public interest law programme

the programme       the lesotho project

context

‘White gold’ (water) flows from the mountains of Lesotho down to South Africa as part of the Lesotho Highlands Water Project (‘LHWP’), providing much needed income for the Lesotho economy.

Yet this stream of prosperity has not reached many thousands of people adversely affected by the first two phases of the LHWP. Over 30,000 people in Lesotho have been displaced to make way for two major dams, a hydropower plant, transfer tunnels and a wide network of roads. Two more dams are currently being planned.

Those displaced were promised that their lives would be as good as if not better than before the LHWP. Yet many remain homeless, isolated, hungry, and with no means of livelihood. Their environment has been polluted, cultural and social networks have been destroyed, and life expectancy has dropped. During the first two stages of the project, HIV/Aids was introduced by construction workers in the highland communities, and now nearly 1 in 3 adults is affected.

Thousands have yet to receive any or any adequate, compensation which they were promised over ten years ago, and to which they are entitled under laws passed by the Lesotho Parliament.

A Protimos Legal Team has now started working in partnership with representatives from the community, NGOs and South African advocates and an attorney to seek compensation and damages.

our work

Fiona Darroch, Executive Director of Protimos, was first approached by project-affected peoples and members of local civil society organisations because all options to provide restitution had been exhausted. Legal assistance is the only route left.

A Protimos Legal Team has now started working in partnership with representatives from the community, NGOs and South African advocates and an attorney to seek compensation and damages.

The project has three main components:

1. Test Cases:
   The Protimos Legal Team, working with South African lawyers, is preparing four test cases on behalf of the adversely affected communities. These test cases will set a precedent with regard to what compensation and damages should be paid to those affected by the LHWP, both in the past and in the future.
   
2. Legal Capacity Building:
   Protimos is building up the legal capacity of the community by running focused workshops on the law and legal processes. The Protimos Legal Team, advocates and attorney will train and mentor local lawyers who will then be able to take on similar public interest cases in the future.
   
3. Best Practice:
   Protimos will begin to create a body of common law jurisprudence in relation to large infrastructure projects, which can then be used to determine best practice by other international and national bodies in existing and future projects.

The clearest measure of the success of The Lesotho Project will be the moment when Protimos can step back to a consultative role, leaving a community with knowledge of and confidence in the law and the ability to assert their legal rights in future.