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By Seinoli Legal Centre Executive Director, Reitumetse Nkoti Mabula and Oxfam South Africa Global Impact Manager, Marianne Buenaventura.

The next phase of the Lesotho Highlands Water Project is underway, and the human rights costs are high. Hundreds of families will be involuntarily resettled and displaced from their homes and lands. Multitudes stand to lose thousands of hectares of arable and grazing land.

Recognized as one of the most outstanding engineering achievements of the last century, the Lesotho Highlands Water Project (LHWP) is indisputably an engineering marvel that was also hailed for the profound economic benefits it would bring to both Lesotho and South Africa.

It has instead become internationally notorious for its devastating socioeconomic and environmental impacts on highland and downstream communities. But this is hardly ever highlighted as much as the engineering achievements or the perceived economic and service delivery benefits for the two countries.

Phase 1 of the project, involving the construction of Katse Dam and Muela Hydropower Station (Phase 1A) and Mohale Dam (Phase 1B), dispossessed more than 30,000 Basotho of their cropland and grazing land. The expropriation of land was executed without equitable/fair compensation and proper livelihood restoration plans.

The project submerged 1,500 hectares of arable land, 1,900 ha of cropland and more than 5,000 ha of grazing land, exacerbating soil erosion and overgrazing as farmers were forced to cultivate on progressively steeper slopes and graze animals in increasingly smaller and condensed areas.

There have been long-term concerns that communities did not get direct economic benefits and/or continued support where such benefits had been provided. Many of these communities are without water, and in some, the water supply from natural springs has been polluted while others have been destroyed due to a lack of maintenance.

Communities are not allowed to access the dam water for household use, irrigation or for livestock to drink. Fishing in the dam was for a long time expressly prohibited until recently. Communities are now permitted to fish with a fishing licence.

“The dam contributed to increasing vulnerabilities, including the risk of HIV infection. Relationships between female residents and construction workers were common, and transactional sex (the exchange of sex for money or gifts) between local schoolgirls and construction workers was rife. HIV/Aids infection rates skyrocketed in construction areas, yet these communities remain without access to basic healthcare services.”

“With the social influx and labour migration expected when construction of the dam itself commences, the risk that transactional sex will resume also increases the risk of increased HIV-infection rates, especially among young women. Research has shown that adolescent girls and young women are significantly more at risk from HIV infection due to transactional sex, compared with men and boys of the same age.”

These are known facts, to both Lesotho and South Africa, and it is heartbreaking that they have now started the second phase of the LHWP without addressing these residual issues, which violate human rights on many levels.

These violations include unfair evictions and the relocation of indigenous communities from their traditional lands; sexual and gender-based violence being exacerbated by increased labour, including migrant labour required for construction work; and extensive environmental degradation, including water and other critical natural resources on which communities rely for both sustenance and their livelihoods.

Contracts for the construction of Polihali Dam, Phase 2, were awarded in November 2022. There are 36 affected communities in the remote Mokhotlong district where the dam will be constructed.

Hundreds of families will be involuntarily resettled and displaced from their homes and lands, a process that will have significant economic and socio-cultural implications for generations to come. Multitudes stand to lose thousands of hectares of arable and grazing land.

The result is going to be food insecurity, impoverishment and the breakdown of social networks and culture. But this is not being given as much attention as the majestic bridges, the gigantic dam and the beautiful roads that open the highlands to tourists.

Up to this point, the Lesotho Highlands Development Authority (LHDA), the project’s implementing authority, has been implementing advanced infrastructure works (such as the construction of roads and bridges and the erection of power lines) to make way for the construction of the Polihali Dam. There are nine communities that are at the epicentre of these works.

Astoundingly, the governments of South Africa and Lesotho have not learned any lessons from the implementation of Phase 1, because the same mistakes are being repeated:

• Compensation is not being paid or is delayed and inadequate;
• Access to water has been impeded and women are forced to walk long distances to fetch water at times from unsafe water sources shared with animals. Some are forced to collect water from river streams that have been polluted by LHDA contractors;
• There is no access to health facilities – people are forced to walk up to two hours to access the nearest health centre; and
• There are reported cases of sexual exploitation of young women who are forced to sell their bodies for work or for money. With the social influx and labour migration expected when construction of the dam itself commences, the risk and prevalence of HIV in these communities will increase, contributing to increasing vulnerabilities within communities and particularly among women.

