THE ACCOUNTABILITY & CAPACITY BUILDING INITIATIVE

ACKNOWLEDGEMENT

This report was researched, written, and compiled by Advocate ‘Marealeboha Makau as the lead consultant and Dr. Makhala Khoeli as the subcontracted expert consultant.

Editing and legal review was provided by Mrs. ‘Mamphahama Mosoang.

SM&D would like to acknowledge and thank all the individuals, groups and organisations interviewed during the compilation of this report. In particular, SM&D appreciates and acknowledges the invaluable support of the European Union Delegation in Lesotho for the financial support towards the project.

LIST OF ABBREVIATIONS

CSOs	Civil Society Organisations
FGDs	Focus Group Discussions
IC&D	Inspectorate, Complaints, and Discipline
KAPAL	Key Affected Populations Alliance of Lesotho
KIIs	Key Informant Interviews
LANFOD	Lesotho National Federation of Organisations of the Disabled
LDF	Lesotho Defence Force
LGBTIQ+	Lesbian, Gay, Bisexual, Transgender, Intersex or Questioning
LMPS	Lesotho Mounted Police Service
NSS	National Security Services
NRA	National Reforms Authority
NSS	National Security Services
PCA	Police Complaints Authority
PTC	Police Training College
SADC	Southern African Development Community
SM&D	Sesotho Media & Development
SSR	Security Sector Reforms
UDHR	Universal Declaration of Human Rights

EXECUTIVE SUMMARY

Lesotho is a constitutional monarchy committed to the protection, promotion and fulfilment of human rights. However, Lesotho has consistently faced political instability over the years that negatively affected its human rights record. Nonetheless, the ongoing national reforms, hoped to usher in a peaceful, stable and secure environment denote a commitment by the government and development partners towards stability and development. This study therefore comes against the backdrop of standards proposed by SADC in 2016 for security sector reforms. It is intended to evaluate the the progress/challenges in relation to human rights reforms within the Lesotho Mounted Police Service (LMPS) as a component of the security sector that is recommended to undergo reforms.

The information used in this study was collected through three different methods. The first method is the Sesotho Media and Development (SM&D) facilitated screenings; the second is focus group discussions with communities in the selected villages and the last one is key informant interviews with chiefs, relevant civil society organisations, LMPS, and Police Complaints Authority (PCA). The villages and organisations which participated were identified in consultation with the SM&D.

Members of the community who participated in the focus group discussions reported that they are aware of members of their communities, including themselves, who have experienced some form of violence and harassment by police officers. They cited a number of instances where police officers perpetrated acts of violence, harassment, and bribery on them as well as on other members of the community. Community leaders (chiefs) and representatives of civil society organisations who participated in the key informant interviews also reported that they are aware of instances of police officers brutality, corruption, and violation of human rights against the public as well as of people in different groups of society such as sex workers, LGBTIQ+ and people with disability.

It came out that although there are several options of reporting, which include reporting to the chief, at the police stations, to police officers of higher rank than the perpetrator(s), and/or to the PCA are available, few victims of police officers’ brutality, corruption, and violation of human rights report such acts. Some of the reasons that were cited for not reporting were that people get discouraged to report such acts because police officers do not follow up on reported cases and do not take action against the perpetrators, and lack of clear channels and procedures for reporting police officers who perpetrate such acts.

The participants came up with several suggestions regarding what the authorities should do to ensure that the public is protected by police officers and feel safe in the presence of police officers. These include that the government should enforce hard measures against police officers who are perpetrators of acts of brutality, corruption, and violation of human rights, and frequent community gatherings where authorities in the LMPS and government are made aware of the feelings of the community when it comes to feeling safe in the presence of police officers.

LMPS indicated that though there are no statistics that show the number of reported cases, the public reports police brutality perpetrated against them. However, when it comes to police brutality against people who belong to different groups of society such as sex workers, LGBTIQ+, and people with disability not much is being reported. On the other hand, most people do not report corruption and as a result, a number of corruption cases go unreported. The LMPS indicated that when people report police officers who are perpetrators of brutality, corruption, and violation of human rights, there are actions and measures taken against such officers depending on the magnitude of the case. Such officers get charged, disciplinary action is taken against them and in some instances, they get fired from their jobs.

The PCA reported that they conduct investigations on complaints that are lodged against police officers. Based on the findings from the investigations, they write reports with recommendations, on the action that can be taken against such police officers and these reports are submitted to the Minister of Police. Subsequently, the Minister would decide whether to implement the recommendations from the PCA or not. In other words, the PCA does not have the authority to implement these recommendations. It also came out that the PCA cannot follow up on adherence to the recommendations because currently there are no clear guidelines on how they should do the follow-up, particularly with the office of the minister.

During the SM&D facilitated screenings, sex workers indicated that police officers were not trained on how they should deal with sex workers; specifically, during patrols when they come across sex workers at night while they are at their places of work. Some of the participants felt that LGBTIQ+ persons were treated badly at the police station when they went for services. The general feeling is that police officers who treated these persons badly are immoral and not informed about issues around this community. Hence, they did not understand the LGBTIQ+ community and discriminated against them.

Recommendations

Some of the recommendations that are made on the basis of the findings of this study are:

Chiefs should organise public gatherings where police officers are invited to educate the public about their rights and make them aware that acts of crime are not permitted and once a crime is committed, there are consequences.
Civil society organisations that deal with human rights matters should frequently conduct awareness campaigns to educate the public about all matters relating to human rights (violation and procedures to be followed when such violation occurs).

Other non-governmental organisations (NGOs) need to conduct awareness campaigns where they educate communities like Sesotho Media and Development is already doing.

Community leaders such as chiefs and councillors be trained on the available options so that they will get informed and be able to educate the communities in their areas.
Training of police officers needs to be reviewed so that it will equip them with skills required to deal with vulnerable groups such as sex workers, the LGBTIQ+ community and people with disability.
LGBTIQ+ and sex workers need to be empowered to enable them to be brave enough to go to relevant bodies to report police brutality, corruption, and violation of human rights against them.

PREFACE

The objective of the study is to have a national report that will establish a mechanism to account/measure the progress/challenges specifically in relation to human rights reforms within the LMPS including the contribution of the project to that change. This objective is achieved through collection of sample outputs from the consultative gatherings, evaluation of outcomes directly linked to the project, and weighing this information against the standards proposed by the Southern African Development Community (SADC) in 2016 for security sector reforms.

The purpose of the study report is to support multi-sector participatory change processes leading to the enhancement of the respect, promotion, fulfilment and protection of human rights by LMPS. The research entails collection of sample outputs from the consultative gatherings, evaluation of outcomes directly linked to the project and weighing this information against the standards proposed by SADC in 2016 for Security Sector Reforms. The report findings are presented in two parts: the first part embodies a desktop analysis of the LMPS including its regulatory evolution, operational framework and institutional analysis. The second part is a presentation of the results from consultative gatherings and interviews with the public. In conclusion, the report offers an analysis of the data collected and recommendations are resultantly presented where requisite action is identified.

PART I

1. Introduction

Lesotho is an independent state with a democratically elected government. It enjoys a constitutional monarchy with the King as the head of state who does not actively participate in politics. Lesotho gained independence on the 04 October, 1966 after a crisis phase that lasted from 1966 to 1933 when the British protectorate of the Basutoland formally achieved its independence from the United Kingdom. Upon attaining independence, Lesotho adopted an independence Constitution which entailed provisions regarding the respect and protection of fundamental human rights and freedoms. The Constitution places a responsibility on the state to protect, promote and fulfil the rights and freedoms protected by the Constitution. The state fulfils this mandate through the various arms of government comprised of the legislature, the executive and the judiciary. Within the protection mandate, Lesotho’s security forces consist of the Lesotho Defence Force (LDF) which maintains external security and shares security mandate with the police and national security services; the LMPS which is responsible for internal security and the National Security Services (NSS) which operates as an intelligence service that provides information on possible threats to internal and external security of the country.

The Lesotho 2021 Human Rights Report notes that there have been several reports of members of the LMPS who commit arbitrary and unlawful killings as well as credible reports of torture and cases of cruel, inhuman, or degrading treatment or punishment; harsh and life threatening prison conditions; arbitrary arrests and/ or detention; lack of investigation and accountability for gender-based violence, including but not limited to domestic or intimate partner violence, sexual violence, and the existence of laws criminalising consensual same-sex sexual conduct between adults, although not enforced. Despite efforts by the government and LMPS to reign in these practices within the security sector, it would seem a lot still needs to be done to bridge the gap between the public especially minority groups and the LMPS in this regard.

The overall scope of the research is to;

Establish an understanding of the challenges faced by the LMPS in adhering to constitutional and legislative standards in the conduct of their duties;
Establish, through honest, meaningful and concrete conversations, experiences of service recipients of the LMPS with a view to come up with concrete, practical and innovative ways of strategic intervention and support by relevant stakeholders including the government of Lesotho;
Provide information to be used to support multi-sector participatory change processes leading to the enhancement of the respect, promotion, fulfilment and protection of human rights by LMPS.

It is these findings that will result in preparation of a national report that will enable mechanisms to establish a platform to account and/or measure the progress and challenges in relation to human rights reforms within the LMPS including the contribution of the project to that change. The research findings will give a clear picture of the current situation in relation to human rights standards’ compliance by the LMPS through generating data that will serve as evidence. The data will guide monitoring and evaluation of the project; assess compliance and provide a valuable learning experience for the project as well as its stakeholders. The evidence-based results of the study will be used to measure ongoing progress and impact of the project until the end of the four (4) year period.

2. Limitations and Challenges

Although the intention of the study was to produce a national report that would inform the establishment of evidence-based mechanisms to account and measure the progress and challenges of the LMPS in relation to human rights and engagement with the public towards the achievement of the proposed security sector reforms, it must be pointed out that the coverage of the stakeholder consultations through focus group discussions and key informant interviews was not conducted nationwide. Hence, it is not comprehensively representative of the various sectors of the community and stakeholders. This, therefore, means that the findings cannot be interpreted to reflect a national perspective on the findings.

3. Methodology

The information used in this report consists of three sets of data that was collected using three different methods. The first set is of the data that was gathered from the Sesotho Media and Development (SM&D) facilitated screenings; the second is of the data that was collected through focus group discussions (FGDs) from communities in the four villages and the last set was of the data that was collected through key informants interviews (KIIs). Generally, four FGDs were conducted and nine KIIS were conducted. Out of the nine KIIs, four were conducted with chiefs as community leaders and five with relevant organisations (see Table 1). The FGDs and KIIs were contacted face-to-face by a pair of facilitators and each FGDs and KIIs were recorded and transcribed.

The villages of communities and organisations which participated were identified in consultation with the SM&D. The interview guide that was used to facilitate the FGDs is included as part of the report and the interview guides used for KIIs are presented as annexures of the report. The SM&D facilitated screenings were undertaken in such a way that the audience was given the opportunity to watch films or clips that portray police brutality on different groups of people, which include the general public, sex workers and LGBTIQ+. On the basis of the films and clips, they were then asked to provide their views on police brutality.

