Report of the Commonwealth Observer Group LESOTHO PARLIAMENTARY ELECTIONS 26 May 2012 COMMONWEALTH SECRETARIAT Map of Lesotho Source: Economist Intelligence Unit i Commonwealth Observer Group Lesotho Parliamentary Elections 26 May 2012 Table of Contents Chapter 1 .......................................................................................... 1 INTRODUCTION ............................................................................. 1 Terms of Reference .............................................................................. 1 Activities .............................................................................................. 1 Chapter 2 .......................................................................................... 3 POLITICAL BACKGROUND .............................................................. 3 The Mixed Member Proportional System (MMP) ...................................... 3 Mediation efforts .................................................................................. 5 Formation of the Democratic Congress (DC) ........................................... 7 CHAPTER 3 ....................................................................................... 8 THE ELECTORAL FRAMEWORK AND ADMINISTRATION ................. 8 The Constitution ................................................................................... 8 The National Assembly Electoral Act (2011) ........................................... 8 The Electoral System ............................................................................ 8 Independent Electoral Commission (IEC) ............................................... 9 Elections to the National Assembly ...................................................... 10 Voter Eligibility and Voter Registration ................................................. 10 Voter Education .................................................................................. 11 Advance Voting .................................................................................. 12 Electoral Code of Conduct ................................................................... 13 Conflict Resolution Mechanisms ........................................................... 13 CHAPTER 4 ..................................................................................... 14 ELECTION CAMPAIGN AND MEDIA ............................................... 14 Electoral Code of Conduct ................................................................... 15 Media Coverage.................................................................................. 16 Chapter 5 ........................................................................................ 19 VOTING, COUNTING, AND RESULTS ............................................. 19 Chapter 6 ........................................................................................ 24 CONCLUSIONS AND RECOMMENDATIONS ................................... 24 Recommendations .............................................................................. 27 The Electoral Framework and Administration ........................................ 27 Election Campaign and Media .............................................................. 27 Voting, Counting and Results .............................................................. 28 ii ANNEX 1: Biographies of COG Members ......................................... 29 ANNEX 2: Arrival Statement by Dr Bakili Muluzi ............................. 32 ANNEX 3: Deployment Plan ............................................................ 34 ANNEX 4: Pre-Election Statement by Dr Bakili Muluzi .................... 35 ANNEX 5: Pre-Election and Post-Election Day Joint Appeals with other International Observer Missions ........................................... 37 ANNEX 6: Interim Statement by Dr Bakili Muluzi ........................... 40 ANNEX 7: Departure Statement by Dr Bakili Muluzi ....................... 45 iii iv v Chapter 1 INTRODUCTION Following an invitation from the Minister of Foreign Affairs and International Relations of the Kingdom of Lesotho, the Commonwealth Secretary-General, Mr Kamalesh Sharma, constituted an Observer Group for the 26 May 2012 Parliamentary Elections. In line with usual practice, the Secretary-General sent an Assessment Mission to Lesotho to assess the prevailing situation as well as the pre- electoral environment, prior to his final decision on whether to constitute a Commonwealth Observer Group. The Assessment Team was in the country from 2 to 5 April 2012. The Commonwealth Observer Group was led by HE Dr Bakili Muluzi, former President of the Republic of Malawi, and compromised seven eminent persons. The Observer Group was supported by a four-person staff team from the Commonwealth Secretariat. A full list of members is at Annex 1. Terms of Reference ‘The Group is established by the Commonwealth Secretary-General at the invitation of the Minister of Foreign Affairs and International Relations of Lesotho. The Group is to consider the various factors impinging on the credibility of the electoral process as a whole. It will determine in its own judgement whether the elections have been conducted according to the standards for democratic elections to which the country has committed itself, with reference to national election-related legislation and relevant regional, Commonwealth and other international commitments. The Group is to act impartially and independently. It has no executive role; its function is not to supervise but to observe the process as a whole and to form a judgement accordingly. It would also be free to propose to the authorities concerned such action on institutional, procedural and other matters as would assist the holding of such elections. The Group is to submit its report to the Commonwealth Secretary-General, who will forward it to the Government of Lesotho, the Independent Electoral Commission, and leaders of political parties, and thereafter to all Commonwealth Governments.’ Activities The Observer Group was present in Lesotho from 19 May 2012. During four days of briefings, the Group met with the Independent Electoral Commission (IEC), political party representatives, the Acting Commissioner of Police, civil society groups, 1 women’s groups, youth representatives, media, the diplomatic community, and national and, regional and international observer missions. An Arrival Statement was issued on 21 May 2012 (see Annex 2). The Observer Group was deployed from 24 to 27 May 2012 and covered the districts of Butha- Buthe, Leribe, Mafeteng, Maseru, Mohale’s Hoek, Qacha’s Nek, Quthing and Thaba- Tseka (see Annex 3). On deployment, teams met the District Administrators, local electoral officials, the local police as well as other national and international observers and members of the public to build up a comprehensive picture of the conduct of the process. Given concerns about the security situation and the post-election transition arrangements, the Chairperson also met the Prime Minister of Lesotho, the Commander of the Defence Force and the Acting Commissioner of Police, and issued several statements on behalf of the Observer Group, including a pre-election statement on Friday 25 May 2012 (see Annex 4), followed by pre-election and post- Election Day Joint Appeals with other international observer missions (see Annex 5). On the basis of the Group’s initial findings and recommendations, the Chairperson issued an Interim Statement on Tuesday 29 May 2012 (see Annex 6). The Group’s Final Report was completed in Maseru prior to departure and transmitted to the Commonwealth Secretary-General on 1 June 2012. A departure statement was issued by the Chairperson of the Observer Group on 1 June 2012 (see Annex 7). 2 Chapter 2 POLITICAL BACKGROUND The Mixed Member Proportional System (MMP) Since Lesotho’s independence, a number of post-election crises have arisen, due to the inadequacy of the First – Past – The Post system (FPTP) in reflecting the number of popular votes secured by political parties in the allocation of parliamentary seats. Following the unrest and political crisis after the 1998 Parliamentary Elections, when opposition parties rejected the victory by the Lesotho Congress for Democracy (LCD), the Commonwealth, SADC, and other partners, agreed to provide support to Lesotho in exploring the possibility of creating a new system which would ensure the representation of all political groups in the political process. The Commonwealth worked closely with other international partners in facilitating and implementing an agreement between the Government and the political opposition. Support was provided to the Interim Political Authority (IPA) which was established to deal with the crisis and electoral reform, including the strengthening of the Independent Electoral Commission (IEC), and reform of the system of political representation. In July 2000, the Secretary-General appointed a senior Secretariat official as his representative to facilitate dialogue, with a view to promoting agreement on two major issues: the voter registration system and the formula for representation in Parliament. In light of an extensive capacity building programme and support provided by the Commonwealth and UNDP, the IPA developed a voter register that enjoyed the confidence of major stakeholders. The passage of the Electoral Registration Act of 2000 conferred on the IEC the right to determine the system of electoral registration. In March 2000 the Senate approved the fourth Amendment to the Constitution,