Memorandum of Agreement between the Government of Lesotho and the Interim Political Authority (IPA)

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Country/entity: Lesotho
Region: Africa (excl MENA)
Agreement name: Memorandum of Agreement between the Government of Lesotho and the Interim Political Authority (IPA)
Date: 3 Dec 1999
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
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.
Stage: Framework/substantive - partial
Conflict nature: Government
Peace process: Lesotho process
Parties: The Government (meaning the Executive) and the Interim Political Authority (IPA);
CONTRACTING PARTIES
The Rt. Hon. Pakalitha Mosisili, Prime Minister;
Bereng A. Sekhonyana, Co-Chairperson IPA;
Lekhetho Rakuoane, Co-Chairperson, IPA
Third parties: GUARANTORS
H.E. President Joachim Chissano, President of the Republic of Mozambique and Current Chairman of SADC;

WITNESS
H.E. Chief Emeka Anyaoku, Commonwealth Secretary-General;
Mr. Edward Omotoso, United Nations Resident Coordinator;
H.E. Salim A. Salim, Organization of African Unity Secretary-General;
Description: A memorandum setting out an agreement reached about preparation to be taken for elections. It sets out the electoral-model to be used, and states that various groups and commissions will be created as follows: an expert group will be appointed to review the preparations for the elections and the timetable for elections, a new independent electoral commission appointed, a security liaison commission to take care of security, a contact group to meet with the prime minister, a joint committee on the media, joint implementation committee to facilitate implementation of the agreement and guarantors.

Agreement document: LS_991203_MoU between the government of Lesotho and IPA.pdf (opens in new tab) | Download 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: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: Page 1, Further agree that it is of the utmost importance that the preparations for the forthcoming general election are thorough, transparent, fair and free of irregularities in order to make the entire electoral process credible and the eventual result a true reflection of the will of the people of Lesotho. For the achievement of these objectives, the parties have therefore agreed as follows:

Page 1, The Electoral-Model
The parties unreservedly accept the award of the Arbitration Tribunal appointed in terms of Section 16 of the Interim Political Authority Act 1998 on the electoral model to be adopted for the forthcoming and subsequent elections. According to the award delivered on 5 October 1999, for the 2000 election only,the mix ratio of constituency seats (FPTP) to Proportional Representation (PR) shall be 80/50. Thereafter the mix ratio of FPTP and PR shall be 50% each of seats in the National Assembly.

Page 1, Timetable for the Next Election
[Summary] An expert group will be selected by the SADC Troika to advise on a realistic timetable for elections and ensure transparency.

Page 2, The Independent electoral Commission
Without in any way calling into question the integrity or professionalism of the present Independent Electoral Commission, the parties agree to facilitate the retirement of the present members of the Commission. A new electoral commission is then to be appointed as soon as possible in accordance with the Constitutional provisions. ...
Electoral commission: Page 2, The Independent electoral Commission
Without in any way calling into question the integrity or professionalism of the present Independent Electoral Commission, the parties agree to facilitate the retirement of the present members of the Commission. A new electoral commission is then to be appointed as soon as possible in accordance with the Constitutional provisions. ...
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→Proportionality in legislature
State level
Page 2, The Electoral-Model
The parties unreservedly accept the award of the Arbitration Tribunal appointed in terms of Section 16 of the Interim Political Authority Act 1998 on the electoral model to be adopted for the forthcoming and subsequent elections. According to the award delivered on 5 October 1999, for the 2000 election only, the mix ratio of constituency seats (FPTP) to Proportional Representation (PR) shall be 80/50. Thereafter the mix ratio of FPTP and PR shall be 50% each of seats in the National Assembly.
Power sharing→Political power sharing→Other proportionality
State level
Page 3, Government - IPA cooperation
8. To enhance communication between the IPA and the Prime Minister, a Contact Group of two representatives each of the Government and the IPA is to be established immediately for the purpose of periodic meetings with the Prime Minister.

Page 4, Joint Committee on the Media
9. A Joint Committee of the Government and the IPA is to be appointed upon the signing of this Agreement to ensure equitable access to the state owned media for all registered political parties. The Joint Committee will also ensure that political parties do not resort to statements or actions, which are inflammatory or untoward.

