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.
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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,