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Katse Dam is the first Phase of the Lesotho Highlands Water Project which was constructed in 1991 and completed in 1998 on the Malibamats’o River, a tributary of the Orange Senqu River. The communities living around the dam area have experienced several adverse consequences including social disarticulation, dispossession of livelihoods, and cultural alienation to name but a few. One of the glaring issues concerning this project is how the communities no longer have access to water. This past week, the world celebrated international water day, yet the communities in Katse claim not to have access to clean running water. The communities also have to walk long distances to the limited water sources which have been availed to them after losing their natural water resources.

The communities’ natural springs and wells have dried up as a result of the project, which has resulted in perplexing life changes amongst the communities. For 16 years, the village of Mapeleng lacked access to clean drinking water. During the inundation of the Katse dam, the community’s natural springs dried up. The community literally drank from ponds containing unclean water and the entire village suffered from waterborne diseases. 20 years later, the communities that sacrificed to make way for the dam project, continue to suffer immensely.

There is an urgent need to flip the lens towards the needs of communities so as to close the justice gap and safeguard the rights and sustainable livelihoods of communities being affected by large development projects. Project implementors must ensure access to water and sanitation as a preventive measure and a prerequisite for an adequate standard of living.

Water is a critical dimension of sustainable development as articulated in SDG-6 ( Ensure availability and sustainable management of water and sanitation for all) which states that by 2030 that there should be equitable access to safe and affordable drinking water for all, access to adequate and equitable sanitation and hygiene for all and end open defecation, paying special attention to the needs of women and girls and those in vulnerable situations and the Water Act 2008 justifies that water is one of the most important resources.

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.

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.

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.

Today the Expert Mechanism on the Right to Development is visiting Maloraneng which has been affected by the Lets’eng Diamond Mine to also hear the challenges facing the community regarding the mine.

The Expert Mechanism on the Right to Development has visited communities affected by the Lesotho Highlands Water Project Phase II, Polihali Dam, to hear the challenges facing affected communities.