50/5050/50 POLICY BRIEF LESOTHO NOVEMBER 2020 Key facts This policy brief concerns women's repre- sentation and participation in political decision-making at local and national level in Lesotho, and makes the case for urgent action to achieve gender parity at all levels of political decision-making. The decline in women's representation in politics since 2012 underscores the need for urgent legislative, political party and civil society action as pressure mounts for the attainment of gender parity in all areas of decision-making by 2030. Voting in the 2017 elections at Malumeng Primary School, Photo: Ntolo Lekau Lesotho has a mixed electoral system of First-Past-The-Post (FPTP) and Proportional Representation (PR) at the national level, with a 30% quota for women in the PR seats that comprise one third of the total. At the local level, 30% of all seats are reserved for and distributed to women candidates on a PR basis. This has enabled Lesotho to make some progress especially at local level. However, the proportion of women in Parliament has dropped from 25% to 23%; in Cabinet from 29% to 9% and in Local Government and from 49% to 40% in recent elections. This policy brief sets out options for increased representation of women in politics. The issue is of critical importance given that: • The country's next elections are in 2022. •Lesotho is currently undergoing Constitutional Reform which could open the door to legislated quotas for national and local government. •The country has rich experience in implementing Temporary Special Measures (TSM) or quotas that can be used with minor adaptations at both local and national level to enhance women's representation. Table 1: Results of the Elections No of % of Last Next Electoral system No of women women election elections seats elected elected Local Government 2017 2022 MIXED 1394 555 40% National Assembly 2017 2023 MIXED 120 27 23% Senate (Upper House) 2017 2023 Chieftainship and Nominated 33 7 21% Both houses 155 34 22% Cabinet 2017 37 5 14% Source: Lesotho Electoral Commission and GL computations. 1 and Development. It aims to take measures that ensure that women and other marginalised groups have equal access and full participation with men in governance structures, leadership, political and economic decision making.2 Key institutions for the promotion of gender parity in elections: The Lesotho Constitution provides for the establishment of the Independent Electoral Commission inaugurated in 1997 in accordance with an amendment of the Constitution in 1993 and the National Assembly Elections Order of 1992. Mats'epo Molise-Ramakoae; Chair of the Lesotho Women Parliamentary caucus. Photo: Gender Links Electoral system and quotas Constitutional provisions There are two main types of electoral systems: In the Proportional Representation (PR), or “list The Constitution of Lesotho gives every citizen the system,” citizens vote for parties that are allocated right to: seats in Parliament according to the percentage a) Take part in the conduct of public affairs, of vote they receive. Individual candidates win directly or through freely chosen represen- according to where they sit on the list. In an open tatives; list system, voters determine where candidates b) Vote or to stand for election at periodic sit on the list. In a closed list system, the party elections under this Constitution under a system determines where candidates sit on the list. In the of universal and equal suffrage and secret constituency, or “First-Past-The-Post” (FPTP) system, ballot; citizens vote not just for the party, but also for the c) Have access, on general terms of equality, to candidate who represents the party in a geo- the public service.1 graphically defined constituency. As reflected in Table 2, Lesotho has a mixed electoral system at The National Gender Policy (2018) was updated both local and national level but these operate in line with the 2008 SADC Protocol on Gender in different ways. Table 2: Electoral systems and quotas in Lesotho Electoral Level system Quota Voluntary party quota National Mixed Law - 30% seats over and above the FPTP seats for women None of the political only distributed on a PR basis. parties have a voluntary Local Mixed Law - 30% quota for women in the PR seats that comprise party quota. one third of the seats in the House of Assembly. National elections are based on a Mixed Member Lesotho Parliament comprises 120 seats. Eighty Proportional (MMP) system adopted in 2002. This are filled on a First-Past-The-Post (FPTP) basis while dual ballot system allows a voter to cast two the remaining seats are distributed among parties ballots - a constituency vote and a party vote. on a Proportional Representation (PR) system. All The party vote is used to select candidates from political parties in the country that contest for a party list to make up for seats a party would elections are required under the National have been entitled to had constituency seats Assembly Electoral Act 2011 to submit 'zebra' party been allocated on a proportional basis.3 The lists to IEC for the PR seats: Section 47 (2) (b) states 1 The Constitution of Lesotho, April 1993 2 Lesotho Gender and Development Policy 2018-2030 3 Matlosa, K. 2007. “Lesotho” in Cawthra. G., du Pisani, A and Omari, A (eds) Security and Democracy in Southern Africa. 