The Electoral Pledge

  • 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) )
  • 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
    -


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]