English - African Commission on Human and Peoples' Rights

More documents

Recommendations

Info

On the 17`hAugust 1998, the armed protestors led by youth groups, clashed with thepolice, and as a result, some people were injured or killed. Thereafter the protestorsforced people to observe stay away from work and also vandalised property belongingto street vendors. This period witnessed serious violation of human rights, including theright to life, the right to own property, the right to liberty of movement, etc. Work in theGovernment offices in Maseru was brought to a stand still. Both Parliament and thecourts stopped functioning. This led to a total break down of law and order. Theprotestors resorted to seizing Government and parastatal corporations' vehicles andcommandeered them to the Royal Palace. The official cars of two judges of the HighCourt were seized by protestors and completely destroyed. The vehicle of the HonourableMinister of Justice, Human Rights and Rehabilitation was also stoned and the rear sidescreen was shattered.Prior to the situation deteriorating further, the then South <strong>African</strong> Deputy President, Mr.Thabo Mbeki, was invited to Lesotho on the 10'h A ugust 1998, by the opposition parties,in order to intervene and mediate. He suggested to the government and the oppositionparties the idea of having an independent audit of the election results. In the mean timea three point agreement was reached, i.e• all parties agreed to seek to normalise life in Maseru, to remove vigilantesfrom the streets and allow normal traffic flow.• humanitarian relief would be allowed to go to these most affected, andpeople would again have access to hospitals, food, shops, banks, funeralservices, etc.• all parties agreed to commit themselves to the independent audit of theelection results.As agreed, a <strong>Commission</strong> of Enquiry into the conduct and results of the Lesotho GeneralElections, held in May 1998, was established to look into the alleged fraudulent acts incompilation of the voters roll; alleged irregularities in the demarcation process; allegedirregularities in the counting of votes; alleged irregularities in reconciliation of votes castwith the voters roll; and any acts of vandalism in respect of materials. The <strong>Commission</strong>was required to make recommendations to SADC, through its chairperson on possiblesolutions to the impasse.The <strong>Commission</strong> released its irpoi t on 17' September, 1998, and inter alia found thatthere had been a number of it ri..2ularities pertaining to non observance of procedures aslaid down in the law. How e \ U the <strong>Commission</strong> could not say whether the electionresults of the 23rd May, 1998, did not in effect constitute a reflection of the wish ofLesotho's electorate.11
In particular it was pointed out in recommendation 6.1 that:the evidence and counter evidence of the opposition auditorsand MC auditors does not provide conclusive proof that theannounced results and the actual results are correct or rigged.The report went further to say in recommendation 7.7 that:... it has been suggested that a new general election should be heldon the basis that irregularities cast doubt on the fairness of the 1998elections. We are unable to say that the invalidity of the elections hasbeen conclusively established. We point out, however, that some of theapparent irregularities and discrepancies are sufficiently serious concernsWe cannot however postulate that the result does not reflect the will of theLesotho electorate. We merely point out that the means for checking thishas been compromised and created much room for doubt.The Government, faced with this grave insecurity, following a breakdown of law andorder, invited the intervention of SADC countries, in order to restore law and order aswell as to reinstate the senior army officers, who had been forced out of the armyunconstitutionally.The SADC forces entered Lesotho in the early hours of September 22, 1998. Theyencountered resistance at Makoanyane Barracks, resulting in a number of deathsincluding 10 SADC Soldiers. The scenario changed for the worst, when certain elemenfQin the alliance of opposition parties deliberately and systematically set fire to buildilesin Maseru, Mafeteng, Mohale's Hoek and Roma including private dwellings belonto Lesotho Congress for Democracy (LCD) members, including members of Parh aILeurand Ministers.According to a preliminary assessment the damage was estimated to be over M300million. This estimate includes the cost of demolition, reinstatement and professional feesof individual firms, who will do reconstruction. As a direct result of the conflict,between 90-100 people were killed, 200 were injured, 1000 were displaced, while 4016lost employment. This destruction had very serious social and economic consequencesfor every one in Lesotho.Government properP , in particular, the Local Government Ministry and the Labourdepartment buildings were destroyed, other Government buildings and vehicles w ere alsodestroyed, or stolen M looters. Part of the old High Court building, the civil registry andfiles, office equipment and two judges chambers were also burned to ashes.1 7
Page 2 and 3: ERRATAThe following spelling errors
Page 4 and 5: Title PageTABLE OF CONTENTSTable of
Page 6: Article 8(Freedom of conscience, re
Page 9 and 10: The Government, i.e the Monarchy, E
Page 11 and 12: Lesotho's newly found democracy did
Page 13 and 14: With all these powerful enemies ( o
Page 15 and 16: Total of estimated population censu
Page 17 and 18: 1.9 BASIC DOCUMENTS ON HUMAN RIGHTS
Page 19: Now that three years have passed ev
Page 23 and 24: participate hi the elections;• el
Page 25 and 26: The Government and Independent Poli
Page 27 and 28: The Department of Social Welfare is
Page 29 and 30: Several children are found abandone
Page 31 and 32: A revision has been made to this re
Page 33 and 34: 1.15 STEPS TAKEN TO PROTECT FAMILY
Page 35 and 36: The Motheris Union is an Anglican S
Page 37 and 38: The Council of State is made up of
Page 39 and 40: _--..■■••••Arramr•r",
Page 41 and 42: In accordance with section 4 of the
Page 43 and 44: circumstances of the case-(a)(b)(c)
Page 45 and 46: also increased among children from
Page 47 and 48: of a holistic approach to child hea
Page 49 and 50: of Lesotho Liberation Army, victims
Page 51 and 52: imprisonment;(2) Any Chief or Publi
Page 53 and 54: (1)(2)if a parent or guardian of a
Page 55 and 56: (3) Any person who is arrested or d
Page 57 and 58: ( statistics on such cases have not
Page 59 and 60: and free from interference and subj
Page 61 and 62: admissible in evidence against such
Page 63 and 64: interference, freedom to receive id
Page 65 and 66: Section 7 further empowers the Regi
Page 67 and 68: ARTICLE 12The constitution provides
Page 69 and 70: (i)to perform such other functions
Page 71 and 72:
(vi) in consequence of any law with
Page 73 and 74:
According to Section 30 of the Cons
Page 75 and 76:
1997 - 2001 UNICEF/GOL programme of
Page 77 and 78:
In addition to governmental efforts
Page 79 and 80:
This issue is of concern to many NG
Page 81 and 82:
oadening of the democratic process
Page 83 and 84:
Lesotho is a member of the United N
Page 85 and 86:
in section 33, which provides:With
Page 87 and 88:
Consequently, the government of Les
Page 89 and 90:
adopted an action plan of all the r
Page 91 and 92:
The Courts shall, in the performanc
Page 93:
I esoiho Cabinet Decisions:Cabinet
show all

English - African Commission on Human and Peoples' Rights

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?