LCN STAKEHOLDER REVIEW CONFERENCE - 13 TO 15 APRIL 2005

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E.O. 12958: N/A
TAGS: PGOV KDEM LT
SUBJECT: LCN STAKEHOLDER REVIEW CONFERENCE - 13 TO 15 APRIL 2005



1. SUMMARY. This is one of a series of messages on Lesotho's
upcoming elections. The Lesotho Council of Non-governmental
Organizations (LCN) organized an April 13-15 stakeholder review
conference on the forthcoming local government elections. This
was yet another initiative by LCN to enhance stakeholders'
participation in preparation for polling day on April 30. The
official opening of the conference was attended by the Minister
of Local Government, Members of the Diplomatic Corps (including
the DCM) representatives of international organizations and
other members of the donor community, representatives of the
Christian Council of Lesotho (CCL),leaders of political
parties, academics from the National University of Lesotho (NUL)
and the Chairman of the Independent Electoral Commission (IEC).
Presentations by opposition parties and academics from the NUL
challenged the legality of the one-third quota system and the
government's commitment to devolution They also said that
absence of regulations would lead to entrenching the ruling
party's power base through illegal use of government resources .
The Chairman (IEC) also made a presentation of the preparations
for the April 30 local government elections. END SUMMARY.


2. The Executive Director of LCN, Mr. Seabata Motsamai noted
with concern that the stakeholders conference comes at a time
when the country is faced with great challenges ranging from
extreme poverty, unemployment, economic uncertainties, and high
HIV/AIDS prevalence. Motsamai pointed out that as early as 1991,
the LCN has persistently fostered a culture of dialogue to
bring different societal groupings closer in order to share and
map a way forward in areas of socio-economic and political
development. He indicated that it is this history that the LCN
wishes to maintain. Motsamai outlined the objectives of the
conference as (i) to foster the culture of dialogue on national
issues (ii) to build consensus and identify areas of contention
of the electoral process on the imminent local government
elections and (iii) to highlight post-elections issues in an
endeavor to further dialogue. He concluded by emphasizing that
local government should be seen as a means of enabling
communities to shape their own destiny.


3. Speaking for the international community, the UN Resident
Coordinator and UNDP Resident Representative, Mrs. Hodan
Haji-Mohamud commended the LCN for convening the conference on
the eve of elections. She also expressed her delight for the
presence of the international community at the
forum.Haji-Mohamud reiterated the UN's support for the
governance reforms that the Government of Lesotho has formulated
through its decentralization policy. She stated that the
international community was confident that the local government
elections will go a long way towards creating a conducive
climate for better governance, greater citizen participation,
increased public accountability and enhanced delivery of public
services. She stressed that the efforts of the international
community and those of Lesotho's other development partners will
bear fruit only if Basotho themselves come together to ensure
the forthcoming elections are successful.


4. LCN President, Ms. Mots'eoa Senyane also delivered her
remarks and declared the conference officially open. She stated
that her organization's mission is to complement the Government
of Lesotho in its mandate to improve the lives of Basotho. Ms.
Senyane pointed out that since 2003 the LCN through its
Democracy and Human Rights Commission, has held at least three
fora on local government program for a number of different
sectors of society. She also indicated that election
observation by NGOs is going to be difficult due to limited
funds available to the LCN. The LCN President was quick to
stress that support from the development partners, especially
the resident ones, has been quite weak and this has in turn
limited the activities of the NGOs in as far as the local
government program is concerned . She concluded by expressing
her desire that through the presentations and deliberations in
the conference, the NGO community will learn of issues that will
inform the development program that is aimed at consolidating
democracy in Lesotho.


5. Dr. Nqosa Mahao, a constitutional expert from the NUL
Faculty of Law, made a presentation on the constitutionality of
reserving one-third (1/3) of the electoral divisions for women,
as stipulated in the applicable election law. He stated that
the provision creating the quota system contravenes the
Constitution because of its discriminatory element against men.
He added that the Constitution grants the right to participate
in politics on an equal footing regardless of gender, race or
creed. Dr. Mahao also observed that the political climate in
Lesotho is still uncertain because there is still a problem with
legitimacy of institutions and lack of political maturity. He
indicated that unlike in the first world countries, there is no
consensus on political principles in Lesotho. He also said there
are no attempts to reach agreement on priorities for
development. Dr. Mahao stressed that the country faces the
difficult challenge of how to institutionalize and nurture
democratic governance, both at national and local levels.
Professor Francis Makoa, Head of Political and Administrative
Studies at NUL also made a presentation and provided an
analytical view of the local government electoral process. He

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indicated that there is deep mutual mistrust and antagonism
between the ruling party and opposition parties and this does
not provide for a good political setting prior to the elections.
Makoa stated that at present, the Local Government Act of
1997 does not have any regulations in place including the role
of chiefs and the relationship between local councils and
central government are not clear. Professor Makoa expressed fear
that there is no real commitment to devolution by the
government. He emphasized that local and district councils
should be true representatives of the people in the local
communities and not agents of the central government..


6. Opposition parties reiterated their stance regarding the
legitimacy of these elections. They argued that the 1/3 quota
system is unconstitutional, the electoral model of first past
the post was not suitable for Lesotho because in is not
inclusive and the manner in which the electoral divisions were
drawn by the IEC was not in compliance with the law. The
opposition parties pointed out that the IEC did not take the
following matters into consideration as stipulated in the Local
Government Elections (Amendment) Act of 2004: the number of
voters, physical features of electoral divisions and any
peculiarity in the distribution of the population; and the
social and cultural ties of communities. The opposition parties
also contend that lack of clarity for the role of chiefs is a
potential source of conflict. They concluded by requesting the
IEC to postpone the elections by at least three months. The
IEC Chairman, Mr. Leshele Thoahlane conceded that there were
discrepancies in the preliminary voters lists that were issued
to political parties but promised to rectify them. He also
admitted that the IEC failed to update the voters lists to the
disadvantage of 18 year olds in several remote areas of the
country. However, Thoahlane argued that this does not warrant
postponement of the elections as demanded by the opposition
parties.


7. The Minister of Local Government, Dr. Ponts'o Sekatle
stated that the timing of the conference is a source of concern
due to the fact that local government elections are just weeks
away. She pointed out that instead of finalizing the process of
elections, opposition parties and NGOs are challenging the
legality of the electoral divisions reserved for women
candidates and the manner in which the community councils have
been divided into electoral divisions by the IEC. Dr. Sekatle
urged the leaders of political parties and NGOs to adopt a "can
do" attitude and not a "can't do" attitude. She said despite the
hiccups that have been encountered, preparations at an advanced
stage for the forthcoming elections. She appealed to political
parties, the IEC and NGOs to encourage the electorate and go to
the polls on April 30.


8. COMMENT: The conference generated heated debate on a
variety of contentious issues around the forthcoming local
government elections, and no consensus was reached. The
opposition parties and NGOs, however, agreed to continue
dialogue with the ruling party in the post election period. They
also agreed to intensify civic education and review electoral
models. Without detracting from comments by the LCN President,
it should be noted that post has arranged USG funding for
various training programs through the USAID RCSA in Gaborone for
stakeholders in the local government elections. End Comment.



































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