The Electoral Pledge

Country/entity
Lesotho
Region
Africa (excl MENA)
Agreement name
The Electoral Pledge
Date
11/12/2014
Agreement status
Multiparty signed/agreed
Agreement/conflict level
Intrastate/intrastate conflict (Lesotho Crisis (1998)
After Lesotho became independent in 1966, the Basotho National Party (BNP) established a one-party-system that lasted for almost three decades. After being beaten in elections in 1998, street protests against the new government were initialized; paving the way for a coup attempt by a faction of the national army. The conflict escalated when South African and Botswanan troops intervened in support of the elected government and although the revolt was effectively dampened by the end of the year, the political situation has remained fragile since.

Lesotho Crisis (1998) )
Stage
Framework/substantive - partial (Core issue)
Conflict nature
Government
Peace process
68: Lesotho process
Parties
the Government of Lesotho and the Interim Political Authority (IPA) including the following parties;
All Basotho Convention [Signed]
ACFD/BAENA [Not Signed]
Basotho Congress Party [Signed]
All Democratic Cooperation [Signed]
African Unity Movement [Signed]
Basotho Batho Democratic Party [Signed]

Basotho Democratic National Party [Signed]
Basotho National Party [Signed]
Basotho National African Congress [Signed]
Democratic Congress [Signed]
Lesotho Congress for Democracy [Signed]
Lekhotla la Meetlo [Not Signed]
Lesotho People's Congress [Signed]
Lesotho Workers Party [Signed]
Marematlou Freedom Party [Signed]
National Independent Party [Signed]
Progressive Democrats [Not Signed]
Popular Front for Democracy [Signed]
Sankatana Party [Not Signed]
Whitehorse Party [Not Signed]
Third parties
ENDORSED BY:
SADC Facilftator, Deputy President of South Africa, H. E. Cyril Ramaphosa [Signed]
SADC Mission to Lesotho (SOMILES) Head of Mission, Mr. Fannie Phakola [Signed]

Witnessed by:
College of Chiefs [Not signed]
Lesotho Council of NGOs [Signed]
Christian Council of Lesotho [Signed]
Description

Agreement document
LS_150200_Signed Electoral Pledge.pdf []

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
Anti-discrimination
Page 5, PART THREE
21. Undertake to repeatedly and publicly condemn violence, and to:
... 21.7 Abstain from discrimination on grounds of race, sex, ethnicity, class, gender or religion in the election campaign,...
Religious groups
Anti-discrimination
Page 5, PART THREE
21. Undertake to repeatedly and publicly condemn violence, and to:
... 21.7 Abstain from discrimination on grounds of race, sex, ethnicity, class, gender or religion in the election campaign,...
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
Anti-discrimination
Page 5, PART THREE
21. Undertake to repeatedly and publicly condemn violence, and to:
...21.7 Abstain from discrimination on grounds of race, sex, ethnicity, class, gender or religion in the election campaign,...

Gender

Women, girls and gender
Page 5, PART THREE
21. Undertake to repeatedly and publicly condemn violence, and to:
... 21.7 Abstain from discrimination on grounds of race, sex, ethnicity, class, gender or religion in the election campaign, and
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

State definition
No specific mention.

Governance

Political institutions (new or reformed)
General references
Page 5, PART THREE
21. Undertake to repeatedly and publicly condemn violence, and to:
… 21.3 Abstain from plagiarising the insignia of other parties,
… 21.6 refrain from using social or institutional power for political purposes,
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
No specific mention.
Elections
Page 1, Untitled Preamble,
… NOTING that in terms of the Maseru Facilitation Declaration, parties agreed that the National Assembly Elections be brought forward and be held by the end of February 2015.

Page 1, Untitled Preamble,
… CONSCIOUS that the signatories to the Maseru Facilitation Declaration agreed that the Independent Electoral Commission (IEC) has the responsibility to conduct these elections on a credible, free and fair basis.

Page 2, Untitled Preamble,
… COGNISANT of the current situation, it is therefore imperative that all stakeholders further consolidate the gains that have been made by ensuring that a climate conducive for elections to take place on a free and fair basis is created and sustained.


Page 2, Untitled Preamble,
… CONFIRMING that democratic elections require enhanced transparency, accessibility and credibility of election and democratic governance as well as the acceptance of election results by all contesting parties.

