Lesotho | Freedom House https://freedomhouse.org/report/freedom-world/2019/lesotho A. ELECTORAL PROCESS: 10 / 12 A1. Was the current head of government or other chief national authority elected through free and fair elections? 3 / 4 Lesotho is a constitutional monarchy. King Letsie III serves as the ceremonial head of state. The prime minister is head of government; the head of the majority party or coalition automatically becomes prime minister following elections, making the prime minister’s legitimacy largely dependent on the conduct of the polls. Thomas Thabane became prime minister after his All Basotho Convention (ABC) won snap elections in 2017. Thabane, a fixture in the country’s politics, had previously served as prime minister from 2012–14, but spent two years in exile in South Africa amid instability that followed a failed 2014 coup. A2. Were the current national legislative representatives elected through free and fair elections? 4 / 4 The lower house of Parliament, the National Assembly, has 120 seats; 80 are filled through first-past-the-post constituency votes, and the remaining 40 through proportional representation. The Senate—the upper house of Parliament—consists of 22 principal chiefs who wield considerable authority in rural areas and whose membership is hereditary, along with 11 other members appointed by the king and acting on the advice of the Council of State. Members of both chambers serve five- year terms. In 2017, the coalition government of Prime Minister Pakalitha Mosisili—head of the Democratic Congress (DC)—lost a no-confidence vote. The development triggered the third round of legislative elections held since 2012. Election observers declared the elections peaceful, generally well administered and competitive. However, some isolated instances of political violence were noted, as was a heavy security presence at many polling places, which electoral officials said intimidated some voters. Thabane’s ABC won a plurality of seats and formed a coalition government. A3. Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies? 3 / 4 Although the IEC faces capacity constraints, and the credibility of the voters’ roll has been questioned in the past, it has been commended for its independence and its efforts to uphold electoral laws and oversee credible elections. In 2017, international election observer missions broadly commended the IEC’s administration of the snap polls, but noted deficiencies they linked to the body’s lack of capacity, including late disbursement of campaign funds to political parties. 1 of 7 6/18/2019, 3:14 PM Lesotho | Freedom House https://freedomhouse.org/report/freedom-world/2019/lesotho B. POLITICAL PLURALISM AND PARTICIPATION: 11 / 16 B1. Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or groupings? 3 / 4 Political parties may form freely and are allocated funding by the IEC, and 27 parties contested the 2017 elections. However, politics have been unstable since a failed 2014 coup. In recent years, the country has seen politically motivated assassinations and assassination attempts, and political leaders operate within the country at some risk to their personal safety. B2. Is there a realistic opportunity for the opposition to increase its support or gain power through elections? 3 / 4 Opposition parties have a realistic chance of gaining power through elections, and power has rotated frequently between DC- and ABC-led coalitions. However, political instability and associated violence and intimidation has at times prompted opposition leaders to flee the country. In 2017, a number of opposition politicians, including former deputy prime minister Mothetjoa Metsing of the LCD, fled for South Africa. Metsing claimed that he feared for his life, but the government said he fled to escape potential corruption charges and sought his extradition. In November 2018, Metsing returned to Lesotho after signing an agreement to participate in a governance reform process facilitated by the SADC, which stated that he would not face any criminal charges while the reforms were ongoing. However, Metsing again fled for South Africa in December, after the Constitutional Court struck down the agreement, once more making him vulnerable to prosecution. B3. Are the people’s political choices free from domination by the military, foreign powers, religious hierarchies, economic oligarchies, or any other powerful group that is not democratically accountable? 2 / 4 Recent political instability is largely related to politics becoming entangled in disputes among factions of the Lesotho Defence Force (LDF). Although the heavy military presence at voting stations during the 2017 elections was questioned, no instances of interference with voters were reported. Traditional chiefs wield some political influence over their rural subjects. In 2018, Lesotho-based Chinese businessman Yan Xie caused controversy when he claimed that he has made large donations to most of the country’s political parties. Critics argue that Yan’s financial clout has given him considerable influence over the country’s political elites, exemplified by his 2017 appointment as “head of special projects and the prime minister’s special envoy and trade adviser on the China-Asia trade network.” B4. Do various segments of the population (including ethnic, religious, gender, LGBT, and other relevant groups) have full political rights and electoral opportunities? 3 / 4 The constitution guarantees political rights for all. However, societal norms 2 of 7 6/18/2019, 3:14 PM Lesotho | Freedom House https://freedomhouse.org/report/freedom-world/2019/lesotho discourage women from running for office, and women remain underrepresented in Parliament; following the 2017 elections, 23 percent of seats are held by women, down from 25 percent previously. The inaccessibility of some polling stations to persons living with disabilities was raised as a concern during the 2017 elections. LGBT (lesbian, gay, bisexual, and transgender) individuals generally face societal discrimination, and this discourages them from advocating for their rights in the political sphere. C. FUNCTIONING OF GOVERNMENT: 6 / 12 C1. Do the freely elected head of government and national legislative representatives determine the policies of the government? 2 / 4 While elections are held without delays and representatives are duly seated, persistent political instability disrupts normal government operations. C2. Are safeguards against official corruption strong and effective? 2 / 4 Official corruption and impunity remains a problem. The main anticorruption agency, the Directorate on Corruption and Economic Offences (DCEO), lacks full prosecutorial powers, and faces capacity and funding challenges. Despite its shortcomings, DCEO officers do work to fulfill the body’s mandate. In 2018, it pursued several controversial cases that involved high-ranking government officials. In February, for example, the DCEO opened an investigation into Prime Minister Thabane over corruption allegations involving the powerful Gupta family’s mining interests in Lesotho. The Asset Forfeiture Unit, which was established in 2016 to recover property connected to corruption cases, had only four people on its staff as of June, hampering its effectiveness. C3. Does the government operate with openness and transparency? 2 / 4 Lesotho has no access to information law, and responses to information requests are not guaranteed. The management of public finances is shrouded in secrecy. Government procurement decisions and tenders generally cannot be accessed online. Although high-level government and elected officials are required to disclose their assets and business interests, these declarations are not made public, and enforcement of the rules is limited by resource constraints. D. FREEDOM OF EXPRESSION AND BELIEF: 12 / 16 D1. Are there free and independent media? 2 / 4 Freedom of the press is only indirectly protected under constitutional guarantees of freedom of expression. Journalists are subject to threats and intimidation from both 3 of 7 6/18/2019, 3:14 PM Lesotho | Freedom House https://freedomhouse.org/report/freedom-world/2019/lesotho authorities and private citizens. Both state and private media stand accused of being openly biased. In August 2018, the management of a privately owned radio station, MoAfrika, was summoned to a hearing by Lesotho's Broadcasting Dispute Resolution Panel (BDRP) following government complaints about its critical reporting on state affairs. Also in August, Ts’epang Makakula, one of the station’s reporters, was arrested while reporting on a strike by factory workers in the town of Maputsoe. The BDRP then fined the station in October over a program that was critical of the communications minister. In May, the Constitutional Court declared criminal defamation laws unconstitutional, in a positive step for press freedom. D2. Are individuals free to practice and express their religious faith or nonbelief in public and private? 4 / 4 The constitution provides legal protections for freedom of religion and prohibits religious discrimination, and religious freedom is generally upheld in practice. D3. Is there academic freedom, and is the educational system free from extensive political indoctrination? 3 / 4 Academic freedom is generally respected in practice.