Economy Data , Lesotho

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Lesotho

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Region	Sub-Saharan Africa
Income Group	Lower middle income
Population	2,203,821
Female Population	1,111,505
% of Women in the Workforce	47%

Topic scores

Accessing institutions	100
Using property	80
Getting a job	56
Providing incentives to work	40
Going to court	100
Building credit	50
Protecting women from violence	20

Scored Questions

Question	Answer	Score
Are wives required to obey their husbands?	No	1
Can a woman apply for a passport in the same way as a man?	Yes	1
Can a woman apply for a national identity card in the same way as a man?	Yes	1
Can a woman travel outside the country in the same way as a man?	Yes	1
Can a woman travel outside her home in the same way as a man?	Yes	1
Can a woman get a job in the same way as a man?	Yes	1
Can a woman sign a contract in the same way as a man?	Yes	1
Can a woman register a business in the same way as a man?	Yes	1
Can a woman open a bank account in the same way as a man?	Yes	1
Can a woman choose where to live in the same way as a man?	Yes	1
Can a woman be "head of household" in the same way as a man?	N/A	1

Constitutional rights

Question	Answer	Source
Does the constitution contain a clause on nondiscrimination?	Yes	Constitution of Lesotho, Arts. 4 and 18
If there is a nondiscrimination clause in the constitution, does it mention sex or gender?	Yes	Constitution of Lesotho, Art. 18
Does the constitution contain a clause on equality?	Yes	Constitution of Lesotho, Art. 19
Is customary law recognized as a valid source of law under the constitution?	Yes	Constitution of Lesotho, Art. 18(4)(c)
If so, is customary law invalid if it violates constitutional provisions on nondiscrimination or equality?	No	Constitution of Lesotho, Art. 18(4)(c)
Is personal law recognized as a valid source of law under the constitution?	No	Constitution of Lesotho
If so, is personal law invalid if it violates constitutional provisions on nondiscrimination or equality?	N/A

Marital responsibility

Question	Answer	Source
Are wives required to obey their husbands?	No	No applicable provisions could be located
Can a woman confer citizenship to a non-national spouse in the same way as a man?	No	Lesotho Citizenship Order No. 16 of 1971, Art. 7
Do spouses jointly share responsibility for financially maintaining the family?	Yes	Children's Protection and Welfare Act 7, Art. 212

Married and unmarried women

Question	Answer	Source
Can a married woman apply for a passport in the same way as a married man?	Yes	Passports and Travel Documents Act No. 15 of 1998, Sec. 6 Passport application form
Can an unmarried woman apply for a passport in the same way as an unmarried man?	Yes	Passports and Travel Documents Act No. 15 of 1998, Sec. 6 Passport application form
Can a married woman apply for a national identity card in the same way as a married man?	Yes	National Identity Cards Act 2011, Arts. 12 and 14 ID card application form
Can an unmarried woman apply for a national identity card in the same way as an unmarried man?	Yes	National Identity Cards Act 2011, Arts. 12 and 14 ID card application form
Can a married woman travel outside the country in the same way as a married man?	Yes	No restrictions could be located
Can an unmarried woman travel outside the country in the same way as an unmarried man?	Yes	No restrictions could be located
Can a married woman travel outside her home in the same way as a married man?	Yes	No restrictions could be located
Can an unmarried woman travel outside her home in the same way as an unmarried man?	Yes	No restrictions could be located
Can a married woman get a job in the same way as a married man?	Yes	Legal Capacity of Married Persons Act 9 of 2006, Art. 3
Can an unmarried woman get a job in the same way as an unmarried man?	Yes	No restrictions could be located
Can a married woman sign a contract in the same way as a married man?	Yes	Legal Capacity of Married Persons Act 9 of 2006, Art. 3
Can an unmarried woman sign a contract in the same way as an unmarried man?	Yes	No restrictions could be located
Can a married woman register a business in the same way as a married man?	Yes	Legal Capacity of Married Persons Act 9 of 2006, Art. 3
Can an unmarried woman register a business in the same way as an unmarried man?	Yes	No restrictions could be located
Can a married woman open a bank account in the same way as a married man?	Yes	Legal Capacity of Married Persons Act 9 of 2006, Art. 3
Can an unmarried woman open a bank account in the same way as an unmarried man?	Yes	No restrictions could be located
Can a married woman choose where to live in the same way as a married man?	Yes	No restrictions could be located
Can an unmarried woman choose where to live in the same way as an unmarried man?	Yes	No restrictions could be located
Can a married woman be "head of household" or "head of family" in the same way as a married man?	N/A	No applicable provisions could be located
Can an unmarried woman be "head of household" or "head of family" in the same way as an unmarried man?	N/A	No applicable provisions could be located
Can a married woman confer citizenship to her children in the same way as a married man?	Yes	Lesotho Citizenship Order No. 16 of 1971, Arts. 5(3) and 6 Constitution of Lesotho, Art. 39
Can an unmarried woman confer citizenship to her children in the same way as an unmarried man?	Yes	Lesotho Citizenship Order No. 16 of 1971, Arts. 5(3) and 6 Constitution of Lesotho, Art. 39