Lesotho has in recent years been affected by climate change shocks including unusual dry seasons and heavy rains which have affected agricultural production, leaving the majority of the population food insecure with at least 521,000 people in food crisis. The Polihali Dam is going to worsen the situation.

It is therefore imperative that government officials from South Africa and Lesotho – and also development finance institutions supporting the project (the Development Bank of Southern Africa, the New Development Bank and the African Development Bank) – ensure that project compliance with environmental, social and climate-related standards are met from the earliest stages of the project.

There is an urgent need for the LHDA under Phase 2 to mitigate the severely negative impacts of the dam construction and operation on communities by ensuring, among others, meaningful consultation with communities throughout all project planning and implementation stages; adequate and fair compensation for resettlement, including for women; and devising a responsive livelihoods restoration policy which takes into consideration climate change shocks.

It is well known that large infrastructure projects can increase the risk of several forms of gender-based violence (GBV) such as sexual exploitation and abuse and sexual harassment, including the demand for sex work. Mega-infrastructure projects such as the first phase of the LHWP have proven to increase the vulnerability, including worsening levels of poverty, inequality and GBV, of affected communities.

In the case of the LHWP 1, when land redistribution occurred, women were extremely vulnerable to GBV, not only physical but also economic violence. In Lesotho, where the legal system precludes women from holding land titles, families who had received some limited minimal compensation for resettlement often excluded women and female-headed households.

This problem is not unique to Phase 1 of the project; even under Phase 2, women continue to face the same challenges.

Manako Lethari of Tloha-Re-Bue, Mokhotlong, is an example of the majority of women affected by the Polihali Dam. Like them, she has been excluded from compensation in favour of her estranged husband who was deemed as the head of the household by the LHDA. Her complaints and pleas for assistance have fallen on deaf ears.

Lethari continues to live in abject poverty with her 36-year-old disabled daughter. Her dilapidated wheelchair occupies the side of the small traditional rondavel which they call their home. It has weeds growing out of the thatch roofing that is already in a desperate state of disrepair. It is a miracle that it has not yet collapsed with the heavy rains and strong winds the country has recently experienced.  

It is high time that infrastructure development projects such as LHWP 2 – which include support from development finance institutions mandated to promote inclusive, sustainable development – empower and not disempower women.

All stakeholders involved in LHWP 2 should commit to making every effort to learn from the mistakes made in the first phase of LHWP. At the very least, LHWP 2 should convene effective and timely community consultations, provide basic services such as clean water, and ensure adequate and fair compensation to all affected communities – especially women who have in the past been left behind.

This would be a real way in which South Africa, Lesotho and all stakeholders involved in LHWP 2 can honour Human Rights Month. The 2023 theme for Human Rights Month in South Africa is, “#LeaveNoOneBehind – walk for your rights”.

Now is the time to take concrete action towards meaningful engagement with affected communities in Lesotho and move forward, not backward, on the UN Sustainable Development Goals. DM

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

The Reporter

Communities along the newly constructed Ha Seshote-Polihali Dam road which connects Leribe to Mokhotlong want the construction of the road to be halted immediately after their protest turned into a police atrocity. When the Lesotho Highland Development Authority (LHDA) 2019 started construction of the Phase II road from Ha-Seshote to Polihali Dam, the communities were excited at the prospective benefits of the road. However, they are now disappointed after police officers brutally assaulted them on May 10, 2022.

Community members report that members of the Ha-Lejone police and the Lesotho Defence Force mercilessly annihilated the community members when they staged a protest for compensation for their assets and against a power outage that had lasted three weeks. About 40 men and women, some of them very old, and the chief of the village were tortured by being made to perform degrading and physically daunting exercises like squats and rolling on a gravel road, while they were also immersing them in the river. The security agents also hurled profanities while thrashing their victims.

