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Activities July 2009
1.1 Workshop on Strategic Planning Session for Parliamentary Select Committees and on HIV and AIDS and the Social Cluster Portfolio Committee
The Management of the Parliament and the National Democratic Institute (NDI) for International Affairs had extended an invitation to LDP in relation to the said workshop. This is a positive sign that LDP is beyond doubt that the LDP is making impact with regard to parliamentary issues.
The following were the objectives of the workshop as pointed out by the organisers:
In order to accomplish the set objectives a number of presentations were made by different but relevant institutions such as TRC through its LDP. Presentation made by the LDP crew was primarily on what LDP does in as far as parliamentary matters were concerned and further proposed how the MPs should respond appropriately and effectively to the challenges of HIV and AIDS pandemic in Lesotho in general but in parliament in particular. Other stakeholders that made presentations to the workshop included the LCN, National AIDS Commission, and Development Partners just to name but a few. Their presentations addressed core issues such as an overview of the findings from recent studies on HIV and AIDS and referring back to parliament's oversight, representative and legislative functions; and assisting the MPs to value coordinated efforts in the fight against the pandemic with Development partners.
My general impression about the workshop particularly looking at the LDP presentation is that the MPs from the constituency where LDP was not working felt strongly that LDP should also expand to their constituencies forthwith. Though this might be seen as a straight forward appeal, resources would not permit at least in the current funding phase. Apart from that Madam Speaker was challenged particularly by the sentiment that the Parliament was still not accessible. In her view she however felt that the parliament was now accessible that ever. Many participants including some Senators concurred with the LDP that the parliament was not accessible. LDP crew took that as an advantage of meeting with the Speaker to further the debate around the whole issue of the whether the parliament was accessible or not.
1.2 Outreach Public hearing at Rothe Constituency was arranged on 24 th July with the concerned MP but he failed to attend without giving a reason. However, the public hearing went ahead as planned with about 150 people in attendance. The objective of the public hearing was to give the constituents a parliamentary feedback concerning the wide range of issues discussed in parliament and discuss important Bills to be discussed in parliament when it re-opens from winter break. The community members present at the gathering were very much concerned about the absence of their MP who consistently showed lack of political will to meeting with the constituents since last year's By-election which was highly contested. Some constituents alleged that they physically do not know their MP. Asked why then did they elect someone whom they were not aware of, the answer was just simple that they regrettably have elected party colours. So they were now beginning to realise how dangerous party line was. Land Bill 2009: The GGO presented critical issues of the Land Bill. First and foremost the Land Bill was an attempt by the Government to commercialise land in Lesotho and the current customary land tenure system will be abolished by this Bill if it finally becomes an Act. The Bill attempts to abolish the current customary land tenure system that Basotho are so used to it and therefore any attempt by government to do otherwise should be subjected to public participation. The Bill has been triggered by the Millennium Challenge Account Lesotho (MCA-L) conditionalities of which among other things the laws that are not compatible with the requirements of the MCA should be reformed. The Bill further introduces leases to allottees in rural areas which is completely a new arrangement altogether. In addition the leases bear cost implications which will be a burden to rural population. Currently, in the rural areas a Form C is used as a legal document to land title. The Bill also gives the Minister too much power which might end up being misused. The Minister's decisions according to the Bill are not appealable The community reacted with great disappointment to their government because the land is a very sensitive issue and therefore any change in terms of the law the people must be thoroughly consulted. Other disappointment they have observed was that the government has trivialised the land issue because of the very minimal public participation given to this Bill. Therefore, the community insisted that their MP should come and get their position which he would then present in parliament. Again they ha d a very strong view that the concerned Portfolio Committee must be petitioned. This position is that they reject the Bill in its entirety because it was not to their benefit but for the benefit of the government. The GGO would need to meet with the Portfolio Committee concerned to advocate for public participation on the Land Bill 2009 and as well on Education Bill 2009. These Bills are supposed to be discussed in parliament in when the parliament re-opens from winter break. • Sir Ketumile Masire's Mediation in Lesotho 's political crisis
Mediation efforts over controversial allocation of Proportional Representation (PR) seats in Parliament hit the rock when the SADC eminent person, Sir Ketumile Masire, the mediator over Lesotho political impasse retired his mediation mission unexpectedly. The termination of mediation process came as a surprise to democracy stakeholders including government, opposition parties and the CSOs alike. But more interestingly the opposition parties, though the mediation process was terminated, felt the Masire report that conclude the mediation process has confirmed their case that PR seats were not properly allocated. And the same Masire report on the other hand, exasperated the government and the LCD as they both say Masire has out stepped his boundaries of Terms of Reference (ToR). This means that the country in back to square one again – the undesired political situation! The following were ToR assigned to the eminent person:
The main stakeholders had earlier agreed about the Agenda for Dialogue and key to this was the Road map. NGOs such as LCN and TRC/LDP monitored the dialogue process until the Eminent person retired his mission.
