THE COMMISSION’S DECISION ON THE MERITS
In light of the foregoing reasons, the African Commission declares that the Respondent State is in violation of Articles 1, 2, 3, 13, 1, 1, 17 and 18(3) of the African Charter and Articles 2, 3, 8, 9, and 17, of the Maputo Protocol.
205. In view of the above, the Commission:
a. Recommends that the Government of Lesotho reviews the Chieftainship Act to provide for the succession of a deceased chief’s first-born child, irrespective of gender, with females on equal terms with males.
b. Recommends that the Government of Lesotho encourages and facilitates the development of customary practice to include women, on equal terms with males, for consideration in customary leadership roles.
c. Requests that the Government of Lesotho takes further action to make communities aware of the legislative changes and allocate resources to ensure the equality of women in Basotho society.
Done, at the 78th Ordinary Session of the Commission on Human and Peoples’ Rights held virtually from 23 February to 8 March 2024