118.
The Complainants aver that by failing to reform section 10 of the
Chieftainship Act in such a way that it is no longer discriminatory and can
protect and promote the rights of women as required, Lesotho has violated
both Article 3 of the Africa Charter and Article 8(f) of the Maputo Protocol.
Alleged violations of articles 5 of the Charter and article 3 of Maputo Protocol
The right to respect of dignity and not be subjected to cruel, inhuman and degrading
treatment
119.
The Complainants submit that to deny first-born daughters the ability
to succeed as chiefs on basis that they marry into their husband's families and
that upon marriage cease to be members of their families, inevitably harms
their self-worth and dignity. It does not treat first-born daughters as worthy of
respect and concern.
.,
120.
They submit that it is therefore a violation their right to dignity under
the Article 5 of the African Charter _a nd Article 3 of the. Maputo Protocol.
121.
The Complainants further submitted that to use the Ja,w to deny firstborn daughters the ability to succeed as chiefs on the basis that they marry into
their husband's families and that upon marriage they cease to be members of
their families inevitably humiliates and degrades the first-born daughters of
chiefs in Lesotho. It is therefore a violation of their right to not be subjected to
degrading treatment under Article 5 of the African Charter and Article 3(3) of
the Maputo Protocol.
Reasonabl~ justification for excluding first born daughters from
chieftainship succession
122.
123.
The Complainants submitted that there is no objective or reasonable
justification for infringing on Ms. Senate Masupha' sand other women's rights,
nor is the complete exclusion of all firstborn daughters proportionate to any
legitimate aim
Alleged violations of article 13 of the Charter and article 9 of the Maputo Protocol
124.
The Complainants submit that exclusion from chieftainship for firstborn daughters means that they are precluded from attaining the office of the
chief.