2007 ELECTIONS DISPUTE: POLITICAL DIALOGUE POSTPONED

UNCLAS SECTION 01 OF 02 MASERU 000290

SIPDIS

DEPT FOR AF/S AND INR/AF

E.O. 12958: N/A
TAGS: PGOV LT
SUBJECT: 2007 ELECTIONS DISPUTE: POLITICAL DIALOGUE POSTPONED
INDEFINITELY

REF: A) MASERU 279 B) MASERU 269 C) 07 MASERU 223 AND PREVIOUS

MASERU 00000290 001.2 OF 002


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Summary
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1. Multi-party talks on the dispute over the allocation of
proportional representation seats following the 2007 national
elections began on Wednesday, August 19, 2009, as scheduled.
The Christian Council of Lesotho (CCL) Mediation Panel met with
representatives of Lesotho's political parties at the United
Nations Development Program (UNDP) conference hall in Maseru to
resume the talks that started a fortnight ago. The Independent
Electoral Commission (IEC) was in attendance as were several
ministers from the governing Lesotho Congress for Democracy
(LCD): Deputy Prime Minister Lesao Lehohla, as well as Ministers
of Foreign Affairs, Local Government and Chieftainship Affairs,
Communications, Science and Technology, and the Minister in the
Office of the Prime Minister. The leader of the largest
opposition party, the All Basotho Convention (ABC),was also
present. The talks concluded on Wednesday with no date set for
the next session.

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CCL Panel presides over smooth negotiations, but no progress made
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2. The CCL Panel was made up of Archbishop Bernard Mohlalisi of
the Roman Catholic Church; Bishop Phillip Mokuku of the Anglican
Church; Reverend Mokhahlane and Reverend Sentle Nthabane of the
Lesotho Evangelical Church; and Reverend Daniel Rafube of the
African Methodist Episcopal Church. Talks were reported to have
gone smoothly. However, the two sides have different views
about a High Court judgment pertaining to the case filed by
Marematlou Freedom Party (MFP) in 2007 (reftel c),which is one
of the central facets of the dispute. [Comment: These
differing views will likely lead to another impasse in the
negotiations. End Comment.]

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What will it take to get an agreement?
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3. The talks were open only to the stakeholders and the civil
society organizations involved in the mediation process.
According to the Lesotho Council of NGOs, the agenda for
subsequent talks will focus on:

- Reaching a common understanding on the interpretation of the
judgment of the High Court in the case of MFP vs. the IEC.

- Allocation of the Proportional Representation seats.

- Status of the Leader of the Parliamentary Opposition.


4. Since the discussion on the first agenda item was not
finalized, the CCL mediation panel will hold talks with
governing party and opposition parties and try to find common
ground and the way forward. The mediation panel advised
political leaders to avoid making statements that may discourage
the nation on the outcome of these talks -- including on
progress that has been made so far. They also requested the
media to report responsibly on these issues. The CCL concluded
by appealing to Basotho to exercise patience while the talks are
continuing and to pray to God for their success.


5. Some local analysts expressed fear that the current
situation may lead to voter apathy in the local government
elections scheduled for April 2010. Opposition parties have
already begun boycotting meetings convened by the IEC aimed at
making preparations for the elections. Rumors circulating in
Maseru suggest opposition parties are planning to boycott the
local government elections and the 2012 national elections if
there is no progress in the political dialogue. Opposition
parties have also expressed discontent regarding the governing
party's monopoly control of state television and radio.
Unconfirmed reports say civil society organizations are planning
to invite the local diplomatic corps to exert pressure on the
GOL to engage in the talks in a more constructive manner.

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Comment
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6. The political atmosphere is calm but tense. It is too early
to gauge the impact of the talks or offer a prognosis on their
success or failure. Local contacts from the NGOs involved in
the mediation stressed that the "ball is in the governing
party's court." Our contacts agree that the outcome of the

MASERU 00000290 002.2 OF 002


talks depends on the manner in which the LCD conducts itself.
They have also argued that the governing LCD can either reduce
tensions by compromising, or exacerbate the situation by being
intransigent. There is no indication at this point that the LCD
is considering any compromise.
NOLAN