Country Summary for LESOTHO

Definitions

"Alter" means to modify or change the structure, appearance or physical properties of the heritage site or object, whether by way of structural or other works by painting, plastering or other decoration or any other means (NHRA § 2)

“Archaeological” in relation to a heritage site or object means––

(a)   any remains of materials resulting from human activity which are in a state of
disuse and are in or on land and are older than fifty years;

(b)   rock art in the form of painting, engraving or other graphic representation on
fixed rock surface, or loose rock stone which was executed by human and
is older than fifty years;

(c)   features, structures and artifacts associated with military activities and are older
than fifty years including the sites on which they are found (NHRA § 2)

“Archaeological site” means an area in which archaeological objects are situated (NHRA § 2)

“Conservation” includes––

(a)   the retention of the heritage significance of a heritage site or object;

(b)   the protection, maintenance, preservation, restoration, reconstruction or
sustainable use of a heritage site or object (NHRA § 2)

“Council” means the Heritage Council (NHRA § 2)

“Department” means the department responsible for culture (NHRA § 2)

“Heritage” means living heritage, sites and objects of heritage significance
(NHRA § 2)

“Heritage object” means an object protected by law and includes––

(a)     an archaeological object;

(b)    a paleontological or rare geological object

(c)     meteorites

(d)    ethnographic art objects

(e)     military objects;

(f)      objects of decorative or fine art;

(g)    objects of scientific or technological interest;

(h)     books, records, documents, photographic positives and negatives, film, video materials or sound recordings;

(i)       any other object that the Minister may declare as a heritage object (NHRA § 2)

"Heritage resources" means a heritage site and object declared as a heritage site and object by law (NHRA § 2)

"Heritage significance" means aesthetic, archaeological, architectural, cultural, historical, scientific or social significance (NHRA § 2)

"Heritage site" means a site with or without improvements comprising objects of heritage significance and includes (among other sites) a building, an archaeological site, a paleontological site, a burial ground, a sacred place, a living heritage site, and a monument. (NHRA § 2)

"Principal Secretary" means the Principal Secretary for the Ministry responsible for culture (NHRA § 2)

"Register" means a heritage register (NHRA § 2)

“Minister” means the Minister responsible for culture (NHRA § 2)

Relevant State Agencies

The Minister shall be responsible for the acquisition, declaration, preservation, conservation and protection of the heritage of Lesotho. The Minister may, for the purpose of exercising his powers, take such measures as the Minister may determine. (NHRA § 4(1-2))

There is established a Council which shall be known as the Heritage Council. The functions of the Council are to issue lawful permits and to advise the Minister on:

(a)   the state of the heritage of Lesotho and on any steps necessary to preserve, conserve or protect such heritage;

(b)   the declaration of heritage sites and heritage objects;

(c)    the repatriation of Lesotho’s heritage objects held by foreign governments, public and private institutions or individuals (NHRA § 7)

Registry

The Council shall cause to be kept and maintained a register, in respect to heritage sites and objects considered as such by law. (NHRA § 20(1))

The Council shall cause to be recorded in the register heritage resources in the following categories:

(a)     heritage sites;

(b)    heritage objects;

(c)     heritage buildings;

(d)    monuments;

(e)     a living heritage site;

(f)      intangible cultural heritage (NHRA § 20(2))

A copy of the register or any part of the register shall be made available to the public during normal office hours and upon payment of a pre­scribed fee. A person who wishes to access information not disclosed in the register may apply, in writing, to the Council. The Council may, after considering the application made, provide the information on such terms and conditions as it may determine. (NHRA § 21)