The enactment of the Persons with Disability Act, 2021 (the Act) marked a watershed moment for Lesotho, a country historically lagging in the advancement of rights and support mechanisms for people with disabilities (PWDs). The Act establishes a progressive legal framework that seeks to safeguard the dignity, autonomy and inclusion of PWDs across all sectors of life.
Yet, while the legislation has certainly set the stage for greater participation of PWDs in the commercial and economic spheres, implementation and systemic challenges continue to limit the full realization of its transformative potential. Moreover, there are systematic reforms that still need to be enforced to allow for a meaningful inclusion of PWDs across all sectors, particularly in aligning with the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which Lesotho ratified.
Understanding Disability: A Diverse Experience
Disability is an umbrella term that encompasses a range of physical, sensory, intellectual and mental impairments. This diversity is not adequately captured in the current legislative framework, which tends to apply broad strokes. A more nuanced understanding is needed; one that recognises the varied degrees of disability and their corresponding needs in education, employment and commerce.
The Commercial Sector: An Untapped Opportunity
The commercial landscape, comprised of trade, business, entrepreneurship and employment, remains a critical site for social and financial inclusion. Historically, however, PWDs have been excluded due to:
- Limited access to education and skills training.
- Inaccessible infrastructure and workspaces.
- Deep-rooted discrimination and stigma.
- Absence of inclusive business development programs.
The Act recognizes this disparity and, in theory, sets out to dismantle it.
What the Act Gets Right: Opening Doors
Non-Discrimination and Equal Access to Employment
The Act prohibits discrimination on the grounds of disability and mandates equal access to employment opportunities. Employers are encouraged to offer reasonable accommodations, flexible hours, assistive technologies and physical modifications to enable persons with disabilities to participate meaningfully in the workplace.
Support for Entrepreneurship
The Act promotes financial support mechanisms, such as grants and public funds, to assist people with disabilities in launching or expanding their own businesses. It also encourages collaboration with public and private institutions to offer skills training, access to capital and mentorship for aspiring entrepreneurs with disabilities.
Physical and Communication Accessibility
It mandates that public spaces, including commercial buildings, be made accessible through ramps, lifts, signage and accessible communication formats such as Braille or sign language interpretation. This benefits not only employees with disabilities, but also consumers with disabilities.
Public Awareness and Inclusion
The Act calls for disability inclusion in public messaging and media. By influencing consumer culture and employer attitudes, it aims to normalize disability in economic participation, both behind the counter and in front of it.
The Shortcomings: Gaps Between Policy and Practice
Despite these promising provisions, the Act still falls short in key areas, particularly when it comes to practical implementation, enforcement and commercial empowerment:
Weak Enforcement Mechanisms
While the Act outlines penalties for non-compliance, there is limited capacity within government institutions to monitor and enforce compliance across the country, particularly in rural and informal commercial sectors.
- There are no clear timelines or accountability frameworks for ensuring that workplaces adapt.
- Many businesses remain unaware of their obligations under the law.
Lack of Incentives for Private Sector Compliance
The law imposes obligations, but offers few incentives to encourage businesses to hire persons with disabilities or to invest in accessibility upgrades. In a resource-constrained economy like Lesotho’s, the lack of tax breaks, subsidies, or recognition programs undermines uptake.
Access to justice
When emphasising inclusion, Section 32 of the Act is incumbent. The Chief Justice still has to issue Rules in this regard. The Rules ought to include systematic mechanisms that aim to allow for PWDs to have equal access to justice, including but not limited to:
- Easy access to the varying courts by way of ramps, lifts, and accessible communication formats, which will require investment in assistive technologies and a dedicated legal aid fund or unit.
- Sign language interpreters in the Courts.
- Allowance for Braille witness statements that may be translated for the Courts etc.
Despite the robust legal framework, several practical shortcomings remain:
- Implementation gaps: Many, if not all, Courts and legal facilities still lack basic accessibility features, even more so in rural areas.
- Limited awareness among Court officials, police and legal practitioners on disability rights.
- Inadequate legal aid resources for people with disabilities, particularly those in vulnerable socio-economic groups.
- Insufficient training for judicial staff to handle disability-sensitive procedures effectively.
Insufficient Investment in Skills Development
Breaking into the commercial sector requires technical skills, vocational training and exposure. While the Act encourages inclusive education, there is a missing link between education and employability:
- No mandated inclusion of PWDs in national skills development programs.
- Few dedicated business incubators or entrepreneurial support services.
Dependency vs. Empowerment Balance
While the Act introduces grants such as the Disability Grant and Care Dependency Grant, the emphasis leans more toward welfare than economic empowerment. Without a parallel focus on sustainable income-generation and job creation, the risk of fostering long-term dependency remains.
Moving Forward: Turning Promise into Practice
To truly empower equality, the Persons with Disability Act must evolve from a legal commitment to a social movement that transforms how Lesotho’s economy functions.
A few key steps that can help actualize its commercial vision are:
Government (including the Legislature)
- Incentives (tax breaks, public procurement preferences) to businesses that employ PWDs.
- Digital accessibility standards for all commercial and government online platforms.
- Vocational training centres for people with disabilities.
It is insufficient for the Act to merely state that the Minister will take necessary steps to achieve the realization of the rights included in the Act. It has been shown over many years and in various jurisdictions internationally that Acts ought to provide frameworks for Ministers to promulgate anything!
Private Sector
- Accessibility audits and workplace adaptation plans.
- Inclusive hiring policies and company-wide diversity training.
- Mentorship programs to nurture entrepreneurs with disabilities.
Civil Society & NGOs
- Implementation and advocating for stronger regulations.
- Partner with government and businesses to deliver inclusive economic programs.
- Amplify the voices of PWDs in commercial and media spaces and work closely with the Council established in terms of section 4 of the Act.
Conclusion: Equality Means Economic Inclusion
The Persons with Disability Act, 2021 was a long-overdue leap in Lesotho’s disability rights landscape. It affirms the legal rights of people with disabilities to participate in all spheres of life, but economic empowerment remains the next frontier.
For this legislation to be more than paper promises, Lesotho must back it up with infrastructure, incentives, awareness, and investment. Because equality is not just about being seen, it's about being included, hired, empowered and valued.
Only then can people with disabilities break into the commercial sector not as outsiders seeking charity, but as equal players building, leading and shaping the future economy.
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