A/HRC/42/47/Add.7
Response of the government of the kingdom of Lesotho to the
report of the special rapporteur on the human rights to safe
drinking water and sanitation
1.
The Government of the Kingdom of Lesotho wishes to express gratitude to the Special
Rapporteur on the human rights to safe drinking water and sanitation for accepting and
honoring the request to undertake an official mission to Lesotho. As it will be recalled, this
mission is a result of Lesotho’s observance to her international obligations as she is honouring
the recommendations that were presented during her 2 nd cycle of the Universal Periodic
review Mechanism, that of extending an invitation to Special Procedures.
2.
Whereas Lesotho welcomes the report and some of its findings, we would like to point
out that on some issues or areas, a gloomy picture has been painted about Lesotho.
The Special Rapporteur finds that “water, sanitation and hygiene are a
bottleneck that holds the Basotho back from improving their lives, making autonomous
choices on their way of living and enlarging their freedom”. Although we concede that
climate change (which has affected most nations) and variable rain patterns leading to periods
of drought, resulting in water shortages have more or less hindered human development and
poverty reduction; the above statement is, in our opinion, overstated.
A scenario has been mentioned of rural women and girls who have been hit by
HIV/AIDS pandemic and girls not attending school because of lack of sanitation during
menstruation, and these have been linked to insufficient water and sanitation. The
Government is partnering with civil society organizations and independent women support
groups to provide sanitary towels to young school girl. This is meant to curb the number of
girls who miss school during their menstrual cycle; and they are taught of maintenance and
management of hygiene including the disposal of the towels provided. Pertaining to the high
HIV/AIDS prevalence, Government has scaled up its efforts to achieve epidemic control by
2020 as part of initiatives to ensure that eventually Lesotho becomes an HIV free nation.
The report mentions that some of the correctional institutions that were visited
are in line with international standards with regards to water and sanitation. The report
further indicates that it is expectant that other institutions are also at par. It is worth
mentioning that there is a significant number of correctional facilities which have recently
undergone massive renovations with the aim of bringing their conditions up to standard set
by the UN Standard Minimum Rules for the Treatment of Prisoners. Such facilities include
Maseru Central, Leribe, Thaba-Tseka, Mohales’s Hoek and Mafeteng correctional
institutions. There are also professional medical officers who play a significant role in
addressing issues relating health within the facilities. The Government has enacted the
Lesotho Correctional Service Act 2016 which has incorporated most provisions of the UN
Standard Minimum Rules for the Treatment of Prisoners prescribing amongst others,
acceptable conditions of prisons.
The Department of Water Affairs is not responsible for water supply but
supports Water and Sewerage Company (WASCO) and the Department of Rural Water
Supply (DRWS) by providing all data and information on water availability, quality and to
regulate water use.
The Government of Lesotho is obliged to service its loans regardless of the
beneficiary sector. The financial sustainability of the water sector is the responsibility of the
Government through its normal annual budget allocations.
The Government has a non-discriminative comprehensive plan towards
drilling of boreholes for Basotho which is not inclined to any political affiliations.
Some of the issues raised in the report are specific to certain areas of Lesotho
and may not be applicable to the rest of the country. We further note that some of the concerns
need to be substantiated by relevant data to avoid blanket coverage.
3.
Even though economic social and cultural rights are classified as Principles of State
Policy in the Constitution of Lesotho, the Government works tirelessly towards their
fulfilment as they considered essential for the enjoyment of other rights (civil and political
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