Table 1: Stakeholders who Participated in the FGDs and KIIs

Stakeholder

Method of Data Collection

Community at Ha Mapotsane, Mohae’s

Hoek

FGD

Community at Ha Ramabantain Maseru

FGD

Community at Mokoallong in Berea	FGD
Community at Mpharane in Leribe	FGD
Chief at Ha Mapotsane in Mohale’s Hoek	KII
Chief at Ha Ramabanta in Maseru	KII
Chief at Mokoallong in Berea	KII
Chief at Mpharane in Leribe	KII
Key Affected Populations Alliance of Lesotho (KAPAL)	KII
MATRIX	KII
Lesotho National Federation of Organisations of the Disabled (LANFOD)	KII
Media Institute of Southern Africa (MISA)	KII
Lesotho Mounted Police Service (LMPS)	KII
Police Complaint Authority (PCA)	KII

However, before the presentation of results, a brief overview of the LMPS is discussed to provide a context within which the LMPS engages and relates to the public in the discharge of their duties.

4. Overview of the Lesotho Mounted Police Service

The LMPS was initially established under the British Administration in 1872. It was known as the Basutoland Mounted Police. At the time, the duties of the police were mainly to support and protect magistrates and to act as interpreters. In 1878, the police adopted military ranks and structure. In an attempt to adapt to the challenges in fighting crime, the police developed specialised units such as the Special Branch and Signals, the Police Mobile Unit, and the Stock Theft and Criminal Investigation Department. The Police Training College was established in 1946. The police did not adopt civilian ranks until 1958.

When Lesotho attained its independence in 1966, the police force was the main law enforcement agency in the country. The civilian structure was abolished in 1972 and replaced with military ranks and the first black Police Commissioner was appointed. Women were also recruited into the police for the first time. Lesotho experienced de facto one-party authoritarian rule between 1970 and 1986, and military rule between 1986 and 1993. The post 1993 elections democratic rule brought about a few reforms for the police force. The police were moved from the authority of the Ministry of Defence to the Ministry of Home Affairs. The Constitution of 1993 placed the responsibility for law and order with the Lesotho Mounted Police Force per section 147 thereof, which later changed its name to the Lesotho Mounted Police Service. This change brought about many conflicts and political factions within the police force. The ruling party struggled to professionalise the police, and as a result, faced a resistance that saw many clashes between the police and military on how to best re-establish law and order.^[1]A Police mutiny in 1997 forced the government to scrap its confrontational approach toward the police and face the need for reform.

Three main initiatives were introduced to bring about the police reforms. These were the 1997 White Paper on Police Reform; the 1998 Police Service Act (the Act); and the five-year development plan for the LMPS for the period 1998–2003.

[1] Matlosa, K. (2007). ‘Lesotho’. In Cawthra, G., Du Pisani, A., & Omari, A. Security and Democracy in Southern Africa. Johannesburg: Wits University Press IDRC, available online: http://www.idrc.ca/en/ev –132699 –201 –1 DO_TOPIC.html ,

4.1 The White Paper

The White Paper sought to build a professional police service that is able to discharge its law and order functions without political bias and in partnership with all members of the communities. The White Paper expressed a commitment to maintain an effective, efficient and accountable police service, as well as to enhance internal discipline and to build trust and confidence in the police. Its goals were to reduce crime; improve the

police service to the public; and to manage police resources efficiently. It also envisaged an LMPS that would enhance confidence in the rule of law. The White Paper.

stressed the independence of the police and emphasised on a more participatory process of policing. Community policing was introduced; which aimed for a partnership between communities and the police to resolve safety problems.

4.2 The Police Service Act

The introduction of the Police Service Act of No. 7 of 1998 brought about a change of name to the LMPS and a re-civilianisation of the police as it remains the governing law to date. The Act provided the legal framework for reform and a new vision for the police. The police were faced with the challenge of reforming the police force and making them subject to a civilian authority. The Act stipulates that the Police Authority^[1] shall exercise his power under the Act in such a manner and to such extent that it appears to be the best calculated to promote the efficiency and effectiveness of the police service.^[2] The Act further defined the general functions of the police as being to uphold the law, preserve the peace, protect life and property, detect and prevent crime, apprehend offenders, bring offenders to justice, and for associated purposes.^[3]

[1] For purposes of the Act, the Policy Authority refers to the Minister of Police as per section 3(1).

[2] Section 3(5) of the Act

[3] Section 4 of the Act: emphasis added. ⁵Section 21 of the Act

The Act also provided for the establishment of a number of oversight mechanisms for the police: these included the establishment of three new oversight agencies; a police directorate, a police inspectorate (officially the Office of the Inspector of Police⁵) and a Police Complaints Authority. These agencies were under the Ministry of Home Affairs and were meant to be grafted onto the existing command structures of the force creating a new level of control for the civilian government.

4.2.1 The Police Inspectorate

The Inspector of Police was tasked with the responsibility to monitor the effective and efficient functioning of the police and to make recommendations to the minister regarding the performance of the police. The inspectorate was to be separate from the

[1] For purposes of the Act, the Policy Authority refers to the Minister of Police as per section 3(1).

[1] Section 3(5) of the Act

[1] Section 4 of the Act: emphasis added. ⁵Section 21 of the Act

police, functioning as a self-contained unit within Home Affairs and reporting directly to the minister. The inspectorate’s role was to monitor the progress and implementation of the commissioner’s annual policing plan. The agency would have advisory authority and could make recommendations to the minister but would not have the ability to change police procedures.

4.2.2 Police Directorate

A civilian Directorate of Policing was tasked with overseeing the police and introducing standards of control. The directorate’s sole aim was to ensure the smooth processing of all administrative issues associated with police functions such as human resource management. The agency would also ensure that the administrative side of the police functioned appropriately and according to established standards.

4.2.3 Police Complaints Authority

Of the three agencies, the PCA became the most well-known. This is because it created a platform for public engagement with the police albeit the challenges which have led to the ultimate need for establishment of the office of the Inspectorate, Complaints, and Discipline (IC&D)by the Commissioner of Police to complement the work of the PCA; which reports directly to him.

The PCA was established by section 22 of the Police Service Act 1998. It comprises of four members to wit: the Chairperson, and at least three other members. The members are appointed by the minister of Police in terms of section 3 (1) of the Act. They are appointed on such terms and conditions as he may prescribe. The PCA’s responsibility is to investigate and make a report to the Police Authority on complaints referred to it by the Police Authority or the Commissioner, which complaint comes from a member of the public about the conduct of a member of the Police Service. The PCA is supposed to be sufficiently staffed to enable it to effectively carry out its functions.

The powers of the PCA include the power to summon persons before it to give evidence or to produce documents and any person who fails to comply with such summons shall be liable to a fine of M500. However, the summons shall be issued, subject to the Commissioner having consulted the Police Authority, and certifying that disclosure of the information sought would not be against the public interest or would not jeopardize the safety of any person.

4.2.3.1 Limitations of the PCA

According to reports on the success of the PCA in executing its mandate, lack and lax political will to ensure that the Authority is operational has been one of the greatest obstructions of the objectives set out by the establishing Act. For instance, in 2012 during a human rights promotion mission by the LMPS, the then Chairperson of the PCA reported that after the departure of the last member of the Authority, the PCA had been operating without a governance structure and that its decisions were therefore unlawful and could be challenged in court. The situation had been reported to the then new Minister of Police and Public Safety (Minister of Police), but the appointment process was yet to be initiated. This process was also affected by the change in the administration of the entire Police service as it initially fell under the Ministry of Home Affairs but after elections had been assigned under the Ministry of Police.

The Authority as it is, is a civilian structure responsible for investigating complaints of police misconduct from members of the public. The cases include police brutality, which usually occurs during crime investigations, in places of detention and during interrogation of suspects. It is trite that the PCA cannot receive complaints directly from members of the public. It operates on a referral system with cases that are referred to it by the Minister or Commissioner of Police. This is one other hindrance that renders the PCA ineffective. To address this problem, the PCA took it upon itself to develop a system which has also proven ineffective as will be seen further into the study in terms of which they accept cases directly from the public, refer them to the Minister who must then refer them back to the PCA.

After an investigation, the PCA submits a report with recommendations to the Minister of Police who has the power to implement these recommendations. The Authority’s lack of power to enforce its recommendations affects its credibility and renders it as yet another proverbial toothless bulldog. It was accurately observed in African Policing Civilian Oversight Forum (2011) The Police as Friend and Helper to the People^[1] that the PCA also does not have administrative tools such as a whistle blowing policy in place to protect whistle blowers. This makes it difficult for police officers amongst themselves to report cases of corruption and other human rights infractions against their colleagues or superiors for fear of victimization.

Despite the aforementioned laments of what seemed to be hindrances to the PCA’s effectiveness more than 5 years ago, it would appear that the PCA’s challenges still remain unchanged. The 2021 Human Rights report still notes that the PCA was ineffective because it lacked authority to fulfill its mandate as it could only investigate cases referred to it by the Police Commissioner or Minister for Police and could act on public complaints only with their approval. The PCA also lacked authority to refer cases directly to the Prosecutor’s Office.

During a newspaper interview which was conducted in 2018,^[2] the Authority’s Chairperson Mahlape Morai, indicated that the law has tied their hands so tight that they were not free to conduct investigations even when there is an urgent need. She went on further to say that the Authority was doing what the law said they must do. In one incident concerning police brutality in one village, the PCA visited the affected community to conduct an awareness campaign and took statements from residents

[1] Amanda Dissel et al, ‘The Police as Friend and Helper to the People: Assessing the Lesotho Mounted Police Service performance in terms of the Southern African Police Chiefs Cooperation Organization (SARPCCO)Code of Conduct’. African Policing Civilian Oversight Forum and Transformation Resource Centre (2011) www.apcof.org at page 30

[2] Sunday Express newspaper issue of November 2018: available at https://lestimes.com/the –law –has –tied –our hands Accessed on 18 February, 2023. See also: ‘Police Complaints Authority To Be Disbanded’ Published on 20 November2018: available on https://sundayexpress.co.ls/police –complaints –authority –to –be –disbanded/

[1] Sunday Express newspaper issue of November 2018: available at https://lestimes.com/the –law –has –tied –our hands Accessed on 18 February, 2023. See also: ‘Police Complaints Authority To Be Disbanded’ Published on 20 November2018: available on https://sundayexpress.co.ls/police –complaints –authority –to –be –disbanded/

who even issued their medical booklets that confirmed the assaults by the Police. The PCA then sought the minister’s referral; however, it was delayed.

According to the 2021 Human Rights report, it would appear that the police have discovered another avenue through which to deal with police infringements of human rights. Following an incident whereby Police trainees were seen to be beating civilians for failure to wear their masks in a video disseminated through social media, the police appealed to victims of abuse to report such incidents to the Office of the Inspectorate, Complaints, and Discipline at police headquarters, which, as previously noted, was established under the auspices of the Police Commissioner to complement the work of the PCA.

Although the new police law provided for the creation of all three agencies, only the directorate was immediately established. Those involved saw the utility of a dedicated administrative unit so that police demands would not be lumped in with the rest of the Home Affairs workload. The inspectorate and the complaints agency were set up in 2005, seven years after the enabling law was passed.