Quotas

Question	Answer	Source
What are the quotas for women on corporate boards?	No quota	No applicable provisions could be located
What are the reserved seat quotas for women in national parliament?	No quota	No applicable provisions could be located
What are the reserved seat quotas for women in municipal councils?	33%	Local Government Elections Act, Art. 18
What are the quotas for women on candidate lists in elections for national parliament?	50%	National Assembly Elections Amendment Act of 2011, Sec. 47 (2b and 2c)
What are the quotas for women on candidate lists in elections for municipal councils?	No quota	No applicable provisions could be located
Are there sanctions for noncompliance with quotas for women on corporate boards?	N/A
Are there sanctions for noncompliance with quotas for women on candidate lists for national parliament elections?	Yes	National Assembly Elections Amendment Act of 2011, Sec. 47(5) and (6)
Are there sanctions for noncompliance with quotas for women on candidate lists for municipal council elections?	N/A
Are there financial incentives to include women on corporate boards?	No	No applicable provisions could be located
Are there financial incentives to include women on candidate lists for national parliament elections?	No	No applicable provisions could be located
Are there financial incentives to include women on candidate lists for municipal council elections?	No	No applicable provisions could be located

Question	Answer	Score
Who legally administers marital property?	Both must agree	1
Does the law provide for the valuation of nonmonetary contributions?	Yes	1
Do men and women have equal ownership rights to immovable property?	Yes	1
Do sons and daughters have equal inheritance rights?	No	0
Do female and male surviving spouses have equal inheritance rights?	Yes	1

Question	Answer	Source
What is the default marital property regime? Because there is no default property regime in Lesotho, the methodology takes into consideration the most common marital property regime, namely full community of property.	No default	Legal Capacity of Married Persons Act 2006, Secs. 4 and 16
Who administers marital property?	Both must agree	Legal Capacity of Married Persons Act 2006, Secs. 3 and 5-7

Question	Answer	Source
If the husband administers property, is spousal consent required for major transactions?	N/A
Are there special provisions governing the marital home?	No	No applicable provisions could be located
Does the law provide for valuation of nonmonetary contributions?	Yes	Legal Capacity of Married Persons Act 2006, Sec. 4

Question	Answer	Source
Do unmarried men and unmarried women have equal ownership rights to property?	Yes	Constitution of Lesotho, Arts. 4 and 17-19 Land Act 2009, Sec. 6(2)
Do married men and married women have equal ownership rights to property?	Yes	Legal Capacity of Married Persons Act 2006, Secs. 3 and 5-7 Land Act 2009, Sec. 6(1)

Question	Answer	Source
Do female and male surviving spouses have equal inheritance rights?	Yes	Basutoland Intestate Succession Proclamation of 1953, Sec. 1 Land Act 2010, 15(3)
Do sons and daughters have equal inheritance rights?	No	The Laws of Lerotholi, Sec. 11