Page 4, Joint Implementation Committee
10. A Joint Implementation Committee comprising equal numbers of the two contracting parties is to be appointed upon signing of this Agreement to facilitate its implementation. In this connection the parties will work together to mobilize the necessary resources for the implementation of this Agreement.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: Power sharing→Military power sharing→Joint command structures
Page 2,
Security
As another important confidence-building measure for the election, there is to be a Security Liaison Committee comprising representatives of the parties in the IPA, the Co-Chairpersons of the IPA (ex officio), the Commander of the Lesotho Defense Force, the Commissioner of Police, the Director of National Security Service and one Principal’ Chief In the context of the preparations for and conduct of the election, the Liaison Committee will:
Identify potential flash points and recommend appropriate preventive security measures;
Foster free political activity by helping to remove impediments and threats thereto;
Address concerns of political parties;
Receive appropriate security briefing from the Executive; and
In consultation with the Government, generally consider how best to help improve the overall security situation in the run up to and during elections.
These will be in addition to any other security measures the IEC in consultation with the parties may deem necessary to ensure the security and integrity of the electoral process
SADC will appoint an Official who will remain seized with issues pertaining to security matters, in addition to overall process of normalization of the political life of the country.

Human rights and equality

Human rights/RoL general: Page 1, Reaffirm their commitment to the rule of law, the promotion of democracy, good governance and human rights in Lesotho;
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 1, Reaffirm their commitment to the rule of law, the promotion of democracy, good governance and human rights in Lesotho;
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 2, Government - IPA cooperation
8. To enhance communication between the IPA and the Prime Minister, a Contact Group of two representatives each of the Government and the IPA is to be established immediately for the purpose of periodic meetings with the Prime Minister.

Page 3, Joint Committee on the Media
9. A Joint Committee of the Government and the IPA is to be appointed upon the signing of this Agreement to ensure equitable access to the state owned media for all registered political parties. The Joint Committee will also ensure that political parties do not resort to statements or actions, which are inflammatory or untoward.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: 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 2, Security
As another important confidence-building measure for the election, there is to be a Security Liaison Committee comprising representatives of the parties in the IPA, the Co-Chairpersons of the IPA (ex officio), the Commander of the Lesotho Defense Force, the Commissioner of Police, the Director of National Security Service and one Principal’ Chief In the context of the preparations for and conduct of the election, the Liaison Committee will:
- Identify potential flash points and recommend appropriate preventive security measures; Foster free political activity by helping to remove impediments and threats thereto; Address concerns of political parties;
- Receive appropriate security briefing from the Executive; and
- In consultation with the Government, generally consider how best to help improve the overall security situation in the run up to and during elections.
- These will be in addition to any other security measures the IEC in consultation with the parties may deem necessary to ensure the security and integrity of the electoral process
- SADC will appoint an Official who will remain seized with issues pertaining to security matters, in addition to overall process of normalization of the political life of the country.
Ceasefire: No specific mention.
Police: Page 2, Security
As another important confidence-building measure for the election, there is to be a Security Liaison Committee comprising representatives of the parties in the IPA, the Co-Chairpersons of the IPA (ex officio), the Commander of the Lesotho Defense Force, the Commissioner of Police, the Director of National Security Service and one Principal’ Chief In the context of the preparations for and conduct of the election, the Liaison Committee will:
Armed forces: Page 2, Security
As another important confidence-building measure for the election, there is to be a Security Liaison Committee comprising representatives of the parties in the IPA, the Co-Chairpersons of the IPA (ex officio), the Commander of the Lesotho Defense Force, the Commissioner of Police, the Director of National Security Service and one Principal’ Chief In the context of the preparations for and conduct of the election, the Liaison Committee will:
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: [Summary] Agreement stipulates transparency in planned elections.

Page 1, Timetable for the Next Election
[Summary] An expert group will be selected by the SADC Troika to advise on a realistic timetable for elections and ensure transparency.
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: Page 1, Agree that the pre-eminent need of the hour is for reconciliation, peace, stability and national unity to enable -Lesotho to make the most of the opportunities of the post-apartheid Southern Africa;

Implementation

UN signatory: Witness: United Nations Resident Coordinator.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, Timetable for the Next Election
[Summary] An expert group will be selected by the SADC Troika to advise on a realistic timetable for elections and ensure transparency.

Page 2, The Independent electoral Commission
... Two international experts who will serve on the Commission until after the next election will supplement the new Commissioners. These international experts will enhance the professional resources available to the IEC and serve as an important confidence-building presence.
Enforcement mechanism: Page 3, Joint Implementation Committee
10. A Joint Implementation Committee comprising equal numbers of the two contracting parties is to be appointed upon signing of this Agreement to facilitate its implementation. In this connection the parties will work together to mobilize the necessary resources for the implementation of this Agreement.