Page 2, Untitled Preamble,
… DESIROUS of assuring all Basotho of our dedication to democracy, the rule of law, and the conduct of peaceful, credible, free and fair elections,

Page 2, Untitled Preamble,
… COMMITTED to the principles set out in the Lesotho Electoral Code of Conduct, 2011,;

Page 2, PART ONE
WE, the signatories to this Pledge, commit to -
1. Honour the Constitution, the National Assembly Elections Act 2011, and other laws of the Kingdom of Lesotho in our conduct during the elections;
2. Observe the Electoral Code of Conduct;
3. Take all necessary steps to ensure the elections to be held on 28 February 2015 will reflect the will of the citizens of the Kingdom of Lesotho and will be credible, free and fair;
4. Accept our obligation to assist in promoting the creation of a climate conducive to the holding of free and fair elections;
5. Ensure there is no discrimination in the voters’ registration;

Page 3, PART ONE
... 6. Ensure the voters’ roll is up to date and accessible;
... 8. Refrain from taking any steps that may undermine the holding of free and fair elections and from taking any action directly or indirectly that shall militate against the creation of a climate that is conducive for free and fair elections to be held;
9. Refrain from showing prejudice or favour in the use of state resources and institutions, to pursue party political interests or act in any other manner that may jeopardise the holding of free and fair elections; and
10. Refrain from undertaking any actions that may undermine the stability of the institutions of the state and compromise the creation of an environment that is conducive for credible, free and fair elections, including the removal, appointment, demotion or promotion of key officials within the state during the period prior to the elections, subject to due and legal process being followed.
11. Ensure that public servants and officials do not conduct themselves in a manner that may undermine the stability of the institutions of the state and compromise the creation of an environment that is conducive for credible, free and fair elections.

Page 3, PART TWO
Support for the Independent Electoral Commission
WE, the signatories to this Pledge undertake that we shall
12. Respect and promote the independence of the IEC;
13. Support the IEC in its mandate to facilitate the holding of free and fair elections;

Page 4, PART TWO,
… 14. Cooperate with the IEC and facilitate its access to campaign and electoral events;
15. Assist the IEC in obtaining the capacity it needs in order to fulfil its mandate and assisting it in securing its assets and the safety of its officials;
16. Ensure no person or organisation interferes with or impedes the work of the IEC;
17. Welcome and assist the work of any and all electoral monitors or observers that will come to the Kingdom of Lesotho;
18. Accept the results of the upcoming elections when declared credible, free and fair by the IEC and accredited independent observers;
19. Work within the bounds of accepted electoral rules to lodge any grievances that might reasonably arise from the electoral process.

Page 4, PART TWO,
... 18. Accept the results of the upcoming elections when declared credible, free and fair by the IEC and accredited independent observers;
19. Work within the bounds of accepted electoral rules to lodge any grievances that might reasonably arise from the electoral process.

Page 4, PART THREE
Commitment to free and fair electoral political campaigning
WE the political parties signing this pledge commit to:
20. Comply with the provisions of the Lesotho Electoral Code of Conduct, 2011, and in particular to affirm the rights of all participants to - [See Civil and Political Rights]
Electoral commission
Page 1, Untitled Preamble,
… CONSCIOUS that the signatories to the Maseru Facilitation Declaration agreed that the Independent Electoral Commission (IEC) has the responsibility to conduct these elections on a credible, free and fair basis.

Page 3, PART TWO
Support for the Independent Electoral Commission
WE, the signatories to this Pledge undertake that we shall
12. Respect and promote the independence of the IEC;
13. Support the IEC in its mandate to facilitate the holding of free and fair elections;

Page 4, PART TWO,
… 14. Cooperate with the IEC and facilitate its access to campaign and electoral events;
15. Assist the IEC in obtaining the capacity it needs in order to fulfil its mandate and assisting it in securing its assets and the safety of its officials;
16. Ensure no person or organisation interferes with or impedes the work of the IEC;
17. Welcome and assist the work of any and all electoral monitors or observers that will come to the Kingdom of Lesotho;
18. Accept the results of the upcoming elections when declared credible, free and fair by the IEC and accredited independent observers;
19. Work within the bounds of accepted electoral rules to lodge any grievances that might reasonably arise from the electoral process.

