Independent map & monitor Lesotho Est. 2026 AI Governance Observatory

Mapping the governance of artificial intelligence in Lesotho

The Kingdom of Lesotho has no AI-specific law and no adopted AI strategy, only a draft AI policy validated in 2025. For a small landlocked kingdom with almost no domestic AI governance, that confirmed founding seat is the profile's centre of gravity.

WAICO founding memberFounding member of the World AI Cooperation Organization, signed in Shanghai on 16 July 2026 by Limpho Tau, Minister of Foreign Affairs and International Relations.
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11instruments mapped
4binding, in force
0soft law
2draft / pending
5regional / international
01The map

Every instrument, ordered by force

The shape is among the sparsest in the field: nothing AI-specific is in force, a draft AI policy sits in the draft tier, and the binding tier is general law an AI dispute would meet, with patents running regionally.

All Binding Soft law Draft / pending Regional
All types AI-specific Data protection Cyber and crime Digital and telecom Copyright
Binding · general law4 in force · enforceable
Data protectionVia data

Lesotho's data-protection statute and the general law most likely to reach an AI harm, on paper. It sets controller duties and data-subject rights, but the supervisory commission it creates has never been constituted, so the act is largely unenforceable, and it carries no automated-decision or profiling provision.

Source: Lesotho gazette; LesLII
Digital and telecomGeneral catch

The telecommunications and broadcasting framework and the regulator, the general regime a networked AI service operates within.

Source: LesLII
CopyrightGeneral catch

The authorship framework. It protects authors of original works by the sole fact of their creation, an implicitly human author, and carries no computer-generated-works provision. Its free-use exceptions are a closed enumerated list with no text-and-data-mining exception, and protection runs for life plus fifty years.

Source: ARIPO; WIPO Lex
CopyrightGeneral catch

The patent and design framework. The right to a patent belongs to the inventor, a natural person, and a patent granted through the African Regional Intellectual Property Organization designating Lesotho has the same effect as a domestic grant. No AI-inventorship provision.

Source: WIPO Lex; LesLII
Draft / pending2 · no force yet
AI-specificAI-native

The prospective AI policy, validated alongside broadband and data-management policies, which itself records that Lesotho has no AI-specific legislation or coordinated governance framework. Draft, not binding.

Source: government and press records
Cyber and crimeGeneral catch

The prospective cybercrime and cybersecurity law. Its in-force status could not be confirmed, a later bill suggesting the earlier track was not finalized, so it is recorded as draft.

Source: parliament records
Regional & international5 verified memberships

Confirmed founding member; signed in Shanghai 16 Jul 2026 by the Minister of Foreign Affairs and International Relations, Limpho Tau, for the Government of Lesotho; Lesotho among the twenty-nine founding states. Official source: Chinese release and Lesotho reporting.

Adopted by the AU Executive Council July 2024; Lesotho an AU member. Official source: au.int.

Adopted 2021, as a UNESCO member; no readiness assessment confirmed. Official source: unesco.org.

Adopted by consensus 22 Sep 2024; applies to Lesotho as a UN member. Official source: A/RES/79/1 annex, un.org.

Adopted by consensus in 2024; Lesotho bound as a UN member; no co-sponsorship confirmed. Official source: UN records.

02Second reading

How squarely each instrument is written for AI, and how hard it binds

Axes: specificity (x, 0-100) is how squarely the instrument is written for AI; force (y, 0-100) is how hard it binds. Placements are editorial judgments for the comparison plot; the tier column is the authoritative classification. The pattern is stark: every in-force instrument sits at the low-specificity end, because nothing in Lesotho is yet written for AI, and the data statute sits low on force because it is unenforced.

Prescriptive Principles Nonbinding Binding
Force without detail stays thin. The draft AI Law would plant a consolidating statute here.
Binding and enforceable
Binding, no direct sanction
Sector guidance
Regional / international
Draft / pending

Tap a marker

Twenty-five instruments, two readings

The binding and prescriptive corner is the crowded one: the CAC-led measures put force and detail together, service by service. The sector guidance sits just left of the binding line, nonbinding in form but treated as obligatory. Dashed markers are drafts; the National AI Law would consolidate the whole stack into one statute.

