Whilst Homosexuality is still illegal in Lesotho there has a gradual softening in attitudes. In November 2010 the first gay support group called MATRIX was registered as an official NGO in the county.
A recent UNDP report recognised that such a gay community existed in Lesotho. This study further identified the group as a population at very high risk of HIV infection. There was a self-reported HIV prevalence of 11.6% of the young men sampled who admitted to having sex with other men.
The report also revealed that the group perceive themselves as having very little access to targeted HIV prevention programs. This study was commissioned as part of UNDP’s HIV & Sexual minorities. For further information click here.
Law that Criminalises Homosexuality
Sodomy is prohibited as a common-law offence. It is defined as “unlawful and intentional sexual
relationship per anum between two human males”
Practical Consequences of the law
Neighbouring SA has legalised homosexuality.
Issues of tourists crossing the border without knowledge of difference in law.
Constitutional Clause on Equality or Right to Privacy
The Constitution of Lesotho (1993)
Fundamental human rights and freedoms are protected under Article 4 and are entitled to every person in Lesotho, whatever his race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status to. These rights include the right to life; the right to personal liberty; the right to respect for private and family life; freedom of peaceful assembly; freedom of association; freedom from discrimination; and the right to equality before, and the equal protection of, the law.
These freedoms are limited by 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.