Question	Answer	Score
Is there paid leave available to women of at least 14 weeks?	No	0.86
Do women receive at least 2/3 of their wages for the first 14 weeks or the duration of the leave if it is shorter?	Yes	1
What is the percentage of maternity leave benefits paid by the government?	0%	0
What is the difference between leave reserved for women and men relative to leave reserved for women, as a function of who pays?	0	0
Is there paid parental leave?	No	0
Does the law mandate equal remuneration for work of equal value?	Yes	1
Does the law mandate nondiscrimination based on gender in employment?	Yes	1
Is dismissal of pregnant workers prohibited?	Yes	1
Can parents work flexibly?	No	0
Can women work the same night hours as men?	Yes	1
Can women work in jobs deemed hazardous, arduous or morally inappropriate in the same way as men?	Yes	1
Are women able to work in the same industries as men?	No	0
Are women able to perform the same tasks at work as men?	No	0
Are the ages at which men and women can retire with full pension benefits equal?	Yes	1
Are the ages at which men and women can retire with partial pension benefits equal?	N/A	..
Is the mandatory retirement age for men and women equal?	N/A	..

Question	Answer	Source
Does the law mandate paid or unpaid maternity leave?	Yes	Labor Code Order, Sec. 133
Does the law mandate paid or unpaid paternity leave?	No	No applicable provisions could be located
Does the law mandate paid or unpaid parental leave?	No	No applicable provisions could be located
What is the length of paid maternity leave?	84	Labor Code Order, Sec. 133 Labor Code Wages (Amendment) Notice of 2017, Part K
What is the length of paid paternity leave?	N/A
What is the length of paid parental leave?	N/A
Who pays maternity leave benefits?	Employer 100%	Labor Code Order, Sec. 134 Labor Code Wages (Amendment) Notice of 2017, Part K
Who pays paternity leave benefits?	N/A
Who pays parental leave benefits?	N/A
What percentage of wages is paid during maternity leave?	100%	Labor Code Wages (Amendment) Notice of 2017, Part K
What percentage of wages is paid during paternity leave?	N/A
What percentage of wages is paid during parental leave?	N/A
What is the length of unpaid maternity leave?	0	No applicable provisions could be located
What is the length of unpaid paternity leave?	N/A
What is the length of unpaid parental leave?	N/A
How many days of unpaid parental leave must be taken by the mother?	N/A
How many days of unpaid parental leave must be taken by the father?	N/A
How many days of paid parental leave must be taken by the mother?	N/A
How many days of paid parental leave must be taken by the father?	N/A

Question	Answer	Source
Does the law mandate equal remuneration for work of equal value?	Yes	Labour Code Order, Sec. 5(3) Constitution of Lesotho, Sec. 30
Does the law mandate nondiscrimination based on gender in employment?	Yes	Labour Code Order, Sec. 5
Does the law mandate nondiscrimination based on gender in hiring?	No	No applicable provisions could be located
Does the law mandate nondiscrimination based on gender in promotions?	No	No applicable provisions could be located
Does the law mandate nondiscrimination based on gender in dismissal?	Yes	Labour Code Order, Sec. 66(3)
Is it prohibited for prospective employers to ask about family status?	No	No applicable provisions could be located
Is dismissal of pregnant workers prohibited?	Yes	Labour Code Order, Sec. 66(3)
Are employers required to provide break time for nursing mothers?	Yes	Labour Code Order, Sec. 137
Can parents work flexibly?	No	No applicable provisions could be located

Question	Answer	Source
What is the age at which a man can retire and receive full benefits?	70	Old Age Pensions Act 2005, Secs. 2-3 Old Age Pension (Pensions) Regulations 2005, Sec. 3
What is the age at which a woman can retire and receive full benefits?	70	Old Age Pensions Act 2005, Secs. 2-3 Old Age Pension (Pensions) Regulations 2005, Sec. 3
What is the age at which a man can retire and receive partial benefits?	N/A	No applicable provisions could be located
What is the age at which a woman can retire and receive partial benefits?	N/A	No applicable provisions could be located
What is the mandatory retirement age for men?	N/A	No applicable provisions could be located
What is the mandatory retirement age for women?	N/A	No applicable provisions could be located

