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 258. Provision for compensation of affected communities is contained in articles 7(18) and 15 of the LHWP Treaty which was domesticated through the LHWP Order of 1986. Article 17(18) provides that Lesotho Highlands Development Authority (LHDA) shall effect all measures to ensure that members of local communities in the Kingdom of Lesotho, who will be affected by flooding, construction works, or other similar project-related causes, will be enabled to maintain a standard of living not inferior to that obtained at the time of first disturbance: provided that such authority shall effect compensation for any loss to such a member as a result of such project-related causes, not adequately met by such measures. 259. Article 15 provides that the parties (the governments of Lesotho and South Africa) agree to take all reasonable measures to ensure that the implementation, operation and maintenance of the project are compatible with the protection of the environment and, in particular, shall pay due regard to the maintenance of the welfare of persons and communities immediately affected by the project. 260. The mode of compensation which the LHDA provided is cash compensation. This mode of compensation has posed several challenges including delay in paying out the compensation and also that the cash economy has impoverished the communities resulting in deterioration of their standard of living. The communities which were resettled to the urban areas no longer have access to land and suddenly have to pay for everything including water, which they accessed freely while still staying close to the rivers and wells in the highlands. There has also been loss of communal living and sharing which existed before.52 261. The major challenge surrounding the LHWP is that from the onset the 1997 LHDA Compensation Policy was not adhered to as there was no public participation in the design and decisions on the compensation packages. Some authors such as Tsikoane and 52 Ombudsman reports 2003 and 2006 96