A lot of publicity endeavours need to be made to raise awareness of the oversight mechanism by the PCA and IC&D that “police the police”. These efforts will correct the rampant perception that nothing is being done to hold the police accountable for their behaviour or their performance as this is not entirely accurate. As already stated, there is a dedicated Inspectorate of Police, a Police Complaints Authority, and a Directorate of Police. There are also Prosecution and Presiding Officers to handle internal LMPS discipline.

The United Nations Development Program (UNDP) Lesotho, under the auspices of the Security Sector Reforms, undertook the initiative to support Police Inspectorate as a civilian police oversight body in January 2023. In an effort to inform various stakeholders about its mandate, objectives and activities and to also explore various areas through which it can collaborate with wider society to improve its role of holding the LMPS accountable, the Lesotho Police Inspectorate held a two-day outreach workshop for media representatives and civil society organization. The workshop was also meant to provide the public with some oversight of Lesotho’s police monitoring processes and the organisations that “police the police”, and how to contact them. The Police Inspectorate representative speaking at the workshop indicated inter alia, that they are facing a lot of challenges which include an acute lack of resources hence many policing areas are not covered during the inspections process.^[1] Further that there is no direct operational and administrative link since the Principal Secretary (PS) of police has no direct operational and administrative linkage with the office of the inspector of police but controls operational resources. Another seemingly pressing issue is that there is also a conflict of interest since the police inspectorate and LMPS report to the same police authority.^[2] The workshop was hosted by UNDP Lesotho in collaboration with Skillshare Lesotho.

[1] ‘PS of police has no direct operational and administrative linkage with the office of the inspector of police…’

Motlepu (lesothotribune.co.ls) Accessed on 22 March 2023

[2] As above

4.3 The Five-year Development Plan

The third initiative introduced brought about the police reforms through a development plan for the LMPS for a period of five years spanning from 1998–2003. The development plan encompassed, inter alia, the adoption of policy frameworks, legislation amendment, strategic plans and it was from these that the LMPS crafted its objectives and mission statements that would go beyond the development plan period to present day.

4.3.1 LMPS Policy Framework

The 2002 elections saw the country achieve some degree of political stability, and police-reform efforts were revived. In 2004, the government convened a new policereform committee.^[1] Their responsibility was to review the police service and

[1] The committee consisted of high level police officers from Botswana, Mozambique, Zimbabwe and South Africa, with technical assistance from a new British adviser, Anthony Howlett-Bolton. The committee also consisted of the Principal Secretary for Home Affairs, the Attorney General, the Commissioner of Police, the Commander of the Lesotho Defence Force, the Director of the National Security Service and the Principal Secretary for Public Service.

[1] ‘PS of police has no direct operational and administrative linkage with the office of the inspector of police…’

Motlepu (lesothotribune.co.ls) Accessed on 22 March 2023

[1] As above

develop a new strategic direction for the force. The review was conducted to assist in the

process of restructuring and professionalising the police which entailed a review of the Constitution, legislation, strategic and development plans of the LMPS.

Strategic documents, though not holding the same weight or authority as statute, define how the LMPS is to operate. The LMPS developed a Strategic Plan for 2010– 2013 which was linked to the goals set out in the National Development Strategies, as articulated in the National Vision 2020, the Poverty Reduction Strategy and the Public Service Delivery Agenda. The LMPS Strategic Plan described the vision of the LMPS as follows:

“By 2016, the Lesotho Mounted Police Service shall be a professional and accountable police service, providing safety and security in partnership with the community with particular emphasis on crime prevention, reduction and detection”.

Recognising several limitations, the Strategic Plan outlined various strategic aims. Those were to upgrade training programmes; internal capacity building; transformation and restructuring of the LMPS; construction of a new Police Training College; building a police service; individuals and communities committed to be core participants in crime protection strategies and peace-building; and reduction of HIV infection in the public sector.

The LMPS mission also recognised the need to uphold human rights principles. It reads as thus:

“We are committed to providing safety and security to all. In partnership with the community and other stakeholders, we prevent crime, reduce crime, disorder, fear of crime and enhance the rule of law, whilst respecting and protecting the human rights of all as fundamental to a professional police service. Both the vision and mission have been diversified to incorporate new innovations such as human rights, partnership with the community and other stakeholders and these innovations accord well with the democratic centralism principle of community participation and consultation in developing strategic management and prevention of crime and its vestiges”.

The Strategic Plan outlined strategies that were meant to define the future direction of LMPS, and aligned the LMPS to the external environment within which it operates. The plan emphasised on professionalising the police service to ensure compliance with international standards and striving towards serving every individual impartially. The strategy aimed to help build the relationship between the public and the police with a view to empower local communities to actively participate in the activities of selfpolicing to maintain peace and security and to protect themselves.

The question is whether the LMPS achieved what it has set out to do through the above ideologies of strategic goals, objectives and commitments, or if they were just to pay lip-service. This is addressed in the discussion hereunder.

5. The success of the Police Reforms

To properly investigate the success of the reforms, we must not only look at the set goals and strategies in isolation but against the international standards that Lesotho undertook to adhere to international standards.

5.1 International legal framework

Lesotho has ratified several of the key international instruments on human rights. Foremost among these is the International Bill of Human Rights, consisting of the Universal Declaration of Human Rights (UDHR), which sets out the general principles and standards on human rights; the International Covenant on Civil and Political Rights (ICCPR); and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These three instruments form the basis of our understanding of human rights, and seek to ensure the fundamental rights of dignity, equality, the right to life, liberty, and security of the person, among others. International law prohibits torture and other cruel, inhuman and degrading treatment or punishment. Many of these rights are directly affected by actions of law enforcement authorities, hence the spotlight on them when assessing the performance of the police.

The fundamental rights expressed in the International Bill of Rights are further amplified in successive treaties, declarations, conventions and principles that have been developed under the auspices of the United Nations (UN), its agencies and regional bodies. They outline responsibilities for each state party in respect of these rights. Those which are relevant to policing include but are not limited to: the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or

Punishment (CAT);^[1] the Convention on the Rights of the Child (CRC);^[2] the Convention against Corruption (CAC);^[3] the Convention on the Elimination of all Forms of Racial Discrimination (CERD);^[4] the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW);^[5] the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families (CMW);^[6] the Convention for the Protection of all Persons from Enforced

Disappearances (CED);^[7] and the Convention on the Rights of Persons with Disabilities (CPRD).^[8]

Conventions are binding on state parties, and also have the force of law even to nonmember states where they embody principles of customary international law. Even though protocols and guidelines are not binding even on state parties, they still have persuasive value.

[1] Ratified by Lesotho in 2001

[2] Singed in 1990 and ratified in 1992

[3] Signed on the 16 September 2005 and ratified on the same date

[4] Ratified in 1971

[5] Singed in 1980 and ratified in 1995

[6] Signed in 2004 and ratified in 2005

[7] Signed in 2010 and ratified in 2013

[8] Ratified in 2008

[1] Ratified by Lesotho in 2001

[1] Singed in 1990 and ratified in 1992

[1] Signed on the 16 September 2005 and ratified on the same date

[1] Ratified in 1971

[1] Singed in 1980 and ratified in 1995

[1] Signed in 2004 and ratified in 2005

[1] Signed in 2010 and ratified in 2013

[1] Ratified in 2008

The following are relevant to the police: the Code of Conduct for Law Enforcement Officials^[1] which provides that those who exercise police powers shall respect and protect human dignity and uphold human rights of all persons; the Basic

Principles on the Use of Force and Firearms by Law Enforcement Officials which states that law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms;^[2] the

Standard Minimum Rules (SMRs) for the Treatment of Prisoners: although not legally binding, the SMRs provide guidelines for citizens held in prisons and other forms of detention. The basic principle described in the SMRs is that “there shall be no discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”.^[3] The Basic Principles for the Treatment of Prisoners provides that all prisoners shall be treated with the respect due to their inherent dignity and value as human beings;^[4] the Body of Principles for the Protection of all Persons under any form of Detention or Imprisonment also provide that no person under any form of detention or imprisonment shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.^[5] The UN Standard Minimum Rules for Non-Custodial Measures (the Tokyo Rules) outlines standards in respect of individuals in conflict with the law but who are not in custody. Standards governing the treatment of children in conflict with the law include: the Standard Minimum Rules for the Administration of Juvenile Justice (also known as the Beijing Rules)^[6] and the Rules for the Protection of Juveniles Deprived of their Liberty.

[1] Adopted by the United Nations General Assembly in December 1979

[2] Adopted on 7 September 1990 by the eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990.

[3] First adopted on 30 August 1955 during a UN Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva, and approved by the Economic and Social Council in resolutions of 31 July 1957 and 13 May 1977

[4] Adopted 14 December 1990 by General Assembly resolution 45/111

[5] Adopted 09 December 1988 by General Assembly Resolution 43/173

[6] Approved on 6 September 1985 by the Seventh Congress, which recommended them to the General

Assembly for adoption by the UN National General Assembly Resolution 40/33 on the 29 November 1985 ²⁵Ratified 10 February 1992

[1] Adopted by the United Nations General Assembly in December 1979

[1] Adopted on 7 September 1990 by the eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990.

[1] First adopted on 30 August 1955 during a UN Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva, and approved by the Economic and Social Council in resolutions of 31 July 1957 and 13 May 1977

[1] Adopted 14 December 1990 by General Assembly resolution 45/111

[1] Adopted 09 December 1988 by General Assembly Resolution 43/173

[1] Approved on 6 September 1985 by the Seventh Congress, which recommended them to the General

Assembly for adoption by the UN National General Assembly Resolution 40/33 on the 29 November 1985 ²⁵Ratified 10 February 1992

At the regional level, the African Charter on Human and Peoples’ Rights is the main source of human rights protection within the region.²⁵ Other instruments include the African Union Convention on Preventing and Combating Corruption;^[1] the Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (also known as the Robben Island

Guidelines);^[2] and the Principles and Guidelines on the Right to a Fair Trial and Legal

Assistance in Africa.^[3] The Southern African Development Community (SADC) also has a range of human rights instruments to guide states in the sub-region.^[4]

Lesotho is also a member of the Southern African Regional Police Chiefs Cooperation Organisation (SARPCCO) which was established in 1995 in order to foster better cooperation and mutual assistance between police agencies in Southern Africa.^[5] The objectives of this organisation are to promote and strengthen cooperation in the region, and to make recommendations to the governments of member countries in regard to training, policing strategies and policing performance requirements.^[6] SARPCCO recognised the observance of human rights as one of its central operating principles and, following a workshop in Botswana in 2000, developed a Code of Conduct. This was adopted by the Council of Police Chiefs sitting at the 6th General Assembly in Mauritius in 2001. SARPCCO Code of Conduct for Police Officials is a set of minimum professional standards for police forces and services in the region. The Code of

[1] Adopted on the 11^th July 2003

[2] Adopted on the 23^rd October 2002

[3] Adopted on the 29 May 2003

[4] For example, ‘SADC Protocol on Politics, Defence and Security Cooperation, which provides an institutional framework by which member states coordinate policies and activities in the areas of politics, defence, and security’.