2 that political parties are supposed to ensure that they arrange candidates in terms of sex so that after every male or female is the opposite sex in the party list and (c) include equal numbers of women and men. Section 30 of the National Assembly Act of 2011 mandates political parties registered with the IEC to facilitate the full participation of women in all political activities on the basis of equality. What is lacking at national level is a quota for women in the two thirds FPTP seats. Lesotho introduced local elections in 2005 at a time of heightened 50/50 activism. Initially, the country adopted a system of reserved seats for women on a trial basis, and on the assumption that this would face less resistance at local than national level. Mantabiseng Phohleli, Deputy Minister of Health demonstrating gender principles in Maseru, October 2018. Photo: Tokelo Lefoka Initially only women could contest in the 30% constituencies reserved for women (to be rotated at the local level. However unlike the national for three elections). In the 2006 elections, a record level in which PR seats are open to both women 58% women won the elections - 28% elected in and men, at the local level the 30% PR seats are the open FPTP race; and 30% through the reserved reserved for women i.e. the seats are distributed seats. But political parties and men who had to parties on a PR basis, but only for women been prevented from standing for local elections candidates (in addition to the seats contested cried foul. Men said that the quota discriminated on FPTP basis).4 The Lesotho formula at local level against them. drew on the experience of Tanzania that has now also been emulated at the national level in A Chief who had been prevented from standing Zimbabwe. In all these examples, countries have challenged the case in the High Court. The Court adopted a mixed system to get around the deemed the electoral law to be “justifiable rigidities of the FPTP system when it comes to discrimination”. But political parties lobbied the increasing women's political representation. IEC to devise a more fair solution. The IEC embarked on a study trip to Tanzania that included members of political parties and Political parties the Ministry of Local Government and Chieftaincy. The country de facto adopted a mixed system Women continue to occupy low ranking positions within political parties, or they are confined to Women's Wings where their primary responsibilities are to mobilise membership and support for the party - usually on behalf of male candidates. Most women within political parties opt to be placed on PR lists rather than contest FPTP seats. A telling indicator of the patriarchal attitudes that still pervade political parties is the decline in women's representation in FPTP seats from 28% in 2005 to 19% in 2011 to 10% in 2017.5 The third National Assembly elections in five years in 2017 resulted in a deadlock and the formation of a third coalition government as none of the parties could not garner the required two thirds- Mathabiso Moremi, Councillor from Kanana Community Council. majority vote. The present coalition government Photo: Ntolo Lekau is shared between four parties namely - All Basotho Convention (ABC), Alliance of Democrats (AD), 4 Lesotho Local Government Act 1997(amended 2004) Basotho National Party (BNP) and Reformed 5 2017 General Elections PISA consolidated manifestos. 6 Lesotho Coalition Agreement, August 2017 Congress of Lesotho (RCL).6 3 Table 3: Gender analysis of 2017 election manifestos GENDER SPECIFIC REFERENCES IN GENDER MAINSTREAMED IN QUOTA MANIFESTOS MANIFESTOS All Basotho Convention (ABC) - leading ruling party In the 2017 General Elections. •There is no reference made to women • Negotiate with banks to offer ABC indicated that the party is in the party manifesto. financial assistance on the basis of aware of the alarming •The only time women were mentioned making government as guarantor unemployment rate facing was to create business opportunity for women and young. women. Democratic Congress (DC) There is a 30% quota in all its • Mainstream 50:50 in all sectors. • Empower women and youth with structures. DC aim to empower • Abolish outdated laws and practices entrepreneurial skills. all groups of the society and that suppress women. • Provide financial access for ensure that all institutions adhere • Impose Paid Maternity Fund.