countries through affirmative action, enabling national legislation and other
measures to ensure that:
a) women participate without any discrimination in all elections;
b) women are represented equally at all levels with men in all electoral
processes;
c) women are equal partners with men at all levels of development and
implementation of State policies and development programmes.
2) States Parties shall ensure increased and effective representation and
participation of women at all levels of decision-making."
192.
In Legal Resources Foundation v Zambia, 64 the Commission recognised
that discrimination in public and political life is harmful to the public good. It
has held that discrimination over who can stand for public office means that
"the country may be deprived of the leadership and resourcefuln~ss such a
person may bring to national life". 65
193.
The Commission observes that the position of chief in Basotho culture is
not merely a nominal or ceremonial role. Chieftainship is integral to
governance in Lesotho. 66 Under the Chieftainship Act, chiefs fulfil several
political functions. For example, section 6(1) of the Act prescribes that it is the
duty of the chief to support,,aid, and maintaiQ the King; to serve the people in
the area of the chief's authority;, to promote their welfare and lawful interests;
and to maintain public safety arn;l public order. Under section 7 of the Act,
chiefs are given several law enforcement duties and powers.
194.
Noting the significance of Chieftaincy, as well as the fact that the
Respond~nt State is a Monarchy, the Commission views that traditional
leadership constitutes Government under Article 13.
195.
In Egyptian Initiative for Personal Rights and Interights v Egypt, 67 the
Commission has held that discrimination against women is particularly
unjustifiable where it is systematic, entails detrimental consequences and
where it is used as a means of silencing women from expressing political and
social opinions.
196.
Noting its findings above on Equality and non-discrimination as well as
Cultural life, the Commission finds that the Respondent State has violated its
obligations under Article 13 of the Charter and 9 of the Maputo Protocol.
64 Communication 211/98, Legal Resources Foundation v Zambia .
65 Id at para 63
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66 See, for example, Juma, L "Chieftainship Succession and Gender Equality in Lesot ho: Negotiating th ,-r,~:1~f't(-,
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Equality in a Jungle of Pluralism" Texas Journal of Women and the Law 2013 (2) 101 at 148. See also (?Vr',can B ~ ?-0
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Sotho La""'.s and Customs ( 1960} ~t. 4 7. _Se~ a ls_o sectio~s 10_3-104 ~f the Constitution, together with _/gri ed : 2/ t~l~ 1
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that sa nction and protect the pol1t1cal institution of ch1eftainsh1p 1n Lesotho .
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Communication 323/06, Egyptian Initiative for Personal Rights and lnterights v Egypt at para 1s2:\\~
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