Based on the ToR stated above, the Eminent person pointed out that the process was frustrated by the government and the LCD and as such he had no option but to retire his mission by making the following encapsulated observations that would be communicated to the SADC:
These issues stated above, was regarded as a victory for the Opposition parties on one hand. On the other hand, the government rubbished this report on the ground that the Courts have decided on the Marematlou Freedom Party case and as result tension between government and Opposition parties reached the highest point.
The CSO through the coordination of LCN and TRC implored both parties to come to the negotiation table in order to proceed with the Dialogue with the aim of reaching an amicable solution to the contentious issues to the concerned parties.
To date, CSOs inclusive of LCN, Christian Council of Lesotho (CCL), MISA, and Business Sector have individually and collectively organised meetings with the government and the opposition parties more especially when the opposition parties have now considered embarking upon the stay-ways.
CSOs facilitated the process where these parties would come to one table negotiate a way forward. CSOs further lobbied the Heads of Churches to facilitate the dialogue between the two parties. After a long and tedious shuttling diplomacy both parties agreed to come to the negotiations which was a positive way forward.
On the 5 July, at the UN House, the dialogue process began under the facilitation of Heads of Churches with participation of all key stakeholders such as the government, Opposition Parties and IEC. The retired Anglican Bishop, Bishop Mokuku has been designated as the Chairperson of the dialogue process. The role of CSOs was to assist the bench of five Bishops to facilitate the process. In this initial local dialogue initiative where the media was not allowed, the main issue was to set an agenda for dialogue by both parties. In conclusion, both parties agreed on the agenda and ToR of the Mediators.
The following activities were carried out during July 2009
ACTIVITIES 1. Meeting with Pela Tsoeu Constituency lobby groups Date : 13 th July 2009 Objectives : To strengthen public and parliament relations and improve a record of parliamentary engagement with Basotho including constituency feedback and information on parliament and government. Attendance : 13 committee members- Ha Khabo, Menkhoaneng, St John and Tsehlanyane, MP for Pela Tsoeu, Councillor –Chairperson of the Council. Issues : Community Lobby groups were called for formal briefing of roles and responsibilities of the groups and decision makers' role in responding to their concerns; which are generally neglected. Local council could work together with the groups especially in responding to constituents ‘developmental needs, constituency feedbacks, Member of Parliament (MP) and Councils relations and national issues generally. Outcome and meaning of meeting: Representation and constituent relations : LPD constitutes forum where public formal or informal channels are enhanced for interacting with parliament, exchange and dissemination of information; so as to strengthen civil society and parliament relations; in Pela Tsoeu, committees were concerned about dilatory service delivery such as road to Menkhoaneng construction and maintenance, and disaster management of households affected by 2008 storms. It is evident that there is a need for local councils, Parliamentarians and government ministries to work together in service provision. Because of Chairperson presence, most public concerns were responded to though most responses were very defensive and disrespectful; one could detect tarnished relations between the MP and the councillor. Proper chain of command is essential for effectiveness and efficiency, accountability, responsiveness and transparency to deal with issues of concern. Nonetheless, though the council is blamed for most mishaps in the constituency, there is a need for all parties to take responsibility and perform as mandated. Apparently, reporting is lacking and public information on parliament and councils is little or nonexistent. Most public concerns are debated by both tiers of government but there are no follow-up on issues.
