religion. Approximately 90 percent of the population are Christian, and 70 percent of Christians are Roman Catholic. Muslims, members of other non-Christian religions, and atheists constitute the remaining 10 percent. Christians are scattered throughout the country, while Muslims live mainly in the northeastern part of the country. Most practitioners of Islam are of Asian origin, while the majority of Christians are the indigenous Basotho.

Many devout Christians still practice their traditional cultural beliefs and rituals along with Christianity. The Catholic Church has fused some aspects of local culture into its services. For example, the singing of hymns during services has developed into a local and traditional way of singing (a repetitive call and response style) in Sesotho--the indigenous language--as well as English. In addition priests are seen dressed in local dress during services.

Missionary groups active in the country are evangelical, traditional Protestant, and Catholic from North America, Europe, and South Africa.

The Constitution provides for freedom of religion, and the Government generally respects this right in practice. The Government at all levels strives to protect this right in full, and does not tolerate its abuse, either by governmental or private actors.

There is no state religion and no evidence that the Government favors any particular religion.

There are four religious holidays that are also national holidays: Christmas, Good Friday, Easter Monday, and Ascension Day. The observance of these holidays does not negatively impact any religious group.

The Government does not establish requirements for religious recognition. Generally the Government does not provide benefits to any religious groups. Any religious group may apply for a waiver of taxes on charitable donations from outside the country; however, in practice few, if any, waivers are given.

Under the Societies Act of 1966, any group may register with the Government, regardless of the purpose of the organization. The only requirements are a constitution and a leadership committee. Unregistered groups are not recognized as official for any government benefits, such as duty-free import permits for donated items or tax relief on donated funds. There are no punishments for not registering and it is common for informal church groups not to register.

The strong Catholic presence in the country led to the successful establishment of Catholic schools in the last century and their influence over education policy. However, the influence of the Catholic Church has decreased in recent years, and the Catholic Church now owns less than 40 percent of all primary and secondary schools in the country. Moreover, a standard curriculum for both secular and parochial schools is required by the Ministry of Education, and all teachers are paid and certified by the Ministry of Education.

Government policy and practice contributed to the generally free practice of religion.

There were no reports of religious prisoners or detainees.

There were no reports of forced religious conversion, including of minor U.S. citizens who had been abducted or illegally removed from the United States, or of the refusal to allow such citizens to be returned to the United States.

The generally amicable relationship among religions in society contributed to religious freedom.

The U.S. Government discusses religious freedom issues with the Government in the context of its overall dialog and policy of promoting human rights.

The crime rate in Lesotho is low to moderate compared to industrialized countries, with the important exception of murder. An analysis was done using INTERPOL data for Lesotho. For purpose of comparison, data were drawn for the seven offenses used to compute the United States FBI's index of crime. Index offenses include murder, forcible rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft. The combined total of these offenses constitutes the Index used for trend calculation purposes. Lesotho will be compared with Japan (country with a low crime rate) and USA (country with a high crime rate). According to the INTERPOL data, for murder, the rate in 1999 was 50.41 per 100,000 population for Lesotho, 1.00 for Japan, and 4.55 for USA. For robbery, the rate in 1999 was 64.82 for Lesotho, 3.34 for Japan, and 147.36 for USA. For aggravated assault, the rate in 1999 was 156.88 for Lesotho, 15.97 for Japan, and 329.63 for USA. For burglary, the rate in 1999 was 250.35 for Lesotho, 206.01 for Japan, and 755.29 for USA. The rate for motor vehicle theft in 1999 was 30.76 for Lesotho, compared with 34.01 for Japan and 412.70 for USA. The rate for all index offenses combined was 553.22 for Lesotho, compared with 1529.75 for Japan and 4184.24 for USA. (Note: data were not reported to INTERPOL by the USA for 1999, but were derived from data reported to the United Nations for 1999)

The security forces consist of the Lesotho Defense Force (LDF), the Lesotho Mounted Police Service (LPS), and the National Security Service (NSS). The Prime Minister is the Minister of Defense, with direct authority over the LDF and the NSS. The police force is under the authority of the Minister of Home Affairs. The LDF continued to be the subject of a national debate on the structure, size, and role of the armed forces. The NSS and the LPS also continued to undergo comprehensive restructuring. Civilian authorities maintained effective control of security forces. Some members of the security forces committed human rights abuses.

The Constitution expressly prohibits such practices; however, there were allegations of torture by security forces and credible reports that the police at times used excessive force.

Police reportedly used torture during the May interrogation of Theko Lerotholi, a military officer who had been arrested in connection with a spate of robberies. Lerotholi subsequently was released.

On September 16, police arrested Malefa Mapheleba, a leader of the Basotho National Party (BNP), for suspected involvement in the escape of a fugitive from Central Prison. Mapheleba claimed that police subsequently tortured her in prison. There were unconfirmed reports that Mapheleba left the country after her release.

Police corruption was a problem; however, the Government continued its reform efforts. During the year, the Minister of Home Affairs began a program to reform and retrain police; approximately 30 police officers were suspended, dismissed, or otherwise disciplined as a result. The Government also established a Police Independent Complaints Directorate staffed by former police personnel during the year.

The Constitution prohibits arbitrary arrest and detention, and the Government generally observed these prohibitions.

