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 248. A major challenge with regard to the right to self-determination in Lesotho is that the Constitution allows elected members of parliament to cross from one party to the other in parliament. This has been viewed as raping the will of the people in that the member who was elected under the banner or flag of one political party has the liberty to cross to another party without consultation with or permission of the people who elected him/her into parliament. ARTICLE 21: RIGHT TO DISPOSE OF WEALTH AND NATURAL RESOURCES Constitutional and legislative measures measures 249. Section 34 of the Constitution provides for the right to property in the following terms: Lesotho shall adopt policies which encourage its citizens to acquire property including land, houses, tools and equipment; and shall take such other economic measures as the State shall consider affordable. 250. Section 36 of the Constitution provides for protection of the environment. 251. Section 3 of the Mines and Minerals Act provides that all rights in minerals are vested in the Basotho Nation. 252. With regard to disposal of water and diamonds, the government of Lesotho has entered into treaties and adopted legislative measures which govern compensation for individuals and communities affected by the Lesotho Highlands Water Project (LHWP) and mining in Lesotho. Lesotho Highlands Water Project 253. Lesotho Highlands Water Project has been Lesotho’s dream for a long time and was realised in 1986 through a treaty which Lesotho signed with the Republic of South Africa. 94