Executive summary the king on the advice of the Council of State. The Council of State is composed of the top state officials from the executive, legislative and judicial branches of the state, a principal chief, as well as four nonstate stakeholders appointed by virtue of their skills and expertise. Its role is to advise and assist the king in the discharge of his functions. 4 4.3 The judiciary is headed by the chief justice, and consists of the Court of Appeal, the High Court, magistrates’ courts and local courts. There is a dual legal system in which the above-named courts use common law, whereas the traditional courts of the chiefs use customary law. 4.4 Lesotho has signed numerous international agreements, including the Charter of the United Nations (UN), the Constitutive Act of the AU, the NEPAD Framework Document, and the Southern African Development Community (SADC) Treaty. In addition, the country has signed other international agreements relating to the following: the recognition and protection of civil, political and cultural rights; human rights (women, children, racial discrimination, the status of refugees, labour, education, etc.); freedom of political association; war and conflict; crime; corruption; and human trafficking. However, Lesotho lags behind in the ratification, domestication and implementation of, and reporting on, the various agreements. The CRM was unable to obtain an updated register of the agreements and the status of their application. 4.5 Lesotho has taken important steps to resolve internal political conflicts through consultation and dialogue that culminated in the reform of the electoral system. The introduction of the Mixed Member Proportional (MMP) electoral system in 2002 is largely credited with enhancing open dialogue, achieving a more inclusive and broader political representation in the National Assembly, and generally bringing about the relative peace that has prevailed over the last few years. However, there is strong sentiment that there needs to be institutionalisation of local mechanisms as well as capacity development for dispute mediation and conflict resolution, which should involve the IEC and political parties, the churches, traditional leaders, and local nonstate actors. 4.6 Institutional conflicts involving the different state structures have been addressed through security sector reforms that involved the establishment of civil control of the military and the police, in line with the re-establishment of a democratic order in 1993. The reforms carried out from 1996 sought to clarify the command, control and administration functions of the military and introduced a process of depoliticisation and professionalisation of the Lesotho Defence Force (LDF). Similar reform measures aimed at improving the organisation, administration and discipline of the police service have also been introduced. 4.7 The Basotho generally perceive that there is constitutional rule in as far as their institutional arrangements and practices are guided by the 1993 constitution of Lesotho. However, the concept of the separation of powers is interpreted differently from the classic Western definition of the term because of the centrality of the king in the governance of the country. As a traditional leader, the king is central to the governance of the nation state. The monarch is regarded as the unifier of the Basotho nation. 4.8 The reality is that Lesotho has expressed political commitment by signing various covenants associated with the promotion and protection of human rights and liberties. However, the shortcomings in the processes of ratification, domestication and implementation mean that women,

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