In an interview this week, one of the victims 70-year-old ‘Matsotang Selialia said her body was still sore and she could not exert herself in any way. “I cannot begin to describe the pain I am experiencing; my knees cannot carry me anymore. Given my age, what those people did to me was as disrespectful as it was dehumanizing. What makes it even more disturbing is that it was carried out by people we are supposed to trust,” Selialia said angrily.

She asked for compensation funds to seek medication. She also suggested that the wayward police officers and soldiers be suspended with immediate effect. Another victim ‘Marethabile Maieane (38), said she struggles to relieve herself due to injuries she sustained to her buttocks and other parts. She worries about losing her job at a local restaurant; she has not been able to report herself at work due to her condition.

The chief of Liseleng, Kose Sekonyela, said the protests were triggered by blasting activities done by a company identified as HSPY Joint Venture in April. “Without engaging the community, the owners of HSPY, Dion Mapinde, and Mark, unilaterally appointed Community Liaison Officer (CLO) who is proving to be very ignorant.

“We used to be warned beforehand when the blasting activity was about to take place. However, it came as a surprise when we explosions from the rocks in our area. The blasting destroyed people’s houses and affected our livestock. It also caused a power outage which disrupted people’s lives. “I tried to approach the CLO who promised to promptly attend to the matter. But the activity did not stop hence the community decided to take matters into our hands,” he said.

Sekonyela insisted his people were well within their rights as they wanted to be heard. He was particularly incensed that, instead of hearing the people out, HSPY decided to call in armed policemen and soldiers to do its dirty work. “I am not happy with the incident, even though those police officers later came to apologise to the community on Sunday. It is wrong to torture people when they fight for their rights,” he concluded. Human rights lawyer Borenahabokhethe Sekonyela stated categorically that the community’s rights had been blatantly violated, and reiterated that everyone has a right to life and to liberty, as well as freedom from slavery, torture, discrimination
and a fair trial.

“As a lawyer, I regard what the police officers and soldiers did as illegal. I totally condemn what they did, especially to the chief and the women who I have heard were being kicked around and forced to on the ground without considering their privacy as females,” Sekonyela said. Sekonyela poured scorn on claims that the community
members were in breach of the Penal Code and disturbing the peace. He has instituted legal proceedings on behalf of the community, against the security agencies. The matter will be heard by the Thaba Tseka magistrate’s court on Monday.

Meanwhile, Seinoli Legal Centre’s liaison officer Mothusi Seqhea condemned the heavy-handedness of the police and reiterated that such assault and torture were a glaring violation of the victim’s rights. “As Seinoli Legal Centre it is our mandate to assist the communities that are affected by large development projects. Therefore, we are going to provide legal assistance to the Liseleng community to ensure they get justice,” Seqhea said. In another development, LHDA public relations manager Gerald Mokone urged the Liseleng community to allow the road construction process to proceed while LHDA addresses its concerns. He also promised that the blasting activity will be done the right way.

Survivors of Lesotho Dams (SOLD) chairperson Lenka Thamae says the organization is going to report Lesotho Mounted Police Services to the Commonwealth Secretariat after policers officers brutally assaulted protestors at Liseleng in Thaba-Tseka. Addressing a press conference in Maseru this week, Thamae pleaded with the minister of water to go and apologies to the Liseleng community which was assaulted and degraded on May 10, 2022. He said the community was protesting the Lesotho Highlands Water Project for compensation for their properties that have been affected during the construction of the road that leads to Polihali Dam.

“SOLD cannot condone this behaviour that was displayed by the Lesotho police officers by abusing people when they fight for their rights. There are documentaries and studies that show that Lesotho police officers are dirty.
“We want the police to also go and apologise to those people; we demand that people who were injured in the fracas be taken for medical attention and compensated. “We have also heard reports of police molesting community members over their fields and assets that have been affected by the construction of the road that leads to Polihali,” Thamae said.