[5] Member countries of SARPCCO are: Angola, Botswana, Lesotho, Malawi, Mauritius, Mozambique, Namibia,

South Africa, Swaziland, Tanzania, Zambia and Zimbabwe

[6] SARPCCO and SAHRIT (2003). SARPCCO Code of Conduct: Human Rights and Policing: Towards Ethical Policing Resource Book. SARPCCO and SAHRIT, at page 19.

[1] Adopted on the 11^th July 2003

[1] Adopted on the 23^rd October 2002

[1] Adopted on the 29 May 2003

[1] For example, ‘SADC Protocol on Politics, Defence and Security Cooperation, which provides an institutional framework by which member states coordinate policies and activities in the areas of politics, defence, and security’.

[1] Member countries of SARPCCO are: Angola, Botswana, Lesotho, Malawi, Mauritius, Mozambique, Namibia,

South Africa, Swaziland, Tanzania, Zambia and Zimbabwe

[1] SARPCCO and SAHRIT (2003). SARPCCO Code of Conduct: Human Rights and Policing: Towards Ethical Policing Resource Book. SARPCCO and SAHRIT, at page 19.

Conduct refers to fundamental human rights principles; accountability and the management of police use of force and police power and acknowledge police responsibilities in protecting and serving members of the public (irrespective of gender, ethnic or religious affiliations) and victims of crime. The Code of Conduct presents a commitment to encouraging ethical and professional policing in the region. Each member country undertook to implement the Code of Conduct nationally. SARPCCO has the responsibility to oversee the dissemination, promotion and implementation of the Code of Conduct, as well as to monitor its implementation.

6. Entrenchment of fundamental rights and their protection

The police service in any country is usually permitted to use ‘reasonable’ force in the execution of their functions and is most likely to be the body responsible for most of the actions outlined above. These provisions are widely framed, and on the one hand allow for the use of lethal force in respect of any ‘violence’, defence of property or the commission of a criminal offence, regardless of the seriousness of the criminal offence or violence perpetrated by the deceased person.

The LMPS has also adopted the United Nations Code of Conduct for Law

Enforcement.^[1] Article 3 thereof provides that law enforcement officials may only use necessary force and to the extent required strictly for the performance of their duties. It is imperative to note that in Lesotho, ratification of the international instruments does not presuppose automatic implementation of the provisions of the Covenant by the courts since it is dualist in respect of international obligations especially where conventions and covenants are not self-executing. To be enforced, they must be transformed into domestic laws by Parliament or into regulations by administrative bodies. To address the challenge of implementing international conventions into

[1] The UN General Assembly adopted the Code of Conduct on the 17/12/1979 under resolution 34/169

domestic law, the Bangalore Principles on the Domestic Application of International Human Rights Norm comes into play.^[1] These principles should be accepted as offering guidelines on the domestic application of international human rights norms. The principles provide that national courts should have general regard to international human rights norms, whether incorporated into domestic law or not to resolve ambiguity in national constitutions and legislations. Nevertheless, in the event of conflict with national law, the latter should take precedence.

As already highlighted in this report, the overarching intent of the Lesotho Mounted Police Service Act 1998 is to the effect that it is the duty of every person confirmed as a police officer to serve the people of Lesotho in that office, diligently, impartially and, with due regard to the Constitution to: a) Preserve the peace and maintain law and

order; b) Prevent all offences against persons or property; c) Detect offences, apprehend offenders and bring them to justice.

[1] It is within the proper nature of the judicial process and well-established judicial functions for national courts to have regard to international obligations which a country undertakes—whether or not they have been incorporated into domestic law—for the purpose of removing ambiguity or uncertainty from national constitutions, legislation or common law.

7. Mechanisms by the LPMS in the fulfillment of its Mission and Objectives

One prudential measure that the LMPS can be seen to take is to ensure that prospective officers are trained on human rights. All police cadets of LMPS are offered a human rights training course; the training is meant to equip these prospective police officers with necessary skills and knowledge in order to detect and refrain from committing human rights violations.^[1] However, the time accorded to the subject is little. The course is structured in such a way that it covers three categories of human rights as provided for in the Lesotho Constitution to wit; first generation rights or civil and political rights; second generation rights or economic, social and cultural rights; and third generation rights or group rights. In addition, the human rights training also covers the responsibility of police officers in dealing with suspected criminals.

[1] See note 5 above at page 11

As mentioned herein above, it has been noted that the LMPS by itself lacks the capacity to conduct human rights training as the offered training is very short, and the materials provided upon request by a researcher constituted only a few pages. In light of this deficiency, external input on human rights training, has been enlisted from human rights lawyers and civil society organisations to partake in the training of new recruits and cadets on human rights issues. Training on legal issues and genderbased violence has been offered to the new recruits by the Federation for Women Lawyers (FIDA) and Women in Law in Southern Africa (WILSA). While this is definitely a positive development to be applauded, the duration of the human rights training course still remains crucial as civil societies on human rights have noted that the duration of the training should be increased to cater for role playing to supplement the training dealing with the legal issues concerning human rights.

8. The standards proposed by SADC in 2016 for Security Sector reforms

SADC has contributed substantially to the implementation of long-recommended reforms for an enduring stability, starting with a military intervention in 1998 following serious post-election violence including mutiny by elements of the LDF; the deployment of the SADC Observer Mission in Lesotho (SOMILES) ahead of the 2015 elections; the appointment of a SADC Commission of Inquiry into insecurity in 2015; the deployment of the SADC Oversight Committee 13 (OC) since 2016; and the SADC Preventive Mission in the Kingdom of Lesotho (SAPMIL) from December 2017. These interventions and other efforts promoted by other international bodies like the UN and the Government of Lesotho were intended to provide a conducive environment for national reforms that will engender long-term stability and sustainable peace.

In June 2016, SADC and the African Union Commission collaborated to provide technical support to the Kingdom of Lesotho by holding of a Technical Workshop on Security Sector Reforms (SSR), as well as preparations of the roadmap for Constitutional Reforms and implementations thereof. The main outcome of the workshop was that there is general agreement among national stakeholders that SSR should be implemented in Lesotho, and that appropriate institutions, resources and legal frameworks should be put in place to ensure successful implementation. Under SADC facilitation, a Memorandum of Agreement on Lesotho reforms process was signed in August 2018, and recommended the establishment of the National Reform Authority, whose role was to coordinate, manage and lead the reforms process. The Peace and Security Council held on 12 October 2018 commanded the leadership of the defence and security services of the Kingdom of Lesotho for the commitment to ensure the successful implementation of security sector reforms and encouraged the defence and security services to remain professional, apolitical, respect the country’s constitution and to submit to civilian authority.

9. Current Situation in Relation to Human Rights Standards by the LMPS

The period between 2019 and 2021 was dominated by national reforms. The government established the multi-stakeholder National Reforms Authority (NRA) to implement reforms of inter alia, the security services, parliament, judiciary, media, civil service, constitution and economy. The reforms were meant to ‘strengthen institutions, ensure the separation of powers, promote meritocracy in the appointment of public officials, and promote transparency and accountability within the public service’.

The Security Sector Workshop on Expenditure Review was held at Molengoane Lodge from the 17 to 21 October, 2022 under the auspices of the Lesotho UN National Security Sector Reforms for Peace building Project (NSSRPP).^[1] The activity was facilitated by NRTO and led by the Security Experts from NRTO and UNDP. The ongoing national reforms process has placed security sector reforms as one of the national priorities in a bid to create a security sector that Basotho can be proud of. It is therefore, useful to study the trends of the country’s security sector in the recent past, with a view to improving the financial efficiency of the security agencies and the respective ministries/departments that are responsible for the various security agencies.

[1] https://www.undp.org/lesotho/speeches/security –sector –expenditure –review –media –conference Accessed on 29 March 2023.

The review examined the budgetary institutions and processes in the security sector of the Kingdom of Lesotho, and the extent to which they promote fiscal discipline, efficiency and effectiveness in the use of financial resources. As one of its deliverables, the NRTO convened a ‘National Stakeholders’ Conference on the

Development of the Lesotho National Security Policy and Strategy’ from the 28 to

30 November 2022 at ‘Manthabiseng Convention Center. The key objective was to improve the effectiveness of the sector by optimising contributions and input from all the security sector actors through centralised policymaking process, with the main expected outcome being the national stakeholders’ consensus on the National Security Policy and Strategy that is responsive to the diverse needs of Basotho.

9.1 The LMPs and the Civil Society Organisation (CSO)

Civil society’s efforts to push democratic transitions and deepen democracy are influenced by the political context in which they operate. According to Selinyane,^[1] in Lesotho, civil society managed to push democratic transition but immediately reverted to political party affiliations just after democratization.

[1] Selinyane N (1997) Civil society, electoral politics and the retrieval of democracy in Lesotho. Lesotho Soc Sci Rev 3(2):27–54

In 2020, following a public call by the European Union seeking to promote human rights and support CSO’s as actors of governance and development; SM&D with their partner SHEHIVE approached the LMPS to discuss the challenge of human rights violations by its members.

The LMPS signed a memorandum of understanding with SM&D and She-Hive

Association to work together in an initiative called ‘the accountability and capacity building initiative by Lesotho civil society organizations in 2021.

[1] Selinyane N (1997) Civil society, electoral politics and the retrieval of democracy in Lesotho. Lesotho Soc Sci Rev 3(2):27–54

The initiative aimed to bring together civil society movements, police and members of the public to ensure that police protect and respect human rights. The 48-month long initiative from 2021 to 2025 under the 11 European Development Fund is to be implemented in six districts of Lesotho. The intervention was sought to address the respect of security sector institutions to the rule of law in Lesotho. The main objective is to support multi-sector participatory change process leading to enhancement of the respect, promotion, fulfilment and protection of human rights by the Lesotho police. The plan to achieve the objective was by creating platforms for meaningful joint consultations linking the public, police and CSOs in identifying and documenting human rights abuse challenges involving LMPS.

The key aim of the project is to encourage the LMPS to use international human rights standards and principles to police effectively and promote practices within the service that are compliant with the principles of human rights. It also aims to break the silence on potential human rights violations in the LMPS and it will help create safe spaces for discussions on these issues. Its objectives also include strengthening the involvement

of the public, marginalised groups and the LMPS in the security sector reforms process. The project will, however, increase the role of local CSOs in the implementation of the security sector recommendations and reforms through raising awareness among policymakers and SADC heads of state on LMPS compliance in human rights.

9.2 The LMPS and Community Leaders

Studies on the role of traditional leaders in post-independence African societies show that they have remained relevant in most countries across the continent. Rather than wither in the face of Africa’s progression toward democracy, traditional leadership has continued to evolve and co-exist alongside modern institutions of governance that are associated with democracy.’³⁷

Afrobarometer survey findings show that traditional leaders continue to enjoy popular support in Lesotho. They are more widely trusted than elected officials, and seen as less prone to corruption. Indeed, a majority of Basotho would favour an even stronger role for traditional leaders, who they say look out for the interests of their communities and work in cooperation, rather than in competition, with elected leaders. These findings suggest that in Lesotho, traditional and modern systems can work in concert for the benefit of ordinary citizens. In this respect, LMPS cooperation and collaboration with traditional leaders can be instrumental in creating a relationship of trust towards protection and promotion of the human rights of grassroots communities.

