March 8, 2023in Our Blog

The Justice Gap, Innovation & Technology for Gender Equality

The Justice Gap, Innovation & Technology for Gender Equality

In line with this year’s theme for International Women’s Rights Day, the SLC recognizes the rights of women being affected by large development projects.

Despite the potential benefits of large-scale hydro projects, these projects inevitably have a considerable impact on women and their ability to support their families. In addition to challenges that are presented by patriarchy and cultural stereotypes that perpetuate gender inequality, women’s ability to obtain legal services and obtain access to justice and redress for losses they incur as a result of the projects remains a big challenge. Access to the internet, mobile phones, and stable connectivity constitute a great opportunity for women and organizations working towards supporting them to close the gender justice gap. With mobile devices and access to the internet, communities would be able to gather on-the-ground real-time data including recording the key resources in their areas and specific impact activities that would provide evidence that could support they are seeking formal justice in court.

In Lesotho, especially in the rural highlands where most communities affected by such projects are located, there is no access to electricity as a basic condition to even use a mobile device. In addition, very few people have mobile devices as the costs of these devices and data are restrictive and out of reach for many communities. This requires major and swift changes at the government policy level; in the first instance, Lesotho Highlands Water Project (LHWP) and Lesotho-Botswana Water Transfer Scheme (L-BWT) and other such projects in the country should provide communities with electricity. Connectivity is also a major issue within these areas even for those people that do have access to the internet. Action must be taken to ensure connectivity and improved network access. This will require partnerships and collaboration with all relevant stakeholders, but it is also mostly an issue of political will.

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March 3, 2023in Our Stories

Relocation of Graves: A Cultural Dilemma for Basotho Community

Mr Samuel Molomo expressed concerns over the issue of relocation of graves. He questioned this process from cultural view point. He also considers it very traumatising to families and entire community. When the process is carried-out, the project should be sensitive to traditional practises and customs of Basotho where reinterment ceremonies are concerned.

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March 2, 2023in Our Stories

Communities’ Right to Free Prior and Informed Consent Ignored in Lesotho-Botswana Water Transfer Scheme

Today we are at Ha Maphonkoane. We have been discussing the communities’ rights to Free Prior and Informed Consent (FPIC). They have a right to participate and to be consulted in all processes and decisions related to the Lesotho-Botswana Water Transfer Scheme.

They have expressed a sense of shock and anxiety at the thought of losing their lands and livelihoods as a result of this project. They are concerned that no official communication has come from the project official. Only 2 villages thus far have reported having visits from L-BWT officials of the 21 villages consulted by Seinoli.

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March 1, 2023in Our Blog

Communities in the Dark: Lesotho-Botswana Water Transfer Scheme Threatens Livelihoods and Cultural Practices

This week Seinoli Legal Centre continues to visit the remaining communities in Makhaleng which form part of those that will be affected by the Lesotho-Botswana Water Transfer Scheme, by providing legal Education and assisting the communities to establish community leadership structures that will enable them to effectively engage with project implementers and ensure that the rights and interests of the community are protected.

This project will take away the communities’ different means of livelihood such as fields, pastures, medicinal plants, and other important natural resources, and also affect their cultural practices and traditions.

It should be noted that these communities did not know about this project until Seinoli conducted awareness-raising campaigns in 2021. The communities claim they were completely in the dark regarding any information about this project as they’ve only seen groups of people and vehicles going in and out of the villages conducting what seems like surveys.

The communities requested that since their lives are at stake, they should be provided with all the necessary information concerning the project and informed about the dam processes.

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February 17, 2023in Our Stories

There are currently 9 communities in Mokhotlong that are affected by the Lesotho Highlands Water Project (LHWP) Phase II

Out of 9 communities, 4 are facing involuntary resettlement. Members of these communities during interviews by Seinoli Legal Centre expressed their concerns regarding the project which is just at its initial stage.

Mr. Maqebo Tsietsi from Mapholaneng opines that the compensation that communities are receiving is not fair and adequate. He states that the 86 cent/square metre compensation rate has been arbitrarily decided and has no basis compared to the harvest he gets from his fields. Communities are also complaining about the 50-year compensation period, claiming that the Land Act 2010 provides the right to use the land for 99 years. Therefore, they find the 50-year compensation plan baseless hence they reject it.