All eleven instruments
Compare this model with
03Case tracker

The record of AI disputes in Lesotho

No adjudicated court case where artificial intelligence is materially at issue was found in Lesotho, and no dedicated deepfake offence with a citable article exists. Lesotho has limited public judgment access, so a non-public matter cannot be ruled out, but nothing is reported and no Lesotho-specific AI incident surfaced. Per the fabrication screen, no case number is invented.

The negative trail: No adjudicated court case turning on AI was found, and no dedicated deepfake criminal offence exists; there is no in-force cybercrime statute to charge such conduct under, only bills.
0matters tracked
0adjudicated
0reported

Portals and sweeps: WIPO Lex and the ARIPO pages; the LesLII judgment database; Lesotho media of record. Lesotho provides limited public judgment access.

Lesotho · AI-IP Index

How Lesotho aligns AI and intellectual property

Lesotho's 1989 orders confine authorship and inventorship to human makers, patents run regionally through ARIPO, the free-use exceptions are closed, and there is no AI policy in force to reach the rights questions.

Accommodation 0.67 · Institution 0.83. Restrictive on what it will protect and thin on the machinery behind it. The 1989 orders confine authorship and inventorship to human makers, the free-use exceptions are a closed list, and there is no AI policy in force to reach the intellectual-property questions.
The framework

What the index measures

The AI-IP Index reads a country on two questions that usually get folded together. Accommodation asks how far the law will go to protect intellectual property that a machine helped produce. Institution asks how much administrative machinery sits behind that law: its guidance, its international submissions, its disclosure duties.

A country can be generous on paper and have built almost nothing, or cautious and highly organised, so the two are scored apart and reported as a pair. Each rests on three questions, scored 0, 0.5 or 1.

Accommodation

How far the law will protect intellectual property that a machine helped make.

  • Q1. Patentability of AI-assisted inventionsWhether an invention developed with AI help, filed with a human named as inventor, can be granted. It decides whether AI-assisted research can be protected at all.
  • Q2. Copyright in AI-generated outputWhether output made with AI attracts copyright when a person directed the work. It sets who, if anyone, owns AI-assisted creative work.
  • Q3. Training and text-and-data-miningWhether copyrighted works can be used to train a model without the owner's permission. This is the main fault line between model builders and rights holders.
Institution

How much administrative machinery sits behind that law.

  • Q4. WIPO Conversation participationWhether the IP office has engaged the WIPO Conversation on IP and Frontier Technologies with a substantive submission. It shows the office is working the question at the international level.
  • Q5. National IP office AI guidanceWhether the office has published dedicated guidance on examining AI-related filings. It tells applicants where they stand before they file.
  • Q6. Disclosure or transparency dutyWhether a filing has to declare that AI was used. It is the office's main lever for provenance.

The scale runs the same way on both axes: 0 is the open or developed end, 1 is the restrictive or absent one, and 0.5 sits between for anything conditional or untested. Read as a pair, the two scores show whether AI-assisted work can be protected here, and whether the office has said so in writing.

Within each axis the three questions carry equal weight. That is a deliberate choice, not an oversight. An AI developer might reasonably value freedom to train above patent inventorship, but weighting is where indices lose their credibility, so the score stays a flat mean and the choice is stated in the open. Each cell also cites a statute section, a case or an office page, so any single score can be challenged without disputing the rest.

Two positions are worth naming. A country can be open on the law but thin on machinery, an open-but-undeveloped stance that bets on ambiguity. Or it can be restrictive on rights yet run an active office, a restrictive-but-developed stance that reflects a settled policy choice rather than a gap. The pair of scores tells those two apart where a single ranking would blur them.

Calibration

Testing the scale against known ground

A rubric is only as good as the results it produces on cases where the answer is already known. These three jurisdictions sit outside this series and are scored with the same six questions, as a check. Their law is the best documented anywhere, so if the scale puts them where the law actually sits, the scale is doing its job. They are reference points, not editions.

United StatesAccommodation 0.33 · Institution 0.17
Q10Q20.5Q30.5Q40Q50Q60.5

Firm judicial settlement at both poles and the weakest statutory position on training. The courts have closed the door on AI inventors and AI authors, while everything on training rides on unresolved fair-use litigation. There is no per se duty to declare AI use in a filing, only a candour duty that bites where the use is material.

