A silent battle for reproductive rights is unfolding in Lesotho as women seek access to safe and legal abortions.
Despite increasing awareness of the health risks associated with unsafe abortions and mounting pressure for policy reform, the country continues to uphold its strict abortion laws.
The procedure remains illegal except in cases of rape, incest, or when necessary to preserve the woman’s health.
These restrictions are outlined in both the Counter Domestic Bill of 2022 and the Penal Code of 2010. Section 45 of the Penal Code permits abortion only in cases where the pregnant woman’s health is at risk or if the foetus has severe mental defects.
However, advocates for reproductive justice argue that these provisions fail to address the complex realities faced by women in need of safe abortion services.
Organisations like She-Hive Association, a women-focused non-profit organisation combating gender-based violence (GBV), are pushing for the decriminalisation of abortion.
They argue that current laws do not adequately protect survivors of GBV or consider the long-term consequences of forcing victims to carry pregnancies resulting from rape.
According to Mpho Masimong, a psychosocial support officer at She-Hive, many rape survivors hesitate to report their assaults due to fear and stigma. This delay often pushes them past the legal three-month window for performing an abortion.
“Despite legal provisions, many rape victims are reluctant to report their cases and end up carrying unwanted pregnancies. Some are forced to seek unsafe backstreet abortions, putting their health and lives at risk,” Masimong explained.
She further emphasised the need for legal reforms to allow women to make their own reproductive choices without facing lengthy bureaucratic hurdles.
She-Hive Association in Lesotho has taken this debate out by engaging the public on their perceptions on the decriminalisation of safe abortion. The position taken by the organisation seeks to have a much more ultra-liberal feminist position in a deeply patriarchal society with entrenched Christian values.
She-Hive Association seeks the decriminalisation of abortion by removing criminal sanctions against the practice, and changing the law and related policies and regulations to achieve the following:
- not punishing anyone for providing a safe abortion;
- not punishing anyone for having an abortion;
- not involving the police in investigating or prosecuting the provision or practice of safe abortion services;
- not involving the courts in deciding whether to allow an abortion; and
- treating abortion like every other form of health care – that is, using best practice in service delivery, the training of providers, and the development and application of evidence-based guidelines, and applying existing law to deal with any dangerous or negligent practices.
Access to healthcare remains a major challenge in rural areas, where village health workers are often the first point of contact for women seeking medical care.
‘Maseana Mochachane, a village health worker at Matlameng Health Centre in Leribe district, highlighted the dangers women face due to limited options.
“Women often risk their lives by turning to unsafe and illegal abortion methods. We need to expand access to safe, legal abortion services and educate young people about reproductive health,” she told theReporter in a telephone interview this week.
While advocating for greater access to abortion, Mochachane also stressed the importance of preventing unplanned pregnancies through education and contraception.
Despite these calls for reform, traditional and religious beliefs continue to shape the abortion debate in Lesotho.
Chief Lebajoa Monamane of Matšoaneng, Leribe district, remains strongly opposed to induced abortion, arguing that it violates Basotho customs and the constitutional right to life.
“Abortion undermines the value of human life and promotes irresponsible sexual behaviour among young girls. We should focus on promoting responsible sexual conduct rather than legalising abortion,” he stated.
According to the United Nations Population Fund (UNFPA) 2022 State of the World Population Report, approximately 60 percent of unintended pregnancies in Lesotho end in abortion.
The report also highlights a concerning rise in obstetric and gynaecological admissions related to abortion, particularly among adolescents.
Across Southern Africa, a growing movement is advocating for policy reforms to ensure access to safe and legal abortions. The Safe Abortion Alliance of Southern Africa (SAASA) is at the forefront of this effort, emphasising that access to abortion is a fundamental human right essential for women’s empowerment and equality.
Globally, an estimated eight million abortions occur in Africa each year, with only a quarter deemed safe. The continent has the highest rates of abortion-related deaths worldwide, with a mortality rate of 220 deaths per 100,000 unsafe abortions – more than double the global average.
While countries like South Africa and Mozambique have more progressive abortion laws, stigma still hinders access. Conversely, nations such as Madagascar criminalise abortion outright, even in life-threatening situations, leaving women and healthcare providers in precarious positions.
The debate over abortion in Lesotho remains deeply polarised, with strong cultural opposition on one side and urgent public health concerns on the other. Advocates continue to push for legal reforms that prioritise women’s health and rights, while opponents stress the importance of preserving traditional values.
As the discussion unfolds, the question remains: Will Lesotho move toward a more inclusive and rights-based approach to reproductive healthcare, or will restrictive laws continue to endanger the lives of women seeking safe abortions?
The Protocol to the African Charter on Human and People’s Rights (ACHPR) on the Rights of Women in Africa, commonly known as the “Maputo Protocol”, has been hailed by advocacy and rights groups as a living document for women’s human rights in Africa. It is a key reference point in this context.
This document; signed by Lesotho in February 2004 and ratified in October of the same year, remains the most progressive legal document in the advancement of women’s rights in Africa.
Key to its founding principles is the elimination of discrimination against women. The Protocol clearly states that; “discrimination against women is any action preventing a woman from enjoying all the rights recognised to all human beings and in all fields because of her sex.”
The same protocol makes provision for state parties to authorise access to medical abortions under certain conditions e.g., “rape, incest, forced sexual relations, or when continuing with the pregnancy endangers the mental and physical health of the mother or the life of the mother or the foetus.” In the same light, the legal provision for access to abortion services in Lesotho is surrounded by conditions that are more or less similar to those in the Maputo Protocol. Both the Penal Code (2010) and the Counter Domestic Violence Act (CDVA) (2022) have provisions for medical abortion on conditions that the survivor was raped, or that the pregnancy is a result of incestuous intercourse. The Penal Code also makes provision for a defence against a charge of performing abortion if such pregnancy posed a risk of “…significant harm to the health of the pregnant female person…” and “…in order to prevent the birth of a child who will be seriously physically or mentally handicapped….”