Page 3, Guarantors
The Presidents of the SADC Extended Troika will serve as Guarantors of this Agreement. Furthermore, the Secretaries-General of the United Nations (UN), the Organization of African Unity (OAU), and the Commonwealth will, in co-operation with the parties and the Guarantors, do all in their power to ensure the implementation of this Agreement.
Related cases: No specific mention.
Source: UN Peacemaker; http://peacemaker.un.org/lesotho-mou-ipa99

Memorandum of Agreement between the Government of Lesotho and the Interim Political Authority (IPA)

3 December 1999

Preamble

The Government (meaning the Executive) and the Interim Political Authority (IPA) hereinafter referred to as the contracting parties to this Agreement,

Recognizing the Agreements of 2 and 4 October, 1998:

Reaffirm their commitment to the rule of law, the promotion of democracy, good governance and human rights in Lesotho;

Agree that the pre-eminent need of the hour is for reconciliation, peace, stability and national unity to enable -Lesotho to make the most of the opportunities of the post-apartheid Southern Africa;

Further agree that it is of the utmost importance that the preparations for the forthcoming general election are thorough, transparent, fair and free of irregularities in order to make the entire electoral process credible and the eventual result a true reflection of the will of the people of Lesotho.

For the achievement of these objectives, the parties have therefore agreed as follows:

The Electoral-Model

The parties unreservedly accept the award of the Arbitration Tribunal appointed in terms of Section 16 of the Interim Political Authority Act 1998 on the electoral model to be adopted for the forthcoming and subsequent elections.

According to the award delivered on 5 October 1999, for the 2000 election only, the mix ratio of constituency seats (FPTP) to Proportional Representation (PR) shall be 80/50.

Thereafter the mix ratio of FPTP and PR shall be 50% each of seats in the National Assembly.

Timetable for the Next Election

The SADC Extended Troika (viz Mozambique, Zimbabwe, South Africa and Botswana) and the Commonwealth will, in consultation with the parties.

Appoint an expert group to review the state of the preparations for the forthcoming general election, taking into account everything that needs to be done to ensure a thorough and transparent electoral process.

On the basis of this extensive review, the expert group will advise on a realistic timetable for the holding of the next election.

In the prosecution of their task, the Expert group will work in close cooperation with the IPA, the Government, the SADC Extended Troika and the Commonwealth.

The Government undertakes to facilitate the necessary legislation to give effect to.

The provisions of this Agreement in accordance with the relevant sections of the IPA act (1998).

The Independent electoral Commission

Without in any way calling into question the integrity or professionalism of the present Independent Electoral Commission, the parties agree to facilitate the retirement of the present members of the Commission.

A new electoral commission is then to be appointed as soon as possible in accordance with the Constitutional provisions.

Two international experts who will serve on the Commission until after the next election will supplement the new Commissioners.

These international experts will enhance the professional resources available to the IEC and serve as an important confidence-building presence.

Security

As another important confidence-building measure for the election, there is to be a Security Liaison Committee comprising representatives of the parties in the IPA, the Co-Chairpersons of the IPA (ex officio), the Commander of the Lesotho Defense Force, the Commissioner of Police, the Director of National Security Service and one Principal’ Chief In the context of the preparations for and conduct of the election, the Liaison Committee will:

Identify potential flash points and recommend appropriate preventive security measures;

Foster free political activity by helping to remove impediments and threats thereto;

Address concerns of political parties;

Receive appropriate security briefing from the Executive;

and

In consultation with the Government, generally consider how best to help improve the overall security situation in the run up to and during elections.

These will be in addition to any other security measures the IEC in consultation with the parties may deem necessary to ensure the security and integrity of the electoral process

SADC will appoint an Official who will remain seized with issues pertaining to security matters, in addition to overall process of normalization of the political life of the country.

Government - IPA cooperation

8. To enhance communication between the IPA and the Prime Minister, a Contact Group of two representatives each of the Government and the IPA is to be established immediately for the purpose of periodic meetings with the Prime Minister.

Joint Committee on the Media

9. A Joint Committee of the Government and the IPA is to be appointed upon the signing of this Agreement to ensure equitable access to the state owned media for all registered political parties.

The Joint Committee will also ensure that political parties do not resort to statements or actions, which are inflammatory or untoward.

Joint Implementation Committee

10. A Joint Implementation Committee comprising equal numbers of the two contracting parties is to be appointed upon signing of this Agreement to facilitate its implementation.

In this connection the parties will work together to mobilize the necessary resources for the implementation of this Agreement.

Guarantors

The Presidents of the SADC Extended Troika will serve as Guarantors of this Agreement.

Furthermore, the Secretaries-General of the United Nations (UN), the Organization of African Unity (OAU), and the Commonwealth will, in co-operation with the parties and the Guarantors, do all in their power to ensure the implementation of this Agreement.

CONTRACTING PARTIES

The Rt.

Hon.

Pakalitha Mosisili

Prime Minister

Bereng A. Sekhonyana

Co-Chairperson, IPA

Lekhetho Rakuoane

Co-Chairperson, IPA

GUARANTORS

H.E. President Joachim Chissano

President of the Republic of Mozambique and Current

Chairman of SADC

WITNESS

H.E. Chief Emeka Anyaoku

Commonwealth Secretary-General

Mr. Edward Omotoso

United Nations Resident Coordinator

H.E. Salim A. Salim

Organization of African Unity Secretary-General