9.3 LMPS and the Marginalized Groups

Section 4 (1) of the Constitution of Lesotho sets out a vision of equality for all in the country as follows

³⁷ Logan, C. (2008). Traditional leaders in modern Africa: Can democracy and the chief co-exist?

³⁷ Afrobarometer. (2020). Basotho gloomy about the country’s general direction and economy. News release. 30 June.

‘[E]very person in Lesotho is entitled, whatever his race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status to fundamental human rights and freedoms.’^[1]

Although everyone enjoys full citizenship rights, there are still some gaps in the constitutional and legal frameworks, including the attitude of the police in observing the fundamental human rights of the vulnerable groups. The unequal treatment and respect or lack thereof towards the marginalised groups remains alive, despite the sections in the Constitution that affirm equality and non-discrimination.

[1] Constitution of the Kingdom of Lesotho, 1993, section 4 (1).

9.3.1 LGBTIQ+ Community

Lacking legal protection, LGBTQI+ people in Lesotho continue to be victimised in criminal acts. One study showed that transgender and gender-nonconforming people in the country often experience discrimination and violence.^[1] The legal framework for same sex sexual conduct remains restrictive and contradictory. While the Constitution makes provision for a number of rights including the right to equality and freedom from discrimination (Section 18), the right to personal liberty (Section 6), it does not specifically cite sexual orientation and gender identity as a ground for nondiscrimination. Section 187 (5) of the Criminal Procedure and Evidence Act (Act No. 9 of 1981) criminalises same sex conduct, specifically sodomy, between men and allows for arrest without warrant. The Penal Code of 2010 criminalises public indecency and not same sex sexual conduct. Even though this law is in place, the Sexual Offences Act of 2003 legalize sexual act between two consenting adults.

[1] A study commissioned in 2014 by the United Nations Development Program; available on https://planipolis.iiep.unesco.org/sites/default/files/ressources/final_lesotho_high_res_single_pages.pdf Accessed on 06 April, 2023.

The LGBTIQ+ community often find that the authorities discriminate against them; do not treat them with respect, or deny them services entirely. Additionally, the existence of the law coupled with lack of awareness of the exact nature of the law, fosters a climate of fear among LGBTIQ+ persons and fuels stigma and discrimination against

LGBTIQ+ persons. The incorrect belief that sodomy laws extend to criminalise all LGBTIQ+ identities, also prevents LGBTIQ+ persons from reporting cases of violence and discrimination to police for fear that they will face prosecution should they disclose their sexual orientation.

This notwithstanding, Matrix operates freely and has members in all 10 districts. It has reported having a good working relationship with the LMPS. For instance, in December 2015, the brothers of a woman who identified herself as a lesbian forced her out of her home when they discovered her sexual identity. She took the matter to police, who intervened, and the brothers allowed her to return home.⁴⁰

Matrix engaged in public outreach through film screenings, radio programs, public gatherings, and social media. Matrix has in the past organized the International Day against Homophobia and Transphobia march. The march is often attended by hundreds of people mainly family and friends of LGBTIQ+ persons, and is always peaceful and without incident from Lakeside (city outskirts) to Central Park in Maseru. Matrix representatives noted police officers escorting the march were generally supportive, which they attributed to Matrix’s previous outreach efforts to the LMPS. ^[1]

[1] United States Department of State, 2015 Country Reports on Human Rights Practices – Lesotho, 13 April 2016, available at: https://www.refworld.org/docid/57161247e.html Accessed 22 April 2023. ⁴² World Bank, Lesotho Overview, 2021.

9.3.2 Sex Workers

Unemployment among women in Lesotho was at 24.6% in 2021, according to the

World Bank’s development indicators.⁴² In some instances, this has the effect of placing women on the wrong side of the law. As a result of unemployment and deepening poverty, some women in sex work, as a means of earning a living. The Penal Code Act 2010, under section 55 thereof, criminalizes prostitution. Arguably, there is no legislation that directly criminalizes sex work. However, since sex work is

⁴⁰ https://en.wikipedia.org/wiki/LGBT_rights_in_Lesotho Accessed 18 April, 2023.

mostly interpreted as prostitution, the state through its police institutions arbitrarily arrest sex workers without any intention of trial due to lack of supporting laws.

9.3.3 People living with disabilities

People living with disabilities in the country continue to face challenges. The most prevalent forms of disability in Lesotho are visual, hearing, mobility, memory, self-care and communication impairments. These conditions expose them to victimisation by criminals, as well as discrimination, unfair labour practices, etc. The biggest challenge in the country for people living with disabilities is access to justice. The Lesotho judicial

system is not equipped to hear cases involving people with disabilities – there are no special interpreters or psychologists, and the courts are not all wheelchair-friendly, for example.^[1] This means that acts of violence against people living with disabilities often go unpunished, and the law is thus not as effective as it should be and neither are the police equipped with protecting this community.

[1] Lesotho National Federation of Organisations of the Disabled, Access to Justice for People with Disabilities in Lesotho: A Comprehensive Study on Provisions which may be used to Argue for Accommodations for People with Disabilities in the Justice System (Maseru: LNFOD, May 2019).

PART II

10. Presentation of Results

This part of the report presents the results from focus group discussions, key informant interviews and SM&D facilitated screenings, respectively.

10.1 Focus Group Discussions Results

The results from focus group discussions with communities in the four villages as shown in Table 1 give a summary of the proceedings of what actually transpired during the discussions. Nine questions were used as guides for each of the groups (Box 1

Box 1: Focus group Questions

Are you aware of any member of this community, including yourself, who experienced any form of violence by a police officer(s)?
If yes elaborate on what exactly happened.
Are you aware of instances where a police officer(s) asked any member of this community, including yourself, to give them bribes?
If yes, under what circumstances did a police officer(s) ask any member of this community, including yourself, to give them bribes?
Do you remember an instance where any member of this community, including yourself, was harassed by a police officer(s)?
Do people in this community report acts of violence, harassment, and bribery that are perpetrated by police officers?
If yes, did the police officers follow up on such cases and take action against the perpetrators of such acts?
If no, what are the reasons for not reporting acts of violence, harassment, and bribery that are perpetrated by police officers?
What do you think the authorities should do to ensure that the public is protected by police officers and feel safe in the presence of police officers?

The analysis revealed five overarching themes across the four focus group discussions (Box 2). The results are presented under each theme.

Box 2: Focus Groups Themes

People’s Experiences of Violence by Police Officers
Police Asking for Bribes from the Public
Harassment of the Public by Police Officers
Reporting Acts of Violence, Harassment and Bribery
Authorities Ensuring that the Public is Protected by and Feels safe in the Presence of Police Officer

People’s Experiences of Violence by Police Officers

Members of the community who participated in all focus group discussions agreed that they are aware of members of their communities, including themselves, who have experienced some form of violence by police officers. One of the respondents in the focus group discussions (also referred to as participants) acknowledged that they experienced violence by police officers.

Yes, I am a victim.

Another respondent acknowledged that they witnessed an instance where police officers perpetrated violence on other members of the community:

I have seen a situation where police officers beat people badly

The discussions revealed a number of instances in which the public experienced violence by police officers. Participants in all focus groups did not shy away from reporting the instances and elaborating on what happened during these instances. These portray that police officers assault suspects when they arrest them and people are beginning to open up and report the instances. One of the respondents elaborated on the events of the day when they experienced this violence:

Police officers came to my house with guns in search of a knife, when I did not have it they told me to go with them. I asked them where we were going and what was going on and they did not answer me. They accused me and several others of posting threats against police officers on Facebook, even though I do not own a smartphone. They did not seem to understand when we were trying to explain, they beat me so badly that my left ear got blocked. We were also accused of making people uncomfortable in taverns, but there was no evidence of such acts because we were not given answers when we asked questions.

Another participant reporting on their experience of violence by police officers:

More than 15 police officers arrived at my home around 9:00 pm and wanted me to go and show them someone’s house, which I did not even know. I got scared and could not open the door for them, so they ended up throwing stones at my windows until I came out and they dragged me to the other family where they could not find the person they were looking for. I went to the police station to report that incident but other police officers claimed they did not know the police officers who perpetrated the acts of violence. Eventually, there was no action taken and I felt abused by police officers who are supposed to protect me.

One of the participants reported acts of violence perpetrated by police officers on their family member:

During the past years, my brother was arrested because of drinking alcohol in the streets and as family members, we were not informed about the arrest. We found out about the arrest after three days from someone. My brother was brutally abused by police officers and the officers were very rude to family members who went to the police station to find out about the arrest.

Members of the community reported that police officers assault suspects in public. The participant who witnessed violence by police officers elaborated on what he saw:

There were people who were wanted by police officers for questioning because they had stolen, escaped and failed to report themselves at the police station.

Police officers eventually found them and beat them so badly.

Police Asking for Bribes from the Public

Instances of police officers asking for bribery were also reported by victims themselves, family members of the victims and witnesses of such instances. When they were asked if they are aware of an instance where the police officers asked any member of their community, including themselves, to give the officers bribes, some of the respondents agreed that they are aware. One of the respondents who is a taxi driver said:

Yes, police officers always ask me to give them bribes

A number of the participants reported different situations in which police officers ask any member of their community, including themselves, to give the officers bribes. The most commonly reported instances of bribes are of taxi drivers. Although some of the respondents were victims of bribes, it becomes apparent from some of the reported instances that community members do partake in the acts of police officers who ask for bribes by failing to adhere to laws. One of the respondents who is a taxi driver noted:

My taxi gets stopped very often on the road by police officers because they noticed that some of its features do not function. Due to the condition of my taxi, police officers always ask me to give them a bribe of LSL 20 and I give it to them every time they ask for it.

Another participant who is a taxi driver revealed:

Police officers ask for bribes from taxi drivers every day. When taxi drivers tell police officers that they do not have money, police officers have the audacity to go to their taxi and search for money. In the case when a taxi driver does not have money at all, police officers would tell the driver that they owe them and they will ensure that they remind the driver every time they see them.

On the same note another respondent mentioned:

Police officers in this area always ask for bribes. My father transports kids to school and the authorities introduced permits as a requirement for school bus drivers. However, the process of issuing such permits was delayed and the police officers were aware of that delay. They target drivers on the road, stop and asked them to give bribes so that they could let them pass without permits.

Similarly, one of the respondents acknowledged that police officers ask for bribes from taxi drivers:

We normally use public transport and see police officers when they ask for bribes from taxi drivers.

One of the participants reported:

My sister who lives in South Africa forgot to renew the days for staying in South Africa when they expired. Since my sister was ill, she sent a family member to go to the relevant office and ask for an extended period of staying in South Africa. However, the authorities did not extend the period but instead withheld the passport and informed the sent family member that we need to pay R150.00 for the passport to be released.