Question	Answer	Source
Can women work the same night hours as men?	Yes	No restrictions could be located
Can women do the same jobs as men?	No	LabouCode Order, Sec. 132
Can women work in jobs deemed hazardous in the same way as men?	Yes	No restrictions could be located
Can women work in jobs deemed morally or socially inappropriate in the same way as men?	Yes	No restrictions could be located
Can women work in jobs deemed arduous in the same way as men?	Yes	No restrictions could be located
Can women work in mining in the same way as men?	No	Labor Code Order, Sec. 132
Can women work in factories in the same way as men?	Yes	No restrictions could be located
Can women work in construction in the same way as men?	Yes	No restrictions could be located
Can women work in agriculture in the same way as men?	Yes	No restrictions could be located
Can women work in energy in the same way as men?	Yes	No restrictions could be located
Can women work in transportation in the same way as men?	Yes	No restrictions could be located
Can women work in the water sector in the same way as men?	Yes	No restrictions could be located
Can women work in metalworking in the same way as men?	Yes	No restrictions could be located
Can women engage in jobs requiring lifting weights above a threshold in the same way as men?	No	Labour Code Order, Sec. 108
Can women work in all other jobs in the same way as men?	Yes	No restrictions could be located

Question	Answer	Score
Are mothers guaranteed an equivalent position after maternity leave?	No	0
Does the government support or provide childcare services?	No	0
Are childcare payments tax deductible?	No	0
Is primary education free and compulsory?	Yes	1
Are there tax deductions or credits specific to men?	No	1

Question	Answer	Source
Are mothers guaranteed an equivalent position after maternity leave?	No
Does the government provide a child allowance to parents?	No	No applicable provisions could be located
Must employers provide leave to care for sick relatives?	No	No applicable provisions could be located

Question	Answer	Source
Does the government provide childcare services?	No	No applicable provisions could be located
Does the government subsidize childcare services?	No	No applicable provisions could be located
Is primary education free and compulsory?	Yes	Constitution of Lesotho, Sec. 28 Education Act of 2010, Secs. 3 and 6

Question	Answer	Source
Are there tax deductions or credits specific to men?	No	No applicable provisions could be located
Are there tax deductions or credits specific to women?	No	No applicable provisions could be located

Question	Answer	Score
Does a woman’s testimony carry the same evidentiary weight in court as a man’s?	Yes	1
Does the law establish an anti-discrimination commission?	Yes	1
Does the law mandate legal aid in civil/family matters?	Yes	1
Is there a small claims court/fast-track procedure?	Yes	1

Question	Answer	Source
Does the law recognize customary courts?	Yes	Constitution of Lesotho, Arts. 18(4)(c) and 118(1)(d) Local and Central Courts Proclamation
If yes, can their decisions be appealed to statutory courts?	No	No applicable provisions could be located
Does the law recognize personal law courts?	No	No applicable provisions could be located
Are there dedicated and specialized family courts?	No	No applicable provisions could be located
Does the law establish an anti-discrimination commission?	Yes	Ombudsman Act, Art. 7

Question	Answer	Source
Is women’s testimony afforded the same weight as men’s?	Yes	No restrictions could be located
Does the law mandate legal aid in civil/family matters?	Yes	Legal Aid Act, Sec. 4(1)
Does the law mandate legal aid in criminal matters?	Yes	Legal Aid Act, Sec. 4(1)
Is there a small claims court/fast-track procedure?	Yes	Small Claims Courts Act, Art. 1
If yes, what is the maximum amount?	61%

Question	Answer	Source
How many justices are on the constitutional court?	12	Constitution of Lesotho, Arts. 119 and 128
Of those, how many are women?	4	High Court of Lesotho
Is the Chief Justice a woman?	Yes	High Court of Lesotho

Question	Answer	Score
Do retailers provide information to credit agencies?	Yes	1
Do utility companies provide information to credit agencies?	Yes	1
Is discrimination based on gender prohibited in access to credit?	No	0
Is discrimination based on marital status prohibited in access to credit?	No	0

Question	Answer	Source
What is the minimum loan amount covered in the private credit bureau or public credit registry (%GNI/capita)?	0%
Do retailers provide information to credit agencies?	Yes
Do retailers provide positive information to credit agencies?	Yes
Do retailers provide negative information to credit agencies?	Yes
Do utility companies provide information to credit agencies?	Yes
Do utility companies provide positive information to credit agencies?	Yes
Do utility companies provide negative information to credit agencies?	Yes
Do microfinance institutions provide information to credit agencies?	Yes
Do microfinance institutions provide positive information to credit agencies?	Yes
Do microfinance institutions provide negative information to credit agencies?	Yes