MP's responsiveness and accountability : However, the MP seemed to be aware of constituents' developmental needs but responsiveness is slow. Most constituents are still not aware of difference between MP's and council's role hence the confusion of who to approach when need arises. However, questions have been asked to ministers and replied to in parliament with regard to Menkhoaneng road and would be executed in availability of funds. One can observe that constituents are losing trust and confidence on their decision makers. Committees are expected to use knowledge learnt not only for information sharing, provision and dissemination but also to assist, educate and mobilize communities and decision makers by harnessing support for their concern by generating efforts not only at local government but also at national level. Use of national media houses for parliament activities is a major linkage to follow up on questions asked in parliament and responsiveness of government. Parliamentarians on the other hand, should be seen to be representing all constituents regardless of their political affiliations, pass laws that are objectively scrutinised, oversee that executive perform as mandated and use public funds as budgeted and be accountable to their constituents. A follow up of a buy-in meeting with different stakeholders for execution and implementation of constituents needs such Pela Tsoeu council and government ministries is a must. Subsequently, public also should have ownership of projects and developments, not just as recipients but also as owners of developments as there had been massive destruction on developments by the very same constituents instead of protecting and preserving them. Need for follow up public hearings is compelling to straighten roles of MPs, councils and Chiefs as most constituents are further confused by such.
2. Lentsoaneng and Ha Loti public hearings Date: 14 th July 2009-15 th July 2009 Objective : To increase public participation in parliamentary issues and strengthen public engagement in democratic processes, parliament in particular. Attendance : Lentsoaneng 14 th July 2009 80 attendees Ha Loti 15 th July 2009 70 attendees Issues: LDP continued to educate constituents on parliament establishment and roles and MP's role in a way strengthening constituents' relations and improve sharing and exchange of information on parliament and government; awareness of fundamental human rights enshrined in the Constitution of Lesotho and how public should engage with MPs, were debated. Outcome and meaning of meeting Voting and Representation : LDP still continues to improve parliamentary and participatory democracy in Lesotho . In most gatherings including Lentsoaneng, most constituents still do not comprehend the importance of electorate vote and the reasons they vote in elections. Because elections is a decision-making proces s by which a population chooses an individual to hold formal office, this is the usual mechanism by which modern representative democracy fills offices in the legislature , sometimes in the executive and judiciary , and for national and local government . However, there is a need to elect MPs of certain competency or excellence and has best interest of constituents at heart. In democratic dispensation citizenry need to participate in a form of voting as mandated by the Constitution, follow up issues and act upon them, to enhance democracy and their constitutional rights. Voting is an essential way to take part in any democratic system. This is the principal way most democracies have of allowing people to have their say and express their power. In Lesotho constituents still do not embrace their powers of voting as their constitutional right: people vote:
The success of democracy is reliant on people participating actively and responsibly through their vote. However, a s long as people continue to vote for the politicians perceived as being the most caring instead of those who talk and advocate for freedom and the Constitution, law making, representation and oversight issues; right to vote is under utilised. Generally, presence of MPs in constituencies is most needed for proper linkages between constituents and MPs. MPs and constituents' relation is noteworthy: there have been concerns that constituents' participation in decision making is limited. Constituents still have advantage of MPs who are still accountable to electorates during elections as they have mandate to assess MPs, reward or punish him/her with their vote. In democracy MPs should be answerable to people and citizens vote for the government. However, if the government does not perform to the satisfaction of the voters, they can vote for another political party or candidate in the next elections.
Oversight and accountability: Parliamentarians should oversee the Executive : they monitor performance by the Executive to ensure that the latter performs in a responsible and accountable manner and therefore for the overall good of society. Parliamentarians not only allocate financial resources to the Executive- through their budgetary function, but generally have responsibility for approving and allocating the revenue that the Executive requires to carry out the policies that it has formulated but also monitor government spending. Most constituents were concerned about Executive spending and implementation; there is a need for MPs to oversee budget allocation, which constituents are clearly dissatisfied with utilization of public funds especially by ministries. For instance, Ministry of Agriculture is found to be underperforming and lacks reporting and feedback and failure to execute agricultural schemes in 2008 which left the country in dire starvation; nonetheless, Ministry of Forestry seems to be effective hence need for other ministries to duplicate such ministry. MPs have responsibility for holding the Executive to account by overseeing its work and making sure that it does not infringe on the rights of citizens and does not lead to the wastage of State resources and is consistent with the public interest. MPs perform their oversight role in a number of ways: receiving regular reports from the Executive on its activities; putting questions and interpellations to members of the Executive, setting up special commissions and organizing field visits to carry out enquiries into Executive conduct and propose remedial action and parliamentarians are expected to act as such by the constituents who feel that MP are not using their oversight role to the maximum as mandated. In Lesotho unfortunately the Executive in most cases feel their authority is undermined when probed. It is vital that parliament and government are held accountable by constituents/electorates thus need for feedback, reporting to strengthen and enhance communication and good legislation.
