US embassy cable - 05MASERU213

UNCLAS SECTION 01 OF 03 MASERU 000213 
 
SIPDIS 
 
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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PERRY