One participant mentioned:

I had an issue with a family member of a police officer, and this police officer threatened to beat me if I do not give a bribe.

One of the respondents reported:

My wife is a victim of police officers who asked her to give a bribe. Police officers arrived at our shop where my wife works and claimed that the shop does not operate legally, demanded money and my wife paid the money they asked for.

One of the respondents revealed:

Another incident of bribery was when the community killed a person and community members were called to report at the police station. Upon arrival, police officers demanded that the community pays LSL 1500 so that the officers would get them a lawyer. The community paid the required amount but they never had a lawyer and the case was never opened.

Harassment of the Public by Police Officers

Participants revealed that they remember instances where members of their community, including themselves, were harassed by police officers at the police stations. One of the participants noted:

Yes we are aware I was once harassed by police officers

Another participant mentioned that they remember harassment by police officers and elaborated on what happened:

Yes, a family member was in police custody and when we went to see him and bring him food the police accused us of being happy about the act he committed.’

Similarly, one respondent noted:

I have witnessed an act of harassment by a police officer. The police officer had shared a girlfriend with someone and would find ways of harassing the person with words until eventually he found a way to physically harass him.

Another participant reported:

In 2017 my mother lost her money in a taxi and went to report the matter at the police station, only to find that the taxi belongs to one of the police officers at that police station. Police officers disrespected and harassed her verbally, the case disappeared and she never got her money back.

One of the participants mentioned:

On the 22^nd of January 2023 I went to the police station to report theft that occurred at my home. I already knew the suspect and informed police officers but I never got any help because the suspect is from the same area as the police officer to whom I reported their complaint. Police officers told me to go to the suspect’s house and get my stuff by myself.

Reporting Acts of Violence, Harassment and Bribery

When were asked if people in their communities report acts of violence, harassment, and bribery that are perpetrated by police officers. The respondents in three out of four focus groups reported that people do not report such acts. Whereas one respondent in one of the groups acknowledged that people report but not all the time:

Yes, they do report but not always.

When they were asked if police officers follow up on reported police officers’ acts and take action against the perpetrators, one participant responded:

There was no follow-up and no action was taken

Some of the reasons that were cited for not reporting acts of violence, harassment, and bribery that are perpetrated by police officers are as follows:

There are no clear channels for reporting such acts by police officers and hence people are not aware of who to report to.
The reality is the fear that nothing will be done because we are reporting police officers to other police officers.

People fear that they will be harassed by police officers when they report such acts.

In some cases, victims report cases at the police station and police officers do not take action against perpetrators and as a result people got discouraged to report. The feeling of the respondents is that police officers can never betray their own colleagues and take action against them.
Such acts are also not reported to the chief, and the chief is unable to intervene and advise the community to report matters at the police station. vi) The public fears to report because they believe that after reporting police officers they will never get good services from police officers at the police stations.

vii) Police officers always scare the public from reporting acts that are perpetrated by police officers and the public fears that when they report such acts, police officers will consider them as their enemies.

Authorities Ensuring that the Public is Protected by and Feels safe in the Presence of Police Officer

When asked what they think the authorities should do to ensure that the public is protected by police officers and feel safe in the presence of police officers, the participants in the four focus groups came up with a number of suggestions that are outlined as follows:

Allow communities to work with their chiefs and police forums in their community.
Community gatherings should be made often where authorities in the LMPS and government are made aware of the feelings of the community when it comes to feeling safe in the presence of police officers.

There is a feeling that police officers should not work alone when they deal with matters that concern the public. Soldiers should be given a chance to participate in such ways that, people can complain to soldiers when police officers are mistreating them.

Clear channels and procedures of reporting should be available and communities be made aware of them so that when members of such communities are not satisfied with the way police officers handle their cases, they would be in a position to report.
Communities feel that there is a need for regular awareness campaigns by different departments and/or organisations so that in the end they will know exactly where and how to report acts that are perpetrated by police officers.
Authorities should come to the communities to educate them on procedures to follow when their cases are not taken into consideration.

Police should be provided with resources and facilities, which could be used to service and protect the public.
Our government should enforce hard measures on the police officers who are perpetrators of crime, in a similar manner that the rest of the general public is treated.

May be their training approach should be a priority because their approach to us is very different and we not satisfied at all
There should be transparency in cases where police officers are suspects, there should not be favouritism and when police officers are investigated they should be suspended from work.
There should be an alternative office to report police officers and a clear procedure of how to report police officers since we are afraid to go to the same police stations where they work.

10.2 Key Informants Interviews Results

This section of the report presents the results from key informant interviews that were conducted with chiefs, relevant CSOs, LMPS and PCA as presented in Table 1. Generally, the purpose of the KIIs was to gather views of community leaders and relevant stakeholders on the perception of police officers brutality, corruption, and violation of human rights in general.

10.2.1 Community Leaders and Civil society Organisations Interviews Results

The results from KIIs of community leaders, civil society organisations are put under one section because questions on their interview guides were almost the same. The analysis revealed three overarching themes across the four key informants interviews of chiefs as community leaders and civil society organisations (Box 2). The results are presented under each theme.

Box 2: Key Informants Themes

1. Awareness and views on police officers brutality, corruption, and violation of human rights of the public and people of different groups

2. Reporting Police Acts of Violence, Harassment and Bribery

3. Roles of Community Leaders in Strengthening Good Relations Between

Police Officers and the Public, and People of Different Groups

Awareness and views on police officers brutality, corruption, and violation of human rights of the public and people of different groups

Generally, chiefs from the four villages are aware of instances of police officers brutality, corruption, and violation of human rights. Their view is that lately police officers and the community do not have good relations mainly because of the bad conduct of the police officers. Some of the emerging issues are:

Police officers no longer report to the chief when they arrive in a village to arrest a suspect.
The chief would always get reports that police officers are aggressive and kick doors when they get to the suspect’s home, they do not produce their identity documents and warrants of arrest, and they arrest suspects without giving reasons for an arrest.

Police officers brutally abuse community members and some of them abuse their power and have love affairs with the wives of some community.

One of the concerns is that in most cases police officers do not see eye to eye with the community and as a result, people usually die in the hands of police officers. One of the chiefs commented:

We are aware that police officers perpetrate these acts on people with disability as well. On the other hand, people do not want to be policed and sometimes they talk badly about the officers and the services that they offer to the public.

There was a feeling that police officers who do not do their job properly are corrupt, which could be by way of accepting bribes or not fully carrying out justice.

All the civil society organisations that participated in the key informants interviews acknowledged that they are aware of instances of police officers brutality, corruption, and violation of human rights of the general public as well as of people in different groups of society such as sex workers, LGBTIQ+ and people with disability. These CSOs include; the Key Affected Populations Alliance of Lesotho (KAPAL), the Lesotho National Federation of Organisations of the Disabled (LNFODT), MATRIX (the CSO that deals with matters of the LGBTIQ+ community), and the Lesotho chapter of Media

Institute of Southern Africa (MISA). The view of KAPAL on police officers’ acts of brutality, corruption, and violation of human rights of sex workers is:

Due to lack of laws that support sex work, there is no accountability in this regard, so it becomes easy for police officers to abuse sex workers as they wish.

LNFOD reported that there is too much police brutality, corruption and violation of human rights going on in this country. When it comes to police officers perpetrating such acts on the LGBTIQ+ community, MATRIX mentioned:

As an organisation, we are not satisfied with the unacceptable acts of police officers toward the LGBTIQ+ community. These acts could be concerning the laws that they apply to this community.

Media practitioners are not an exception because they are victims of police officers acts of brutality, corruption, and violation of human rights, MISA Lesotho reported:

The media is also affected by police officers’ brutality, corruption and violation of human rights because media practitioners themselves have been victims of police brutality and harassment. There have been instances where journalists were arrested and tortured by the police for unknown reasons but they were never taken to courts of law. In some instances, police officers pose threats to journalists when they do their job, breaking into a radio station and harassing a reporter regarding the report made on air.

They further indicated that oftentimes, in particular ahead of elections, police officers become hostile to media practitioners in the sense that they would arrest and assault them. MISA Lesotho is concerned that a number of police officers are not professional and the number of arrests done without official charges is astronomical.

Reporting Police Acts of Violence, Harassment and Bribery

According to the chiefs, options that are available to victims of police officers’ brutality, corruption, and violation of human rights include reporting to the chief and community policing forums or at the police stations to police officers of higher rank than the perpetrator(s) and/or to the Police Complaint Authority (PCA), which was echoed by KAPAL. However, the problem is that the PCA office exists only in Maseru. In addition, KAPAL indicated that another option could be:

People should report police officers who perpetrate such acts to other police officers in the Child and Gender Protection Unit (CGPU).

One of the chiefs noted:

Some of the victims of such acts of police officers are aware of the existing options for reporting but most of the time they do not report police officers who perpetrate such acts.

Other chiefs mentioned that they are aware of instances where people reported such police officers but they do not know if there is action taken against such officers. KAPAL reported that apparently, police officers are aware that it is not easy for sex workers to report police officers who perpetrated such acts on them. KAPAL further mentioned:

Even in cases where sex workers reported police officers who perpetrate such acts, at the police station, there is no action taken against them. Instead, their colleagues would tell victims that they will talk to perpetrators and it ends there. Sex workers feel that going to the police stations frequently to follow up on these cases is traumatising.

According to LANFOD, in the majority of cases the public does not know where to ask for help when police officers perpetrate acts of brutality, corruption and violation of human rights on them. This is mainly because there are no clear guidelines that the public can follow to report such cases. LANFOD noted:

Though there the PCA exists, most of the ordinary people do not know how to access it. Even for people who know how to access the authority, it is not easy to access it because cases would only be reported to the authority after the police commissioner has given authorization.

According to the federation, there are challenges that are faced by the public regarding reporting police officers who are perpetrators of such acts to the PCA:

The PCA is not independent of the LMPS and it is found in Maseru only. People in the districts have to come to Maseru at a cost to report cases.

Police brutality, corruption and violation of human rights seem to be rife but the country has limited capacity to deal with such cases. The only option that seems to be available for the public is to go through courts of law. MISA Lesotho commented:

We are aware of instances where people reported police officers who are perpetrators of such acts and there are law suits brought before the courts of law against such police officers.

In cases where some of the people are not aware of the options available to help them when police officers perpetrate any of such acts on them, interviewed chiefs and CSOs had the following suggestions:

Community meetings are essential to make the public aware of the ways in which they can facilitate that action be taken against police officers who are perpetrators.
Perhaps police officers need to hold public gatherings for the general public frequently to make them aware of their rights and responsibilities.

Other nongovernmental organisations (NGOs) need to conduct awareness campaigns where they educate communities like Sesotho Media and Development is already doing.
Civil society organisations that deal with human rights matters could often conduct awareness campaigns for the public to make them aware of instances when their human rights are violated and procedures they should follow when such violation occurs.
Community leaders such as chiefs and councillors be trained on the available options so that they will get informed and be able to educate the communities in their areas.

Social media platforms could also be used to make the public aware of options available to help them when police officers perpetrate such acts on them.

