THE KINGDOM OF LESOTHO COMBINED SECOND TO EIGHTH PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS AND INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA 238. In terms of sections 1 and 2 of the Constitution, the territory of Lesotho shall comprise all the areas that immediately before 4 October 1966, were comprised in the former colony of Basutoland together with such other areas as may from time to time be declared by an Act of Parliament to form part of Lesotho. 239. Constitutionally, the people of Lesotho have the right to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. This thus complies with both components of the right of self-determination being external self-determination; and internal self-determination which refers to a right of peoples to determine how they shall be governed and the right to be free from despotic governments. 240. The obligation to ensure free and fair periodic elections is vested in the Independent Electoral Commission (IEC) whose mandate and activities as well as Lesotho’s electoral model are discussed under article 13 on the right to participate in government. Legislative measures 241. To ensure effective implementation of the right to self-determination, Lesotho has enacted the National Assembly Electoral Act 2011 which governs elections to the National Assembly. The government of Lesotho has also decentralised power through creation of local government councils. Elections into these councils are governed by the Local Government Elections Act 1998 (as amended). The first Local Government Elections were held in 2005 and the latest on 30 September 2017. Creation and empowerment of Local Councils has deepened participatory democracy in Lesotho. 242. One of the unique results brought by the electoral system in Lesotho is that in the 2012, 2015, and 2017 (snap) national assembly elections no single political party attained enough seats to form government. Hence in these years Lesotho had coalition governments. 92

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