Community members pointed out that as a result of the project, they no longer have access to natural resources which formed an essential part of their livelihoods. They further expressed their concerns over LHDA’s unreasonable delay in disbursing compensation funds. Despite the fact that compensations are already inadequate, delays in disbursements further aggravate the chilling effect on communities.

The LHDA order of 1986 states that the Authority has the primary duty to ensure that the standard of living of the affected communities does not deteriorate, but rather is maintained or improved. The Order, read together with the Land Act of 2010 provides for prompt compensation even before entry into the property. This means that communities being affected are entitled to fair and adequate compensation.

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December 11, 2022in Our Blog

This year’s Human Rights Day slogan is “Dignity, Freedom, and Justice for All” and the call to action is #StandUp4Human Rights.

The Universal Declaration of Human Rights (UDHR) highlights the “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.”

Seinoli Legal Centre (SLC) is cognisant of the fact that economic cooperation with transnational companies and developmental projects such as construction of commercial dams under the Lesotho Highlands Water Project (LHDA) and the Lesotho-Botswana Water Transfer project (L-BWT) constitute a source of revenue representing a substantial part of foreign direct investment which, if managed in a viable, sustainable and transparent manner respectful of human rights, can contribute immensely to socio-economic development. However, with the exponential increase of large developmental projects in Lesotho, there are major risks of the occurrence of human rights violations including:

• Dispossession of land and displacement of communities;
• Lack of communities’ participation in key decision-making processes affecting them (Free, Prior, Informed Decision);
• Lack of adequate compensations for those affected;
• Environmental degradation;
• Lack of developmental projects, corporate social responsibility and livelihoods restoration for affected communities.

Based on this year’s Human Rights Day slogan which provides for dignity, freedom and justice for all, and in line with the SLC’s mandate of using the rule of law as a tool to protect communities affected by large projects in Lesotho, SLC calls upon the Government of Lesotho to fulfil its duty to protect human rights by ensuring that:

• It sets out clearly the expectation that all business enterprises domiciled in Lesotho or within its jurisdiction respect human rights throughout their operations;
• It exercises adequate oversight under the LHWP and L-BWT project, when it contracts with or legislates for, business enterprises to provide services that may impact upon the enjoyment of individuals’ and communities’ rights.
• It enforces laws that are aimed at, or have the effect of, requiring business enterprises to respect individuals and communities’ rights, and periodically to assess the adequacy of such laws and address any gaps, in particular, the provisions of the LHDA Order of 1986.
• It formulates as a matter of urgency a National Compensation Policy to ensure fair and adequate compensations for affected individuals and communities.
• It enacts, the Public Participation Act to ensure that the principle of Free, Prior, and Informed Consent is respected when dealing with communities.
• It takes appropriate steps to ensure the effectiveness of judicial mechanisms when addressing business-related human rights abuses, including reducing legal, practical and other relevant barriers that lead to a denial of access to remedy such as a legal requirement for a locus standi in judicio. (non-recognition of public interest litigation and judicial activism).
SLC further calls upon the business enterprises to fulfill their corporate responsibility to respect human rights by:
• Avoiding at all costs infringing on the rights of individuals and communities and address adverse human rights impact with which they are involved.
• Preventing or mitigating adverse human rights impacts that are directly linked to their operations.
• Having in place policies on human rights due diligence process to identify, prevent, mitigate and account for how they address their impact on human rights, and make such policies publicly available and accessible to communities.
• Enhancing the socio-economic status of affected communities through social corporate responsibility and other developmental projects within communities as well as communities’ livelihoods restoration.

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November 25, 2022in Our Articles

New water project worries rural dwellers

By The Reporter

Residents of Ha Joele, Ribaneng in Mafeteng district are fearful that the impending implementation of the Lesotho-Botswana Water Transfer Scheme will plunge them into the doom of losing their valuable properties. This emerged during the launch of Seinoli Legal Centre’s new website and the screening of two films depicting the voices of the residents and how they might be impacted by the giant transnational project.