Roles of Community Leaders in Strengthening Good Relations Between Police Officers and the Public, and People of Different Groups

When it comes to the best way for the country to deal with issues of police officers brutality, corruption, and violation of human rights, some of the interviewed stakeholders suggested that:

Police officers should go back to old ways of working together with the chiefs in the villages.
There should be clear laws that could be used on police officers who commit such crimes.

There is a need for awareness campaigns where the public will be educated on procedures that police officers should follow during arrests so that they know exactly what their human rights are and what to do once these rights are violated.

There is a need for civil societies or independent bodies where the public can report police officers who perpetrate without fear.
The authorities in this country need to consider establishing an independent office that will focus on and be responsible for police officers’ brutality, corruption and violation of human rights.
There is a need for a decentralised oversight office that comprises civil societies. This office should be in every community council and be empowered in such that it enables the public to report police officers who perpetrate such acts.

The authorities should facilitate law enforcement that will ensure that police officers uphold the laws of this country.
Since there are no governing rules when it comes to sex workers, the authorities should consider strengthening institutions that enforce accountability. Such institutions should be well known and the role that they play when it comes to human rights should be clearly specified.

Private prosecution be initiated in a case where there seems to be a gap between police officers and courts of law.
The training of police officers needs to be reviewed because their behaviour indicates that something is extremely wrong on how police officers are being trained. This review has to be a collective and consultative exercise that should involve a number of stakeholders, not the LMPS only.
Capacity building in the form of training workshops, and refresher courses to remind police officers that their work is to bring law and order in communities, as well as to investigate wrong doing are critical. In addition, they should be reminded that violence and violation of human rights are outside their scope of work.

Some of the roles of the chiefs as community leaders and CSOs in strengthening good relations between police officers and the public in general as well as between police officers and different groups of society such as sex workers, LGBTIQ+ and people with disability that were mentioned by the respondents are:

In cases where community members are aware of members who are suspected to have committed crimes they should bring such members to the chief and the chief should call police officers to hand over the suspects, in that way acts of police officers brutality, corruption, and violation of human rights could be prevented.
The chief should organise public gatherings where police officers are invited to educate the public about their rights, ensure that people are aware that acts of crime are not permitted and that once a crime is committed there are consequences.

One of the chiefs revealed that they have already started working with police officers in the CGPU. Every first Monday of the month they hold a meeting, at the office of the head chief, with all village chiefs and the police officers in the CGPU to discuss the matters of the community as well as services that police officers offer to the public, and subsequently communicate all the information to members of the community.

Another chief remarked:

It becomes difficult for them to assume any role as community leaders in strengthening good relations between police officers and the public in general as well as people in different groups of society because sometimes as chiefs they are aware of instances of brutality, corruption and violation of human rights in their community, but such instances do not get to be reported to them formally.

Although KAPAL indicated that due to the organisation limited capacity, it becomes difficult to strengthen good relations between police officers and sex workers, they mentioned:

We have regular village visits where we sensitise communities about sex workers to make people aware that they exist in the country and are human beings like everyone else. However, they face a challenge when they want to educate police officers about sex workers because there are laws that are against sex work and the authority in the LMPS is not interested hence it becomes impossible.

In one instance KAPAL visited one of the police stations and they were surprised to learn that police officers themselves are not aware that there are laws that are against sex work. KAPAL commented:

Police officers harass sex workers because they find them on the streets and some of them are clients of sex workers, not because they apply any laws.

The role of the media is to empower citizens of this country on daily basis such that they become aware of procedures to follow when they are subjected to police officers acts of brutality, corruption, and violation of human rights. In addition, the media has to hold those in power accountable for such acts of police officcers. According to MISA Lesotho:

The role of the media is to be a watch dog of those who are in power and hold them accountable. When the media operates as a mouth piece for the government, things go wrong. Hence the media owes its loyalty to the citizens and hence they should be independent of politics.

10.2.2 Lesotho Mounted Police and Police Complaint Authority Interviews Results

This section presents results from proceedings of key informants interviews of Lesotho Mounted Police and Police Complaint Authority respectively.

The Lesotho Mounted Police indicated that though there are no statistics that show the number of reported cases, the public reports police brutality perpetrated against them. However, when it comes to police brutality against people who belong to different groups of society such as sex workers, LGBTIQ+, and people with disability not much is being reported. On the other hand, most people do not report corruption and as result, a number of corruption cases go unreported. People claim that they are busy to go to police stations to report police officers’ corruption. Instead, they would gladly give police officers bribe in the form of money rather than reporting them. On the contrary, police officers violation of human rights is commonly reported.

According to the LMPS when people report police officers who are perpetrators of brutality, corruption, and violation of human rights, there are actions and measures taken against such officers depending on the magnitude of the case. Such officers get charged, disciplinary action is taken against them and in some instances they get fired from their jobs. On the issue of police officers making the public aware of procedures they have to follow when they experience brutality, corruption, and violation of human rights perpetrated by police officers, it was indicated that police officers often undertake awareness campaigns on radio and TV as well as during community gatherings. In addition, during community gatherings, the officers educate the community about what constitutes unlawful acts of police officers.

When it comes to the training of police officers on how they should deal with sex workers, LGBTIQ+, and people with disability, it was mentioned that police officers have started attending training that deals in particular with matters that concern people with disability. Already there is a desk where people with disability are met halfway and some police officers have already started learning sign language. However, there is no training that equips police officers with the skills they require to deal with sex workers and LGBTIQ+.

The Police Complaint Authority indicated that they do get complaints against police officers who are perpetrators of brutality, corruption, and violation of human rights. These complaints are mostly from members of the public as individuals as well as members of affected families, whereby a member of a family was a suspect, got arrested and in the process, they were assaulted, harassed and some ended up losing their lives in the hands of police officers. However, the PCA indicated that they rarely get complaints from the LGBTIQ+ and sex workers.

The PCA does conduct investigations on complaints that are lodged against police officers. On the basis of the findings from the investigations, they write reports, with recommendations, on the action that can be taken against such police officers and these reports are submitted to the Minister of Police. Subsequently, the Minister would decide on whether to implement the recommendations from the PCA or not. In other words, the PCA does not have authority to implement these recommendations. It also came out that the PCA cannot follow up on adherence with the recommendations because currently there are no clear guidelines on how they should do the follow up, particularly with the office of the minister.

Regarding awareness campaigns to make the public aware of the role of the PCA and the procedure they have to follow to present their complaints to the authority when they experience brutality, corruption, and violation of human rights perpetrated by police officers, the authority indicated that it has not been engaging with the public for the past two to three years due to lack of funding. It came out that lack of funding is a big problem because it hinders the authority’s work in general including the investigations. The authority mentioned that in their previous awareness campaigns the public recommended a number of changes to the authority in order to improve on the services it offers. Some of the issues raised by the public were:

People do not want to go through the minister or the commissioner to get to the PCA, meaning they would want to go directly to the authority to lodge their complaints.
They did not understand the reason why the authority was made of only the chairperson and other three members who are selected by the commissioner with terms and conditions that are not known.

Another issue was of the chairperson who was a police officer for eight successive years. The public felt that it is not in order for the authority to have members who are police officers because they do not trust that they would do justice to complaints that concern other police offices.

The authority revealed that none of these issues were attended to and the authority was hoping that the reforms would solve some of the problems that they face but so far nothing has been done.

10.3 Results from SM&D Facilitated Screening

This section of the report presents the results from the SM&D facilitated screenings.

Some of the screenings were facilitated in collaboration with the She-Hive Association.

10.3.1 Police Brutality against Sex Workers

Sex workers watched a clip where a sex worker shared her story on Police Brutality and the services they get from police stations. She reported that she was abused while she was at her work. She reported the case at a police station but her case was not attended to. After watching the clip, sex workers shared the challenges they are faced with and the nature of police brutality and the violation of human rights they experience.

Sews of sex workers

Police officers have not been trained on how they should deal with sex workers. Specifically, during patrols when they come across sex workers at night while they are at their workplaces. Sex workers indicated that they do this type of work because they did not get the opportunity to go to school and as a result they are not employed. However, police officers beat them for unknown reasons. They mentioned that in some cases they are taken to a police station to be sexually abused by police officers. One of them reported that she was once sexually abused by a police officer and reported the matter at a police station but there was no action taken against the perpetrator. Their feeling is that if sex work is a crime, they have to hold accountable through courts of law. In some cases police officer steal their money. There are cases when sex workers come across civilians who pretend to police officers and these people abuse sex workers under the pretext that they are police officers. One of the sex workers view is that they wish the Prime Minister could declare sex work legal so that they work freely without fear of being harassed by police officers and people who pretend to be police officers.

Sex workers indicated that there is no law in Lesotho that says commercial sex is illegal and they consider the case of police officers who beat sex workers when they see them at their place of work similar to the case of community policing forums who try to control crime without the knowledge of how they should deal with suspects. They end up beating up suspects and committing a crime (assault). Sex workers feel that they are discriminated against and judged by some community members who do not see anything wrong when they are beaten for no reason by police officers.

It came out that there are times when police officers beat sex workers because they have done somethings that are against the law. When they were asked on reasons why police officers beat them, sex workers mentioned that:

Some of them drink alcoholic drinks and walk around naked in the street at night.
In some cases they warm themselves with fire and criminals would join them to hide from police officers.

Sometimes they steal from their clients.

There are cases when sex worker witness crimes that are committed at night and they inform police officers about the crime and help them to identify suspects. One of the sex workers mentioned:

We once saw a man shooting a person, we went to Pitso Ground police station to inform police officers about the instance, we took them to the crime scene and showed them the suspect.

On the basis of the discussions that follow the watching of the clip, sex workers would like to trust police officers, feel free to report any acts that are perpetrated by police officers at the police station, and not be scared that they might end up being sexually and physically abused by police officers. Police officers should be educated about matters that relate to sex workers and their work.

When sex workers realised from watching another clip where a man was beaten by police officers, one of them indicated that they are glad to realise that police officers beat other people, not sex workers only.

Views of Community Members on Sex Workers

Members of the community have mixed feelings about sex workers and the type of work they do. The view of some community members is that commercial sex is disgusting and immoral. Hence, they feel that police officers should beat sex workers so that they can stop this bad behaviour. On the other hand, other community members’ feel that police officers violate sex workers’ human rights by beating them. Their feeling is that if commercial sex is considered a crime, sex workers should be arrested and charged of committing a crime. Some of the community members felt that sex workers should work from a safe place where they will be protected from possible abuse, harassment as well as cuckooing because in any case sex work is not as bad as it is perceived.

When facilitators of the screenings asked the audience about strategies that can be adopted to ensure good relationships between sex workers, the officer from the IC&D mentioned that it is important to follow the procedures of reporting that they shared during the discussions.

Views of Police Officers on Sex workers

One of the police officers who is a sub-inspector in the IC&D indicated at times sex workers can be helpful because they witness some of the crimes that are committed at night. However, it is worrisome that police officers do not use take the information that is provided by sex workers seriously and hence they do not take action against perpetrators of such crimes. The officer promised to share the information gathered during the discussions with sex workers with the authority in then LMPS so that they consider addressing issues of police brutality and violation of human rights against sex workers. The officer revealed that their office serves as watch dog of the LMPS and sex worker can go to the office to seek help when they are subjected to brutality and violation of human rights.