Page 4, PART TWO,
... 18. Accept the results of the upcoming elections when declared credible, free and fair by the IEC and accredited independent observers;
19. Work within the bounds of accepted electoral rules to lodge any grievances that might reasonably arise from the electoral process.
Political parties reform
No specific mention.
Civil society
Witnessed by:
… Lesotho Council of NGOs [Signed]
Traditional/religious leaders
Page 7,
Witnessed by:
... Christian Council of Lesotho [Signed]
...College of Chiefs [Not signed]
Public administration
Page 3, PART ONE
… 11. Ensure that public servants and officials do not conduct themselves in a manner that may undermine the stability of the institutions of the state and compromise the creation of an environment that is conducive for credible, free and fair elections.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL
Page 2, Untitled Preamble,
… DESIROUS of assuring all Basotho of our dedication to democracy, the rule of law, and the conduct of peaceful, credible, free and fair elections,
Equality
Page 5, PART THREE
21. Undertake to repeatedly and publicly condemn violence, and to:
... 21.7 Abstain from discrimination on grounds of race, sex, ethnicity, class, gender or religion in the election campaign, and
Democracy
Page 2, Untitled Preamble,
… CONFIRMING that democratic elections require enhanced transparency, accessibility and credibility of election and democratic governance as well as the acceptance of election results by all contesting parties.


Page 2, Untitled Preamble,
… DESIROUS of assuring all Basotho of our dedication to democracy, the rule of law, and the conduct of peaceful, credible, free and fair elections,
Protection measures
No specific mention.
Human rights framework
Treaty incorporation
Page 2, Untitled Preamble,
… AFFIRMING and adhering to the principles adopted by the SADC and the AU, as set out in the SADC Principles and Guidelines Governing Democratic Elections and the OAU/AU Declaration on the Principle-s Governing Democratic Elections in Africa.
Civil and political rights
Thought, opinion, conscience and religion
Page 4, PART THREE
Commitment to free and fair electoral political campaigning
WE the political parties signing this pledge commit to:
20. Comply with the provisions of the Lesotho Electoral Code of Conduct, 2011, and in particular to affirm the rights of all participants to -
20.1. express differing views, debate and contest each other's policies and programmes;
20.2 canvass freely for membership and support, hold meetings, rallies and marches, attend meetings of others;
20.3 distribute campaign literature and materials, publish notices and adverts and promote free campaigning within the law; and
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
No specific mention.
Detention procedures
No specific mention.
Media and communication
Media roles
Page 3, PART ONE
... 7. Facilitate all political parties' access to state media and other forms of disseminating their political views;

Page 5, PART THREE
21. Undertake to repeatedly and publicly condemn violence, and to:
… 21.3 Abstain from plagiarising the insignia of other parties,
Citizenship
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
No specific mention.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
Page 1, Untitled Preamble,
… AWARE that the Maseru Facilitation Declaration called on all stakeholders to play their part in restoring political and security stability to the Kingdom of Lesotho.

Page 1, Untitled Preamble,
… RECALLING that the Maseru Security Accord, dated 23 October 2014, was entered into between the security sectors specifically to stabilise the security situation in Lesotho.

Page 5, PART THREE
21. Undertake to repeatedly and publicly condemn violence, and to:
21.1. Refrain from language that incites violence or intimidation,
21.2. Refrain from carrying weapons at public political events,
...21.4 Discourage the removal, disfigurement or destruction of other parties’ material,
Ceasefire
No specific mention.
Police
Page 5, PART THREE
21. Undertake to repeatedly and publicly condemn violence, and to:
... 21.8 Refrain from involving the Lesotho Defence Force, Lesotho Mounted Police service, National security Service and Lesotho Correctional Service in political activities.
Armed forces
Page 5, PART THREE
21. Undertake to repeatedly and publicly condemn violence, and to:
... 21.8 Refrain from involving the Lesotho Defence Force, Lesotho Mounted Police service, National security Service and Lesotho Correctional Service in political activities.
DDR
No specific mention.
Intelligence services
Page 5, PART THREE
21. Undertake to repeatedly and publicly condemn violence, and to:
... 21.8 Refrain from involving the Lesotho Defence Force, Lesotho Mounted Police service, National security Service and Lesotho Correctional Service in political activities.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
Page 5, PART THREE
21. Undertake to repeatedly and publicly condemn violence, and to:
… 21.5 Abstain from offering material inducements to influence party membership, event attendance, voting decisions or candidacy nominations,
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
No specific mention.

Implementation

UN signatory
No specific mention.
Other international signatory
ENDORSED BY:
SADC Facilftator, Deputy President of South Africa, H. E. Cyril Ramaphosa [Signed]
SADC Mission to Lesotho (SOMILES) Head of Mission, Mr. Fannie Phakola [Signed]
Referendum for agreement
No specific mention.
International mission/force/similar
Page 4, PART TWO,
...17. welcome and assist the work of any and all electoral monitors or observers that will come to the Kingdom of Lesotho;
Enforcement mechanism
No specific mention.

The University of Edinburgh