Lesotho

1. Whereas every 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, that is to say, to each and all of the following—
…
the provisions of this Chapter³ shall have effect for the purpose of affording protection to those rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest.
2. For the avoidance of doubt and without prejudice to any other provision of this Constitution it is hereby declared that the provisions of this Chapter shall, except where the context otherwise requires, apply as well in relation to things done or omitted to be done by persons acting in a private capacity (whether by virtue of any written law or otherwise) as in relation to things done or omitted to be done by or on behalf of the Government of Lesotho or by any person acting in the performance of the functions of any public office or any public authority. (Sec. 4)

1. Whereas every 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, that is to say, to each and all of the following—
…
the provisions of this Chapter⁴ shall have effect for the purpose of affording protection to those rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest.
2. For the avoidance of doubt and without prejudice to any other provision of this Constitution it is hereby declared that the provisions of this Chapter shall, except where the context otherwise requires, apply as well in relation to things done or omitted to be done by persons acting in a private capacity (whether by virtue of any written law or otherwise) as in relation to things done or omitted to be done by or on behalf of the Government of Lesotho or by any person acting in the performance of the functions of any public office or any public authority. (Sec. 4)

1. If any person alleges that any of the provisions of sections 4 to 21 (inclusive)⁵ of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.
2. The High Court shall have original jurisdiction—
a. to hear and determine any application made by any person in pursuance of subsection (1); and
b. to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3), and may make such orders, issue such process and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 4 to 21 (inclusive) of this Constitution:
Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.
3. If in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of sections 4 to 21 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
… (Sec. 22)

1. In addition to the right of appeal accorded by section 47 of this Constitution, an appeal shall lie as of right to the Court of Appeal from decisions of the High Court in the following cases, that is to say:
...
b. final decisions of the High Court in the determination of any question in respect of which a right of access to the High Court is guaranteed by section 17 of this Constitution and final decisions of the High Court under section 22 of this Constitution.
… (Sec. 129)

There is established a Human Rights Commission (in this Chapter⁶ referred to as “the Commission”) which shall be independent and free from interference and subject only to this Constitution and any other law. (Sec. 133A)

The Commission shall perform the following functions –
a. monitor the state of human rights throughout Lesotho;
b. monitor the human rights situation of detainees;
c. investigate violations of human rights and, if necessary, be responsible for instituting proceedings against such violation in the courts of law;
d. sensitise the public on its work, the nature and meaning of human rights;
e. develop and deliver education and training programmes as necessary to the general public;
f. submit opinions, recommendations, propositions and reports to public institutions on human rights issues, using the media and other means;
g. advocate for ratification, and recommend the domestication of international and regional human rights instruments;
h. promote and monitor the harmonisation of national laws and practices with international and regional human rights instruments ratified by Lesotho;
i. develop and maintain working relations with organisations and representatives of civil society in Lesotho;
j. work in cooperation with the United Nations, regional mechanisms, national human rights institutions of other countries, in the areas of the promotion and protection of human rights, and
k. undertake any other activities or responsibilities that are consistent with the spirit of the promotion and protection of human rights. (Sec. 133F)

The Commission shall perform the following functions –
a. monitor the state of human rights throughout Lesotho;
b. monitor the human rights situation of detainees;
c. investigate violations of human rights and, if necessary, be responsible for instituting proceedings against such violation in the courts of law;
d. sensitise the public on its work, the nature and meaning of human rights;
e. develop and deliver education and training programmes as necessary to the general public;
f. submit opinions, recommendations, propositions and reports to public institutions on human rights issues, using the media and other means;
g. advocate for ratification, and recommend the domestication of international and regional human rights instruments;
h. promote and monitor the harmonisation of national laws and practices with international and regional human rights instruments ratified by Lesotho;
i. develop and maintain working relations with organisations and representatives of civil society in Lesotho;
j. work in cooperation with the United Nations, regional mechanisms, national human rights institutions of other countries, in the areas of the promotion and protection of human rights, and
k. undertake any other activities or responsibilities that are consistent with the spirit of the promotion and protection of human rights. (Sec. 133F)