The films showcase the impact of water infrastructure projects on host communities in the country, with Ribaneng community being one of them. Lesotho-Botswana Water Project compromises the construction of a dam and water storage reservoir in the Lesotho lowlands. The objective of the project is to undertake a full feasibility study for the bulk water conveyance system from the proposed dam on the Makhaleng River to transfer water to Botswana through South Africa, covering the technical, economic, and financial feasibility of the project. A chunk of villagers who will be affected lives in the area located between Makhaleng and Ribaneng rivers.

The Orange-Senqu Commission (ORASECOM) signed a Memorandum of Understanding in March 2013 to facilitate the implementation of executing feasibility studies on the project. An amount of US$2.68 million (slightly over
M45 million) was sourced from the African Development Bank (AFDB) through ORASECOM. According to documentation by the AFDB, the feasibility studies began in April 2021 with an expected completion date of June 2023.


Commenting on concerns raised by the Makhaleng community in the film, a consultant and senior lecturer in development studies at the National University of Lesotho (NUL) Setšabi Setšabi observed that public participation plays a vital role in issues that affect the community. As a result, he added, such participation should be taken into consideration before the commencement of the project as required by international law.

He said the film by Seinoli highlighted the theme of public participation and the anxiety of the people who are to be affected by the project. It also showed how through the grapevine the communities heard that they may be relocated. “These two things highlighted a major gap in access to information about the proposed dam. “Imagine after working so hard being told by the grapevines that your house will be relocated and your ways of living might change. That simply shows how anxious the community is over the project,” Setšabi added.

Further, he noted that Ribaneng community has its own way of life and culture which include farming, rearing livestock, and access to resources such as water and wood. “As a result, changing the way they live is going to be difficult for them especially if they do not have enough information on how the matter will be undertaken,” he warned. Setšabi said the document called The Basic Principles and Guidelines on Development-based Evictions and Displacement (2018) outlines the major public participation activities before, during, and after evictions.

He explained that before evictions the following activities should take place: appropriate notice, information
dissemination to affected communities, and dialogue with affected communities. Additionally, sensitization on human rights, participation in environmental, social, and human rights impact assessments as well as assessments of all personal assets should also be taken into consideration.

“During evictions all human rights standards must be observed, especially the rights of women, children, people with disabilities, and the elderly,” he observed. Setšabi added that after evictions, governments must ensure that the shelter – housing, food, water and sanitation, medical services, livelihood resources, education for children as well as standards of living are observed. Setšabi urged that the community should benefit from their own developments that are through access to jobs, greater food security, and access to potable water and water for their livestock.

The community also has rights to improved access to sustainable energy, improved road infrastructure, access to rangelands as well as access to fishing in the dam. For his part, legal practitioner Advocate Borenahabokhethe Sekonyela emphasised that public participation is one of the fundamental human rights for the communities to be part of decision-making in matters that affect their livelihoods. He said the legal right to access information is
also critical for the affected people adding that “people perish for lack of knowledge.” He noted: “Full information is required on the standard of living of the people in terms of health, socio-economic status, and others have to be fully documented before the commencement of the project,” He said the community has to benefit through compensation fund after losing their properties, especially land.

“Compensation should also be done because land is permanently taken from communities while compensation is only temporary for a 50-year period. “Future generations of the communities will never enjoy any benefit from the land which the forefathers had,” Sekonyela stressed. Seinoli is a public interest law centre that provides free legal services and support to communities which get affected by the implementation of large infrastructure development projects in the country. The center’s unique approach leverages strategic litigation, advocacy, and capacity strengthening of communities to empower such communities to demand and assert their rights.

In Southern Africa and specifically in Lesotho, the displacement of rural communities from their land, with little or no compensation, represents one of the negative impacts of land-based investments such as the construction of dams. It results in the displacement of rural communities from the land they depend on for growing food, building shelters, fetching water, grazing their animals, and accessing land-based resources.

The launch of the website was said to be a great milestone that will enable Seinoli to share its work with affected communities, members of the public, and other important stakeholders locally, regionally, and internationally. It will also enable the law NGO to receive feedback and learn how best to support the communities and improve services. The website is www.seinoli.org.ls

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