Legal Framework
The constitution prohibits religious discrimination and provides for freedom of conscience, thought, and religion, including the freedom to change religion or belief, and to manifest and propagate one’s religion. These rights may be limited by laws in the interests of defense, public safety, order, morality, or protecting the rights of other persons, provided the limitations are the minimum necessary.
The government has no established requirements for recognition of religious groups. By law, any group, religious or otherwise, may register as a legal entity with the government, regardless of its purpose, as long as it has a constitution and a leadership committee. Most religious groups register, but there is no penalty for those that do not. Registration gives a group legal standing, formalizes its structure under the law, and provides exemption from income tax. In the absence of registration, religious organizations may operate freely, but without legal standing or any of the protections of registered organizations.
The education ministry pays and certifies all teachers at government-funded schools, including religious schools, and requires a standard curriculum for both secular and religious schools. The government permits but does not mandate religious education in schools, and the constitution exempts students at any educational institution from requirements to receive instruction or attend any ceremony or observance associated with a religion that is not their own. The minister of education must approve all curricula, including for religious education classes. The law does not prohibit or restrict schools run by religious organizations. Other than the constitutional provision barring discrimination, there is no specific law requiring religious schools to accept children not of the school’s denomination.
The country is party to the International Covenant on Civil and Political Rights.
Government Practices
During the year, churches owned and operated 83 percent of all primary and 66 percent of all secondary schools. The Roman Catholic Church, Lesotho Evangelical Church, Anglican Church, and, to a lesser extent, Methodist Church were the primary operators of religious schools, which were publicly funded. In February the CCL released a statement stating the government should include the group in its efforts to resolve recurring teacher strikes over salaries and working conditions.
In practice, in any school offering religious education – including all religious schools and some secular schools – the subject was mandatory. Despite the constitution granting the ability for students to opt out, there were no reports of students electing to do so.
The government continued to permit families to send their children to schools run by a religious group other than their own, and some families chose this option. Others went to public schools or secular private schools.