The Electoral Pledge

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Country/entity: Lesotho
Region: Africa (excl MENA)
Agreement name: The Electoral Pledge
Date: 11 Dec 2014
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 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 (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: Groups→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: Groups→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: Groups→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

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): 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,
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.
Constitution: No specific mention.

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 general: 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,
Bill of rights/similar: No specific mention.
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: Human rights and equality→Civil and political rights→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
Human rights and equality→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.

Rights related issues

Citizenship: No specific mention.
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,
Detention procedures: No specific mention.
Media and communication: Rights related issues→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,
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 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.
Related cases: No specific mention.
Source: http://www.lcn.org.ls/news/Maseru%20SADC%20Facilitator/Signed%20Electoral%20Pledge.pdf

ELECTORAL PLEDGE

KINGDOM OF LESOTHO

National Assembly Elections - February 2015

WHEREAS the SADC Double Troika Summit plus Two held in Pretoria on 15 September 2014, initiated a facilitation process to restore political and security stability to the Kingdom of Lesotho.

ACKNOWLEDGING that the Maseru Facilitation Declaration was signed by political parties represented in parliament on 2 October 2014 to implemenl the decisions of the SADC Double Troika Summit,

NOTING that in terms of the Maseru Facilitation Declaration, parties agreed that the National Assembly Elections be brought forward and 6e held by the end of February 2015.

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.

CONSCIOUS that the signatories to the Maseru Facilitation Declaration agreed that the Independent Electoral Commission (lECl has the responsibility to conduct these elections on a credible, free and fair basis.

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.

ACKNOWLEDGING that since the Maseru Facilitation Declaration and the Maseru Security Accord were entered into, the political and security situation in the Kingdom of Lesotho has improved tremendously

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.

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.

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.

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

COMMITTED to the principles set out in the Lesotho Electoral Code of Conduct, 2011,;

PART ONE

Creating a climate conducive for erections to take place

WE, the signatories to this Pledge, commit to -

Honour the Constitution, the National Assembly Elections Act 20j,r, and other laws of the Kingdom of Lesotho in our conduct during the elections;

Observe the Electoral Code of Conduct;

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;

Accept our obligation to assist in promoting the creation of a climate conducive to the holding of free and fair elections;

Ensure there is no discrimination in the voters' registration;

Ensure the voters' roll is up to date and accessible;

Facilitate all political parties' access to state media and other forms of disseminating their political views;

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;

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

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 foilowed.

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.

PART TWO

Support for the Independent Electoral Commission

WE, the signatories to this Pledge undertake that we shall

Respect and promote the independence of the IEC;

Support the IEC in its mandate to facilitate the holding of free and fair elections;

cooperate with the IEC and facilitate its access to campaign and electoral events;

Assist the IEC in obtaining the capacity it needs in order to fulfil its mandate and assisting it in securing iis assets and the safety of its officials;

Ensure no person or organisation interferes with or impedes the work of the IEC;

welcome and assist the work of any and all electoral monitors or observers that will come to the Kingdom of Lesotho;

Accept the results of the upcoming elections when declared credible, free and fair by the IEC and accredited independent observers;

work within the bounds of accepted electoral rules to lodge any grievances that might reasonably arise from the electoral prociss.

PART THREE

Commitment to free and fair electoral political campaigning

WE the political parties signing this pledge commit to:

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

undertake to repeatedly and publicly condemn violence, and to:

refrain from language that incites violence or intimidation,

refrain from carrying weapons at public political events,

abstain from plagiarising the insignia of other parties,

discourage the removal, disfigurement or destruction of other parties' material,

abstain from offering material inducements to influence party membership, event attendance, voting decisions or candidacy nominations,

refrain from using social or institutional power for political purposes,

abstain from discrimination on grounds of race, sex, ethnicrty, class, gender or religion in the election campaign, and

refrain from involving the Lesotho Defence Force, Lesotho Mounted Police service, National security Service and Lesotho Correctional Service in political activities.

SIGNED on this day __ December 2014

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]

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]