Lesotho

16% of girls in Lesotho marry or enter a union before age 18 and 1% marry before age 15.

2% of boys in Lesotho marry before age 18.

Child marriage is driven by gender inequality and the belief that women and girls are somehow inferior to men and boys.

There is very limited information on child marriage in Lesotho, but available information suggest that it is exacerbated:

● Harmful practices: Cultural practices and traditions regarding child marriage often take precedence over formal legislation. According to Women and Law in Southern Africa (WLSA), some girls are being married in customary marriages to their perpetrators in cases of sexual violence, following the payment of the lobola (bride wealth) to the parents.

● Adolescent pregnancy: Between 2015–2020, for girls between the ages of 15–19, the adolescent birth rate in Lesotho was 91 births per 1,000 girls, with 14% of girls giving birth before the age of 18. Culturally, early pregnancy is considered undesirable, leading to girls getting married younger.

Lesotho has committed to ending child, early and forced marriage by 2030 in line with target 5.3 of the Sustainable Development Goals.

As part of its 2019 Voluntary National Review at the High Level Political Forum, Lesotho reported that the country will focus on improving secondary school enrolment for girls and boys through actions such as addressing child marriage and ensuring that girls have access to information and health services. The government also recognised the role of the Ministry of Social Development to sensitise the public about children’s rights, ending child marriage and all forms of abuse.

The government submitted a Voluntary National Review at the 2022 High Level Political Forum. In this review, the government acknowledged that the COVID-19 pandemic set back several efforts that the government has been making to eliminate child marriage. School closures during the pandemic impacted girls’ enrolment rates, especially for girls living in rural areas or living in poverty, who were at risk of adolescent pregnancy and child marriage. The physical and sexual abuse and exploitation of children and child marriage remain one of the biggest challenges for the government. The government noted that data relating to child marriage is scare in Lesotho. However, in collaboration with international organizations, efforts are being made towards the elimination of child marriage.

Lesotho co-sponsored the 2017 UN Human Rights Council resolution on recognising the need to address child, early and forced marriage in humanitarian contexts.

Lesotho co-sponsored the 2016, 2018, 2020 and 2022 UN General Assembly resolutions on child, early and forced marriage. In 2014, Lesotho also signed a joint statement at the Human Rights Council calling for a resolution on child marriage.

Lesotho ratified the Convention on the Rights of the Child in 1992, which the Committee on the Rights of the Child has interpreted to recommend the establishment of a minimum age of marriage of 18, and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1995, which obligates states to ensure free and full consent to marriage.

In 2018, the UN Committee on the Rights of the Child expressed concerns about the high prevalence of child marriage in Lesotho. The Committee urged the country to take measures to put an end to child marriage, including marriages under customary law, and expedite the law reform process to achieve a unified definition of the child and the prohibition of child marriage.

During its 2019 Universal Periodic Review, the government noted the improvements of sensitizing the public on ending child marriage. It also noted that through the Ministry of Social Development, campaigns have been conducted in 39 communities out of 64 councils.

During its 2015 Universal Periodic Review, Lesotho supported recommendations to provide effective institutional mechanisms to prevent child marriage.

In 1999 Lesotho ratified the African Charter on the Rights and Welfare of the Child, including Article 21 regarding the prohibition of child marriage. In 2004 Lesotho ratified the African Charter on Human and People’s Rights on the Rights of Women in Africa, including Article 6 which sets the minimum age for marriage as 18.

In October 2017, Lesotho launched the African Union campaign to end child marriage in Africa.

Lesotho is one of 20 countries which has committed to ending child marriage by the end of 2020 under the Ministerial Commitment on comprehensive sexuality education and sexual and reproductive health services for adolescents and young people in Eastern and Southern Africa.

In 2019, at the Nairobi Summit on ICPD25, the government of Lesotho committed to reduce all forms of violence against women and children by criminalising early and child marriages and harmonising all laws in line with international Conventions.

Lesotho is one of the countries where the U.S. President’s Emergency Plan for AIDS Relief (PEPFAR)/DREAMS Initiative is working to reduce rates of HIV among adolescent girls and young women.

Lesotho is a partner country of the Global Partnership for Education.

In 2019, the government of Lesotho launched the Violence Against Children Survey (VACS) with support from the U.S. Center for Disease Control and Prevention (CDC) and other partners, which will provide robust evidence to inform on the types, scope and drivers of violence against children, including child marriage, and will feed into a response plan.

In 2020, the government launched their first VACS report. The Ministry of Social Development, ICAP at Columbia University, CDC and PEPFAR conducted a national survey to determine the magnitude of violence against children in Lesotho. This study assessed the prevalence and burden of violence against children, including physical, emotional and sexual violence. The study provided stakeholders with an evidence base for policy and programming in order to prevent violence against children and to inform the national child protection system. In the VACS 2018 survey, it was found that 38.5% of girls between the ages of 18-24 years were married or cohabitated as if married, in comparison to 10.2% of boys. In order to address child marriage and violence against children, it was recommended that the government follow the 7 INSPIRE Strategies.

In 2019 the government committed to criminalizing child marriage and all forms of violence against women and girls through an amendment to the Children’s Protection and Welfare Bill.

The GIRL4ce* initiative, is a youth-led movement that aims to raise awareness on child marriage, sexual and gender-based violence. The initiative has been established in 3 districts – Berea, Quthing and Thaba Tseka – where they provide information on laws relating to child marriage, sexual and gender-based violence.

As part of the African Union campaign to end child marriage in Africa, the Ministry of Social Development has conducted campaigns calling for an end to child marriage in 39 community councils out of 64.

World Vision Lesotho, UNICEF, and the Justice Ministry organised a second National Children’s Parliament in January 2017. The shadow parliamentary opposition criticised the government for its failure to enforce laws prohibiting parents and guardians from marrying off their children for money. Deputy Minister of Education, Thabang Kholumo, said that children must be given a chance to develop without being forced into early marriage.

Prime Minister, Tšitso Monokoa, highlighted that the government has done a lot to protect children and their welfare rights, making reference to the Child Protection and Welfare Act 2011, the Marriage Act 1992 and 1974, the Labour Code Act 1992 and the Education Act 2010.

During World Vision’s International Day of the Girl event in 2016, Queen Masenate of Lesotho encouraged those present to stand up to end child marriage.

Under the Marriage Act 1974 the minimum legal age of marriage is 18 years for boys and 16 years for girls.

However, under Article 27 both boys and girls can be married before the ages of 18 and 16 years respectively with the permission of the Minister and with parental consent.

In addition, the Laws of Lerotholi(the codification of the Lesotho’s Customary Law) allows boys and girls to be married as long as they are over puberty age.

Both the Marriage Act 1974 and the Laws of Lerotholiare in contradiction with the Children’s Protection and Welfare Act (CPWA), which makes child marriage a punishable offence.