Views of Lawyers on Sex workers

An advocate indicated that there is no section or clause in the laws and constitution of Lesotho that say a person should be beaten when they stand on the street at night. The advocate mentioned that the law is silent on commercial sex. The advocate further indicated that sex workers have a right to go to police stations and report police officers who assaulted them.

Another advocate remarked that according to what the sub-inspector had said, there is a hope that things will change in a positive manner because they can use IC&D office and involve the office of the Commissioner of Police to report and deal and deal with police brutality against sex workers.

10.3.2 Police Brutality against the LGBTIQ+ Community

Short clips where persons who belong to the LGBTIQ+ community shared their stories on police brutality that occur when they went to a police station for services were presented to participants who included LMPS recruits and some of the police officers. In one instance a police officer asked this person about their sex and started beating them and locking them in a cell for the entire day. The participants watched the films and afterwards they were asked questions, with a view of gathering their views and perceptions regarding police brutality and violation of human rights of vulnerable people, in particular the LGBTIQ+ community.

Views of Police recruits and Police officers on the LGBTIQ+ community

The view of some of the participants was that the LGBTIQ+ persons were treated badly at the police station when they went for services. Instead of providing the services required, the police officers abused their power, subjected the person to brutality and violated their human rights. One of the participants felt that police officers who treated these persons badly were immoral, did not understand the LGBTIQ+ community and discriminated them. Most of the participants echoed that police officers mistreat LQBTIQ+ persons because they are not informed about issues around this community. They suggested that as police officers, they need to be educated on LQBTIQ+ issues and be equipped with necessary skills that will enable them to deal with people who belong to the LGBTIQ+ grouping. They even suggested that a police officer who committed such crime has to be held accountable for his actions and taken to a disciplinary hearing.

Some of the recruits seemed to be informed about the LGBTIQ+ issues because they advised their colleagues that when they are at work and are serving people, they should focus on their work and not be against sexual orientation of people who came for services in a police station. They further advised that they should find out how a person would like to be addressed so that everyone would feel accepted and be open to police officers. Other recruits mentioned that they do not have a problem to serve the LGBTIQ+ community, however the problem might arise when they have to know the sex of people in this community. This points to the fact that police officers need to be trained on how they have to deal with such matters.

The perception of some police recruits was that from their training as LMPS recruits, they develop a culture where it becomes difficult to accept a gay man. They would rather accept a lady who is lesbian than a man who is gay. Other police recruits had a view that lack of understanding on matters that relate to the LGBTIQ+ community, result with stigma and discrimination against this community, by police officers and some members of the general public. Some recruits mentioned that some people still have a serious attitude towards the LGBTIQ+ community to an extent that they say it aloud that they hate members of this community and they felt that they can be secluded from the rest of the public. This is a clear indication that there are people who are not informed about matters of the LGBTIQ+ community and need to be educated.

Some police recruits felt that the public in general including parents of members of the LGBTIQ+ community need to be educated about the LGBTIQ+ community as part of the vulnerable/marginalised people so that this community will eventually be accepted within communities. Failure to accept this community leads to them being discriminated and their human rights being violated. In addition, this failure can lead to young people who fall into a trap of substance abuse such as use of illegal drugs. Parents have to learn to accept their children who are part of the LGBTIQ+ community for who they are. There was a feeling that law makers need to make laws that protect the LGBTIQ+ community against harassment, stigma, discrimination and from being used on account of people taking advantage of their personal circumstances. It came out that some members of the LGBTIQ+ community shy away from going to public places for services due to fear of stigma and discrimination.

The view of some of the recruits is that action should be taken against police officers who violated human rights of LGBTIQ+ person and/or are perpetrators of brutality against them. They felt that the authority in the LMPS need to do thorough introspection on all matters that relate to police officers dealing with LGBTIQ+ and other vulnerable people, and put structures and plans in place that will help to equip police officers with knowledge and skills that will enable them to deal with these communities.

However, there are some of the police recruits who felt that the arrest of the LGBTIQ+ person was in order but the only problem was that their cell phone was not confiscated and hence they ended up calling their parents to inform them that they got arrested. They also mentioned that sometimes police officers perpetrate acts of brutality and violation of human rights because they were provoked. Some of the recruits still have an attitude towards the LGBTIQ+ community because they perceive them as silly and arrogant people who are not easy to approach.

Some recruits defended police brutality and said that police officers assault the public because they retaliate when the public fights them during arrests. They said that police brutality is determined by the situation at hand and in most cases, they find themselves using force to apprehend suspects who do not cooperate. Sometimes police officers use brutality as a way of finding evidence from suspects, mainly because of lack of resources and capacity that can help them to find evidence. However it happens that some officers assault the public because of self-interests that are put above professionalism at the work place.

When responding to the question on how would they handle a case where their colleague has assaulted some person who could be a police officer or a civilian, the recruits mentioned that though it will not be easy, they would handle a case professionally and open a case against the colleague regardless of their status. This approach will portray fairness to both the victim and the perpetrator because no one is above the law. Subsequently, the perpetrator will be taken to court so that they will eventually get a sentence that they deserve. On the other hand, the advice to a police officer who is a squad mate of the perpetrator was that such an officer need to recuse themselves and the case be handled by other officers who would be neutral.

The police officer that was in authority, indicated that according to the Police Service Charter, as police officers they have values and ethics that guides them. They further indicated that they have the Police Act of 1998 that guides them on the services they must offer to the public. In addition they have Police regulations 2003 that was amended in 2004. This shows that LMPS have a number of legal tools that are put in place to guide police officers on their work. In addition to these tools, the officer indicated that as police officers they face challenges in serving vulnerable people, and advised that in the case where they do not know how to deal with such challenges they should ask for assistance from their superiors. The officer further mentioned that rightfully police officers who committed crime have to be charged by the Minister of Police and Commissioner of Police, and subsequently there will be a civil claim by the victim to the LMPS.

During the screenings, police officers encouraged people to report any kind of abuse, and acts of brutality and violation of human rights regardless of who perpetrated such acts. They also made people aware that they can report cases that concern gender issues to the CGPU because the unit has police officers who are trained on how to handle such cases.

Then SM&D facilitated screening were helpful in the sense that police officers who participated followed up on some of the instances of police brutality that were reported by participants in the previous screenings. In cases where action was not taken, they facilitated that the cases be investigated and action be taken against perpetrators.

Views of Lawyers on Police Brutality against the LGBTIQ+ community

An advocate pointed that issues of how police officers deal with LGBTIQ+ are sensitive and police officers need to be extra careful because they might be surcharged and sometimes get expelled from work due to brutality and violation of human rights. The advocate raised compliance and accountability as critical aspects in policing in the sense that when police officers are suspected to have assaulted a person that belongs to the vulnerable community like the LGBTIQ+ community and an action is taken against such officers, the officers would have a better case than when the complied with the law than when they did not.

The advocate further indicated that the discussion at hand is on vulnerable people and that police officers as well as people in the legal fraternity such as lawyers should remember that they are trusted by the country to uphold the law when dealing with vulnerable people. They should not talk about approving vulnerable people but they should talk about accepting them as part of the society. The advocate reminded the participants that according to the Constitution of Lesotho everyone has freedom from discrimination, right to equality before the law and equal protection from the law. One advocate reminded police officers that criminals are people and have rights like every other person.

Another advocate advised police recruits and officers that regardless of their personalities and characters they need to be professional all the time because at the end of the day they made a choice to serve the public.

Views of the Public on Police Brutality against

Community members narrated their experiences of police brutality and the destruction of people’s property. Some man reported an instance where he was beaten and a taxi driver reported a case where police officers hid a windscreen of his taxi and broke it. It was reported that sometimes police officers arrest suspects without mentioning their names, showing their identity cards and giving reasons why they arrest suspects. Sometimes they detain suspects for more than 48 hours. The majority of the experiences were on police brutality where people were beaten. Members of the community raised issues that were raised earlier in this report that reporting police officers who are perpetrators to their colleagues at the police station does not help because in most cases no action is taken against them. Some of the people did not know where they can report police officers that are perpetrators. However, according to some community members, it is important for the community to have good relationships with police officers because one way or another public need police assistance.

When asked about what could be the reasons for police brutality, some people mentioned that some community members violate laws of this country and the community protect and hide suspects. Parents normally protect their children who have committed crimes. Sometimes people give police officers false information and suspects fail to report themselves to police stations as they were ordered.

Community members suggested that to ensure good relationship between police officers and the public, police officers should report and introduce themselves to the chief, produce their identity documents together with documents that allow them to arrest suspects of search suspects’ homes, when they get to a village to arrest suspects.

The participants mentioned that the discussions that ensued from the facilitated screening helped them to understand reporting structures and procedures to be followed when reporting. They indicated that they learned through these discussions that there is an office called Inspectorate and Complaints Discipline in the LMPS. They appreciated the initiative of Sesotho Media and Development and remarked that all these are informative and will enable to report any form of police brutality and abuse.

11. Recommendations

The recommendations of this study that emanate from the findings of the focus group discussions, Key informants interviews and Sesotho Media and Development facilitated screening are as the follows:

i) Chiefs should organise public gatherings where police officers are invited to educate the public about their rights and make them aware that acts of crime are not permitted and once a crime is committed, there are consequences. ii) Civil society organisations that deal with human rights matters should frequently conduct awareness campaigns to educate the public about all matters relating to human rights (violation and procedures to be followed when such violation occurs).

Other nongovernmental organisations (NGOs) need to conduct awareness campaigns where they educate communities like Sesotho Media and Development is already doing.

Community leaders such as chiefs and councillors be trained on the available options so that they will get informed and be able to educate the communities in their areas.
Collaborations and partnerships between community leaders and LMPS must be established, enhanced and maintained to ensure continuous and consistent engagement.
Social media platforms could also be used to make the public aware of options available to help them when police officers perpetrate such acts on them.

The public needs to be educated on procedures to follow when reported cases are not attended to.
Police officers should be provided with resources and facilities, which will enable them to provide services to and protect the public.

Training of police officers needs to be reviewed so that it will equip them with skills required to deal with vulnerable groups such as sex workers, the LGBTIQ+ community and people with disability.
LMPS must partner with academic institutions to provide short courses, refresher courses and continuous training on various aspects of policing including human rights.
LGBTIQ+ and sex workers need to be empowered to enable them to be brave enough to go to relevant bodies to report police brutality, corruption, and violation of human rights against them.

Resource constraints experienced by the LMPS to be addressed by exploring international funding to supplement inadequate resources faced by LMPS.
The regulatory frameworks of the LMPS especially the oversight mechanisms must be revised to ensure compliance with international standards for effectiveness and efficiency.
LMPS must create neutral, relaxed and engaging platforms with community members to thwart incessant negative perceptions towards police and this can be done through social activities such as sports and other recreational activities.

Date: 23 February 2024

Company: SM&D

Location: Maseru, Lesotho

Category: S&R Health Rights