Thaler v. Vidal, 43 F.4th 1207 (Fed. Cir. 2022); Thaler v. Perlmutter (D.C. Cir. 2025), cert. denied 2 Mar 2026; Bartz v. Anthropic (N.D. Cal. 2025); USPTO revised inventorship guidance, 90 Fed. Reg. 54636 (28 Nov 2025); 89 Fed. Reg. 58128 (17 Jul 2024); 89 Fed. Reg. 25609 (11 Apr 2024).

EuropeAccommodation 0.17 · Institution 0
Q10Q20.5Q30Q40Q50Q60

The most permissive statutory position on training and the strongest transparency duty in force, sitting over an authorship question no court has answered. Read the label carefully: training and transparency run through EU law, but patents run through the EPO under the European Patent Convention, which is not an EU institution and covers 39 states.

Directive (EU) 2019/790, arts. 3 and 4; Regulation (EU) 2024/1689, art. 53(1)(c) and (d); EPO J 8/20 (2021); EPO Guidelines G-II 3.3.1 (2026 edition); Infopaq C-5/08; Painer C-145/10.

United KingdomAccommodation 0.33 · Institution 0.67
Q10Q20.5Q30.5Q40.5Q50.5Q61

Liberal on patents since the Supreme Court abandoned the Aerotel test in February 2026, conservative on copyright, and currently thin on AI-specific machinery after the dedicated AI examination guidance was withdrawn. Section 9(3) nominally protects a work with no human author for 50 years, the widest AI-output right on paper, but no court has ever applied it to generative AI.

CDPA 1988 ss. 9(3), 12(7), 29A, 178; Thaler v Comptroller-General [2023] UKSC 49; Comptroller-General v Emotional Perception AI [2026] UKSC 3; UKIPO practice notice, 14 Jul 2026; Data (Use and Access) Act 2025 ss. 135 to 137.

The check earned its keep twice. The untested rule held: section 9(3) of the UK Copyright Act reads like the widest AI-output right anywhere, yet because no court has applied it to generative AI it scores as untested rather than open, which is the correct answer and the one a headline reading would miss. The check also exposed a limit worth stating. The Institution axis measures AI-specific machinery, not general office capacity, so a long-established office can score poorly when it has withdrawn its AI guidance and imposes no disclosure duty. Read that axis as what an office has built for AI, nothing wider.

Scorecard

The evidence, question by question

Each row below carries the test we applied and the finding behind the score, with a source. The rationale, not the number, is the point.

Direction of travelStable. The intellectual-property orders date from 1989 and are not being amended for AI, so the six questions rest on human-authorship and human-inventor rules with no reform in motion. There is no AI strategy, bill or office guidance to move any of them, so the AI-specific movement is entirely at the international level, a founding seat in the AI cooperation organization, with nothing reaching the copyright or patent questions. This is recorded apart from the scores: a pending change is signal, not yet the rule.

Scores verified 21 July 2026, against AIP Index codebook v1.0. A score is only true as of its date.

0 · open or developed0.5 · conditional or emerging1 · restrictive or absent

Accommodation: what the law permits

Mean 0.67
0.5
Q1. Patentability of AI-assisted inventions

What we look forA granted patent or a clearly workable examination route, not merely a silent statute.

The findingThe industrial-property order vests the right to a patent in the inventor, treated as a natural person, so an AI-assisted invention with a human inventor is open in principle while the machine cannot be named. Grants run through the regional office, no examination practice addresses AI-assisted inventions, and no DABUS-type filing has tested Lesotho.

Industrial Property Order 1989, s.6; WIPO Lex
0.5
Q2. Copyright in AI-generated output

What we look forProtection applied where human choices shape the work, and refusal of purely machine output.

The findingThe copyright order protects authors of original works by the sole fact of creation, an implicitly human author, so a human who directs an AI tool and contributes authorship can hold rights, while purely AI-generated output has no qualifying author and no route to protection. There is no computer-generated-works provision and no ruling tests the point, so it is untested.

Copyright Order 1989, s.3; ARIPO
1
Q3. Training and text-and-data-mining

What we look forA statutory or judicial mining lane. Silence scores against the miner, since the reserved-rights default governs.

The findingThere is no training or text-and-data-mining exception. The free-use exceptions in section 9 are a closed enumerated list, with no open fair-use clause and no mining carve-out. With copyright silent, the reserved-rights default governs the use of works for training.

