English - African Commission on Human and Peoples' Rights

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4. We, therefore, are unanimously of the view that the country needs to embrace theProportional Representation model as soon as is practically possible and to movein that direction forth with.5. This tribunal, well aware of certain factors (including but not confined to the timeconstraints involved in holding the election by May 2000) which have been arguedbefore us by counsel on both sides and which impinge upon the model to beapplicable in the 2000 election, has decided to make a two pronged awarded in thefollowing terms:5.1 for the 2000 election only the mix ratio of constituency seats (FPTP) toProportional Representation (PR) shall be 80/50.5.2. thereafter the mix ratio shall be on the basis that the FPTP and PR are 50%each of the seats in the National Assembly.The Government and the Interim Political Authority is currently fine- tuning details of theProportional Representative aspect of the model and serious negotiations to this end arebeing chaired by Bishop Khoarai. In compliance with the demand of the InterimPolitical Authority, Government acceded to the demand that the Chairman and 2<strong>Commission</strong>ers of the Independent Electoral <strong>Commission</strong> step down. The Chairman and2 <strong>Commission</strong>ers were paid their terminal benefits.There after political parties made nominations to the Council of State, names of personsto be appointed. These were scrutinised and finally three persons were appointed to theIndependent Electoral <strong>Commission</strong> (IEC), as documented in Legal Notice No. 54 of2000. They are Merses Leshele Abel Thoahlane - Chairman; Mokhele Rantsie Likate- Member; and Mafole Sematlane - Member.Meanwhile the fifty soldiers, who were alleged to have been behind the mutiny inLesotho Defence Force, which culminated in the unlawful dismissal of senior armyofficers, were arraigned before a Court Martial, established in terms of section 127 of1993 Constitution. Of these 9 were discharged. The trial of the said soldiers is still goingon.The trial of police men, who also allLcdly mutinied in 1994 has ended. The judge iswriting niklument. It had been antictrued that judgment would have been delivered onthe 28 Ali' II, 2000, but it was postponed to 30 May 2000, and again to 30 June. It hasbeen once again postponed to 30, July 2000. Regarding the murder of the Deputy PrimeMinister Selometsi Baholo in 1994, H suspects were arrested after SADC interventionin September 1998. They are awaiting trial.15
The Government and Independent Political Authority (IPA ) aeiced to eng,te L. outsideconsultants (one from Ghana and the other from Denmark), to evaluate the processcarried out by the IPA in preparation for the proposed next elections. The Consultantshave accordingly advised that given what is still outstanding to be done in preparation Forelections, the realistic time is between 10 - 12 months from 1st May 2000, which meansMarch 2001.In the meantime, the Government established a <strong>Commission</strong> of inquiry into politicaldisturbances of September 1998, in terms of Legal Notice 33 of 2000, pursuant to section3 of the Public Inquiries Act No. 1 of 1994. The <strong>Commission</strong> is chaired by Mr. JusticeR.N.Leon, with Justice J. Browde and B.L.L. Shearer as members. The terms ofreference are as follows:-(a)(b)(c)(d)(e)to investigate, probe, examine and analyse the background to political instabilityand disturbances which occured in Lesotho during the period between 1s1 July,1998 to 30th November, 1998;to identify the political parties and the persons who spear-headed and individualswho organised, participated in all activities related to the demonstration before theRoyal Palace;to investigate and examine as to whether there was a conspiracy, to destabilise andoverthrow the lawfully constituted Government of the Kingdom of Lesotho;to establish the circumstances relating to the aforesaid conspiracy, to identify thebodies or persons who covertly participated or assisted in the said conspiracyincluding the role played by them in furtherance of the conspiracy to destabiliseand overthrow the lawfully constituted Government of the Kingdom of Lesotho;to examine the role played by the Lesotho Defence Force in the preservation andmaintenance of law and order in the Kingdom of Lesotho.(0 to examine and analyse the role played by the Lesotho Mounted Police Service inthe preservation and maintenance of law and order in the Kingdom of Lesotho;(g)(h)to examine and analyse the role played by the National Security Service in theprotection and preservation of the National Security of Lesotho;to examine, analyse and appraise the various incidents relating to the confrontationbetween elements of the Lesotho Defence Force and the Lesotho Mounted PoliceService which took place in and around the Royal Palace Maseru;16
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 and 20: Now that three years have passed ev
Page 21 and 22: In particular it was pointed out in
Page 23: participate hi the elections;• el
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
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This issue is of concern to many NG
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oadening of the democratic process
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Lesotho is a member of the United N
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in section 33, which provides:With
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Consequently, the government of Les
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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
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English - African Commission on Human and Peoples' Rights

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