Persons detained or arrested in criminal cases and defendants in civil cases had the right to legal counsel; however, there was no system to provide public defenders. The Ministry of Justice and the nongovernmental community (NGO) maintained a few legal aid clinics. The law provides for granting bail, which the authorities granted regularly and generally fairly.

In June, Zwelakhe Mda, the president of the Law Society, was arrested for obstructing justice by "illegally obtaining evidence." He was the lead defense attorney for the individual accused of murdering the Prime Minister's son in January 2002 and a vocal critic of the government, particularly the Ministry of Justice. Mda was acquitted in October, due to testimony from crown witnesses that the court described as "overwhelmed with discrepancies, contradictions, and improbabilities."

Because of serious backlogs of court caseloads, pretrial detainees were a significant portion of the prison population, and pretrial remand could last months or even years.

The Constitution provides for an independent judiciary, and the Government generally respected this provision in practice.

The judiciary consisted of the Court of Appeal (which meets semi-annually), the High Court, magistrates courts, and customary or traditional courts, which existed largely in rural areas to administer customary law. The High Court also provided procedural and substantive guidance on matters of law and procedure to military tribunals; however, it did not participate in judgments.

Military tribunals have jurisdiction over military cases only. Decisions by military tribunals can be appealed only to a special court-martial appeal court, which was composed of two judges from the High Court, one retired military officer with a legal background, and the registrar of the High Court.

The authorities generally respected court decisions and rulings. There was no trial by jury. Criminal trials normally were adjudicated by a single High Court judge who presided, with two assessors that served in an advisory capacity. In civil cases, judges normally heard cases alone. There was a large case backlog, which led to lengthy delays in trials.

In civil courts, women and men were accorded equal rights; however, in traditional and customary courts certain rights and privileges accorded to men were denied to women (see Section 5). When traditional law and custom were invoked in a court case, a male plaintiff could opt for customary judgments by a principal chief rather than a civil court, and the judgment was binding legally. This system greatly disadvantaged women.

There were no reports of political prisoners.

Prison conditions were poor, and facilities were overcrowded and in disrepair. Women were housed separately from men, and juveniles were housed separately from adults. Pretrial detainees often were held with convicted prisoners.

Prison regulations provide for visiting committees that were made up of principal chiefs, church ministers, representatives of the business community, advocates of the High Court, and other citizens. These committees may visit any prison without the prior knowledge of the prison director, and generally were allowed to do so. The committee reports its findings to the prison director. The International Committee of the Red Cross, through its regional office in Botswana, monitored prison conditions in the country during visits in January and February.

Domestic violence against women occurred frequently, and, although dependable statistics were not available, it was believed to be widespread. In Basotho tradition, a wife may return to her "maiden home" if physically abused by her husband. Under common law, wife beating is a criminal offense and defined as assault; however, few domestic violence cases were brought to trial. Beatings and violence against women perpetrated by husbands or other male relatives occurred frequently; however, increasingly it was considered socially unacceptable behavior.

The law prohibits rape, which is punishable by a minimum sentence of 5 years' imprisonment, with no option for a fine. The law also prohibits sexual harassment; however, in most cases, it was difficult to prove. Prostitution is illegal and was a problem; police seldom prosecuted offenders.

Both law and custom under the traditional chieftainship system severely limited the rights of women in areas such as property rights, inheritance, and contracts. Women have the legal and customary right to make a will and sue for divorce; however, under customary law, a married woman is considered a minor during the lifetime of her husband. She cannot enter into legally binding contracts, whether for employment, commerce, or education, without her husband's consent. A woman married under customary law has no standing in civil court and may not sue or be sued without her husband's permission. Government officials have criticized publicly this customary practice. The tradition of paying a bride price (lobola) was common. Polygyny was practiced by a very small percentage of the population.

Women's rights organizations have taken a leading role in educating women about their rights under customary and common law, highlighting the importance of women participating in the democratic process. The Ministry of Gender, Youth, Sports, and Recreation funds efforts by women's groups to sensitize society to the status and rights of women.

The Government devoted substantial resources to primary and secondary education. Education was not compulsory even at the primary levels, and a substantial number of children did not attend school, particularly in rural areas where there were few schools, where children were involved in subsistence activities in support of their family's welfare, or where families could not afford the costs associated with school attendance, such as fees for the purchase of uniforms, books, and materials. The problem of school nonattendance affected boys disproportionately more than girls. In traditional rural Basotho society, livestock herding by young boys frequently interfered with their school enrollment (see Section 6.d.). The Government began a program that provided free public education through the primary grades (1 through 6). The program covered the costs of school fees, books, and one meal per day in all schools in 1st grade. Expansion of the program to the fourth grade occurred during the year.

There was no pattern of societal abuse against children. However, familial stress, poverty, the spread of HIV/AIDS, and divorce led to a rise in child homelessness and abandonment, creating a growing number of street children.

Child prostitution was a problem. Young girls, many of whom were orphans, reportedly moved to urban areas to work as prostitutes. A 2001 UNICEF assessment concluded that child prostitution in the country was a poverty-driven phenomenon rather than a commercial enterprise and that the financial arrangements were casual and not the product of organized criminal syndicates. However, UNICEF and the Government agreed that while the numbers remained small, the trend toward commercial prostitution by children under age 18 was a growing problem in the country. There is little capability within either the police force or the Department of Social Welfare to address the needs of children likely to engage in prostitution.

The law does not prohibit trafficking in persons, and there were no reports of trafficking.