Copyright Order 1989, s.9; ARIPO

Institution: how developed the machinery is

Mean 0.83
0.5
Q4. WIPO Conversation participation

What we look forA traceable, substantive submission on the record, not bare membership.

The findingLesotho is a WIPO member and an ARIPO member, but the WIPO Conversation submissions record shows no traceable submission from Lesotho or the regional office, and no substantive session participation was found. Membership without a submission earns the middle.

WIPO Conversation record; WIPO Lex member profile
1
Q5. National IP office AI guidance

What we look forA standalone AI examination text, not AI handled quietly under general practice.

The findingNo dedicated guidance from the Registrar General or the regional office on examining AI-related filings was found; patents are administered through the regional route. A reasonable-search negative.

Registrar General; ARIPO
1
Q6. Disclosure or transparency duty

What we look forA mandatory declaration inside the filing, not a proposal or an informal request.

The findingNo filing requires declaring AI use, and no in-force instrument imposes a labeling or transparency duty on AI-generated content. There is no AI policy in force to carry such a duty.

Copyright and industrial-property filing provisions

Conclusions

Can AI be named as inventor?
No; the industrial-property order vests the right in a natural-person inventor
Statutory opt-out from training?
None; with no training exception there is nothing to opt out of
Volume of disputes
None in intellectual property, and none reported in AI more broadly

Instruments where AI meets IP

Copyright & patents

Copyright Order 1989 (Order No. 13 of 1989)

The authorship framework.
Government; in force; administered by the Registrar General
It protects authors of original works by the sole fact of their creation, an implicitly human author, and carries no computer-generated-works provision. Its free-use exceptions are a closed enumerated list with no text-and-data-mining exception, and protection runs for life plus fifty years.
Copyright & patents

Industrial Property Order 1989 (Order No. 5 of 1989, as amended)

The patent and design framework.
Government; in force; administered by the Registrar General
The right to a patent belongs to the inventor, a natural person, and a patent granted through the African Regional Intellectual Property Organization designating Lesotho has the same effect as a domestic grant. No AI-inventorship provision.

The case record

No reported decision. As of July 2026 there is no published court decision or IP office ruling in Lesotho on AI authorship, training-data infringement, AI inventorship or an AI registration. None in intellectual property, and none reported in AI more broadly; there is no accessible public court record to draw on.

Method. Six questions, three per axis, scored 0, 0.5 or 1 against AIP Index codebook v1.0. The three questions in each axis are weighted equally by choice, and the two axes are reported as a pair, never blended into one number. Every score cites a statute, case or office page, carries a verified date, and records its direction of travel apart from the level. Positions are editorial judgements read from primary law and office practice, not official scores. WIPO's public catalogue of IP-office AI initiatives does not score jurisdictions on this basis, so the readings here come straight from the source law. Not legal advice.

04About

Why this exists

The Kingdom of Lesotho has no AI-specific law and no adopted AI strategy, only a draft AI policy validated in 2025. What governs the field is general law, and even that is thinly enforced: a data-protection act of 2011 sits on the statute book, but the commission it creates was never appointed, so the law is largely unenforceable. The intellectual-property statutes date from 1989, confining authorship and inventorship to human makers, and patents run regionally, with a patent granted through the African Regional Intellectual Property Organization taking domestic effect by statute. Lesotho is a founding member of the World Artificial Intelligence Cooperation Organization, confirmed with a named signatory, its foreign minister having signed in Shanghai. For a small landlocked kingdom with almost no domestic AI governance, that confirmed founding seat is the profile's centre of gravity.

The site does three things: it maps every instrument that governs AI in Lesotho, 11 of them, ordered by how hard each one binds; it reads the same instruments a second time by how squarely each is written for AI; and it records the matters where AI meets the law, with what was searched and found empty stated as plainly as what was found. Every claim traces to a primary source, and absences are recorded rather than papered over.

A membership claim enters this table only from an official list: a declaration annex, a treaty signature table, an organization's own record or an official government statement. Lesotho's standout credential is a founding seat in the AI cooperation organization confirmed with a named signatory.

Behind this country report

Muhammad Deckri AlgamarIP & digital law · LL.M. (IE-WIPO), AIGP

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An independent research and educational project. Information is provided as-is, may be incomplete, and does not constitute legal advice. Case entries record reported proceedings on a stated date, drawn from public sources, not a legal finding of guilt or liability.