LDP advised that constituents should attend public gatherings as attendance was very poor thus weakens MPs reporting and feedback thus trust and confidence of people to their representatives would deteriorate further. Unity in communities is a huge need for monitoring and managing service delivery and provision in the constituency. Another mammoth task faced by MPs and LDP is improvement of public policy engagement and simplification of bills for public consumption and amendment of laws that initially lacked public involvement, while committees and decision makers must strengthen their advocacy and lobbying for advancement of the constituency. In most gatherings youth attendance is poor however, in these gatherings that has improved a lot and their participation enhanced tremendously. Role of Transformation Resource Centre (TRC) is still challenged in some constituencies such as its involvement in democratic dispensation and governance and parliamentary issues. Despite the fact that TRC is non partisan organization which gives critical and objective analysis of issues, having public interest at heart, it is regarded as a political party and competition by most MPs and constituents who are threatened by its presence in the constituencies. Centrally, most MP still need to be capacitated as their approach to legislation still needs to be improved. However, there has been a tremendous improvement in constituency role of MPs and are beginning to embrace and appreciate the presence of LDP in their constituencies.
3. Meeting with Likhetlane Constituency lobby groups Date : 29 th July 2009 Objectives : To strengthen public and parliament relations and improve a record of parliamentary engagement with Basotho including constituency feedback and information on parliament and government. Attendance : Ha Barete 7 committee members, MP and Chief 29 th July 2009 Ha Taemane 4 Committee members, MP and Chief Issues : Community Lobby group were briefed on their roles and responsibilities within the constituency and how they improve linkages between constituents and MPs and further, represent constituents in decision making meetings. Methods of meeting with MPs and councillors were debated with emphasis on advocacy and lobbying. Developmental needs were also discussed and challenges faced by the communities. Outcome and meaning of meeting: Engagement and relations : LDP continues to increase channels for interacting with parliament through lobby groups hence meetings with two lobby groups in Likhetlane constituency in Ha Barete and Ha Taemane. Community lobby groups were concerned about the gap between decision makers and constituents as they alienate and alleviate themselves from electorates. Another matter was need for MP's intervention when local councillor under or not performs at all, which could be observed in this constituency. Relations between district council and local council were also raised with emphasis on allocation and utilisation of funds. Both groups were of concern particularly on developmental needs such as potable water, construction of roads, electricity and income generating projects. Subsequently, most concerns were replied to by the MP however, there are evidently insufficient funds to executive most needs. Party affiliations influence access to the MP, councillor and development, which destroy the notion of MP representing constituency as a whole instead of just his/her supportive voters. Understanding of issues and acting on them is imperative for MPs but also being receptive to constituents and using one's constitutional right to raise questions in parliament by asking questions to cabinet, engaging in interpellations and attempting to secure necessary resources for the alleviation of particular crisis as MP for Likhetlane actively requests donations from European Union and other organisations for poverty reduction and self reliance enhancement. Lobby groups were encouraged to be persistent and patient to achieve their objectives as being representatives and linkages of communities builds up parliamentary democracy. Further, they should show gratitude when their needs are responded to. Importance of MP's responsiveness and accountability cannot be overemphasised especially constituency -based MPs to promote and protect interests of all constituents. Constituents vote should translate improvement in welfare of local people which unfortunately this is contrary in Lesotho . Nonetheless, communities should also unite and collaborate in community projects for advancement of all constituents. One can observe that lobby groups provide effective MP-constituency linkages as MPs feel obligation to ensure greater and consistent representativeness and accountability. There is yet more improvement and advancement as LDP continues to improve parliamentary democracy in Lesotho .
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(c) 2008 Lesotho Democracy Programme |