Question	Answer	Source
Is discrimination based on gender prohibited in access to credit?	No	No applicable provisions could be located
Is discrimination based on marital status prohibited in access to credit?	No	No applicable provisions could be located

Question	Answer	Score
Is there legislation specifically addressing domestic violence? If not, are there aggravated penalties for crimes committed against a spouse or family member?	No	0
Is there legislation on sexual harassment in employment?	Yes	1
Is there legislation on sexual harassment in education?	No	0
Are there criminal penalties for sexual harassment in employment?	No	0
Are there civil remedies for sexual harassment in employment?	No	0

Question	Answer	Source
Is there domestic violence legislation?	No	No applicable provisions could be located
If not, are there aggravated penalties for crimes against a spouse or family member?	No	No applicable provisions could be located
Does domestic violence legislation cover physical violence?	No	No applicable provisions could be located
Does domestic violence legislation cover sexual violence?	No	No applicable provisions could be located
Does domestic violence legislation cover emotional violence?	No	No applicable provisions could be located
Does domestic violence legislation cover economic violence?	No	No applicable provisions could be located
Does domestic violence legislation protect former partners or spouses?	No	No applicable provisions could be located
Does domestic violence legislation protect unmarried intimate partners?	No	No applicable provisions could be located
Are there criminal penalties for domestic violence?	No	No applicable provisions could be located
Is there a specialized court or procedure for cases of domestic violence?	No	No applicable provisions could be located
Do protection orders for domestic violence exist?	No	No applicable provisions could be located
Do protection orders provide for removal of the perpetrator from the home?	No	No applicable provisions could be located
Do protection orders cover prohibition of contact and maintaining a distance from the survivor?	No	No applicable provisions could be located

Question	Answer	Source
Does legislation explicitly criminalize marital rape?	Yes	Penal Code Act, 2010, Secs. 52(1) and 52(2)(h)(ii)
If not, can a wife file a complaint against her husband for rape or sexual assault?	N/A
Have provisions exempting perpetrators from facing charges for rape if they marry the victim been removed or never existed in legislation?	Yes	No applicable provisions could be located

Question	Answer	Source
What is the legal age of marriage for boys?	18	Children's Protection and Welfare Act, Art. 3 Marriage Act, Arts. 25(2) and 27(1)
What is the legal age of marriage for girls?	18	Children's Protection and Welfare Act, Art. 3 Marriage Act, Arts. 25(2) and 27(1)
Are there any exceptions to the legal age of marriage? B-18; G-16. Minister - no minimum age. A boy at 18 and a girl at 16 may get married with consent of the parents, the district administrator, otherwise of the judge. The Minister can authorize marriage under that age in particular cases where such marriage is desirable.	Yes	Marriage Act, Arts. 25(2), 26(1) and 27(1)
What is the minimum age of marriage with parental consent for boys?	18	Marriage Act, Arts. 25(2) and 27(1)
What is the minimum age of marriage with parental consent for girls?	16	Marriage Act, Arts. 25(2) and 27(1)
What is the minimum age of marriage with judicial authorization for boys?	0	Marriage Act, Arts. 25(2) and 27(1)
What is the minimum age of marriage with judicial authorization for girls?	0	Marriage Act, Arts. 25(2) and 27(1)
Is marriage under the legal age void or voidable? Any marriage officer reasonably suspects that one or both of the marrying parties is underage and does not have the necessary consent may refuse to perform the ceremony.	No	No applicable provisions could be located
Are there penalties for authorizing or knowingly entering into child or early marriage?	Yes	Marriage Act, Art. 37

Question	Answer	Source
Is there legislation specifically addressing sexual harassment?	Yes	Labour Code Order 1992, Secs. 5(2) and 200
Is there legislation on sexual harassment in employment?	Yes	Labour Code Order 1992, Secs. 5(2) and 200
Is there legislation on sexual harassment in education?	No	No applicable provisions could be located
Is there legislation on sexual harassment in public places?	No	No applicable provisions could be located
Are there criminal penalties for sexual harassment in employment?	No	No applicable provisions could be located
Are there civil remedies for sexual harassment in employment?	No	No applicable provisions could be located

CONTACT

1818 H Street NW
Washington, DC 20433
USA

wbl@worldbank.org

Indira Chand
Media Inquiries

+1 (202) 458-0434

ichand@worldbank.org

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