Lesotho project
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Initial research and fieldwork
17 June 2009
Qach, our Project Lawyer, has, since the middle of May, been researching the background to the many complaints against the Lesotho Highlands Development Authority (LHDA), the government body charged with the distribution of compensation to the adversely affected communities in the areas of the Lesotho Highlands Water Project (LHWP). There has been much conflicting dialogue over what compensation has been promised and what has actually been received.
Much research reading has taken place, along with field work within the many affected communities. Qach is from a region of Lesotho which has been affected by one of the dams, and he has been easily able to identify with the communities we aim to assist. Along with our Liaison Officer, Qach has visited over 7 villages to which people have been resettled, and has attended many public gatherings (pitsos), gaining a much better understanding of the communities as a whole, and hearing about the challenges they face.
In the village of Ha Makotoko there are a score of resettled people where basic housing has been provided by the LHDA, but which is not adequate since there has been no electricity installed, despite promises. Similarly, in Ha Mosuoe, there has been no compensation for communal assets; a medical clinic and school were promised, but have not been provided.
Additionally, according to the Co-operative Societies Act No. 6 of 2000, those under the age of 18 are deemed ‘minors’ and cannot therefore be deemed eligible members of a co-operative society. The result being, that those who have lost parents as well as their homes, are being left completely without aid. Finally, and one of the most important issues to address, is that land has not been compensated for; a huge issue for a people whose way of life is based almost entirely on agriculture.
As a result of the research which has been conducted, Qach has been able to fully appreciate the problems faced by the affected communities, and can now move on to build a legal foundation for dealing with and addressing the justification of the LHDA’s non compliance or failure to fulfill its obligations, and ultimately, to select test cases.
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