VZCZCXRO9556
OO RUEHBZ RUEHDU RUEHJO RUEHRN
DE RUEHMR #0379/01 1801252
ZNR UUUUU ZZH
O 291252Z JUN 07
FM AMEMBASSY MASERU
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3107
INFO RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
RUEHMR/AMEMBASSY MASERU 3481

UNCLAS SECTION 01 OF 02 MASERU 000379 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR AF/S 
 
E.O. 12958: N/A 
TAGS: PREL PGOV KDEM ASEC PHUM LT
SUBJECT: LESOTHO: SADC MEDIATION SUCCESS AMID ABUSE ALLEGATIONS 
 
REF: A) MASERU 371; B) MASERU 365 AND PREVIOUS 
 
MASERU 00000379  001.2 OF 002 
 
 
¶1. (SBU) SUMMARY:  After a turbulent week of negotiations (June 
25-29), ongoing SADC mediation efforts between Lesotho's 
governing and opposition parties appear to have made progress as 
stakeholders have identified outside experts to evaluate 
Lesotho's implementation of the Mixed Member Proportional (MMP) 
system and set their terms of reference.  Former President of 
Botswana Masire, head of the SADC team, postulated to the 
diplomatic corps that the "experts" could help resolve disputes 
over the MMP model, a prerequisite for the mediation process to 
address broader political tensions.  Simultaneously, troubling 
accusations continue to emerge regarding unidentified forces 
which allegedly took into secret custody and mistreated former 
and current military personnel.  END SUMMARY. 
 
-------------------------- 
 
Diplomats Meet SADC's Masire 
 
-------------------------- 
 
¶2. (SBU) On the morning of June 28, resident chiefs of mission 
held a breakfast meeting with former President of Botswana, 
Ketumile Masire, the Southern African Development Community 
(SADC)'s designated mediator for talks between the GOL and 
opposition parties.  The former President returned to Lesotho on 
June 25 and kicked off the formal dialogue on June 26.  Masire 
and his team, comprised of officials from Botswana, Tanzania, 
and SADC, told the diplomatic corps that they had come to 
address two "packages" of issues related to Lesotho's unresolved 
political impasse: 1) general political tensions; and 2) the 
application of the Mixed Member Proportional (MMP) model 
following the country's February 2007 general election. 
 
¶3. (SBU) Masire stated that stakeholders in the mediation 
process, including political parties, the Independent Electoral 
Commission (IEC), and civil society, were unable to address 
general tensions, and instead had focused on MMP issues. 
Admitting that the SADC team had been "caught napping" on 
several important issues, he stated that he temporarily 
suspended the negotiations on June 27 to work separately with 
the opposing factions on breaking a deadlock over how to deal 
with an ongoing MMP-related court case.  He noted that the 
involvement of outside experts on the MMP system would be key, 
and that the expert advice could be used as a benchmark to 
decide whether to review the allocation of parliamentary seats. 
 
¶4. (SBU) Masire described the Basotho negotiators as courteous 
and polite, but also somewhat intractable regarding their 
positions.  Masire appeared generally optimistic, but recognized 
the deteriorating security situation as a concern.  Regarding a 
time frame, Masire noted that if the talks proceeded 
successfully, it should be possible to have the outside experts 
conclude their assessment and recommendations by the end of 
July.  Charge encouraged Masire to persist in his efforts, as 
the dialogue mechanism represented the only realistic hope for a 
resolution of the impasse.  Masire responded simply, "Where 
there is a will, there is a way." 
 
¶5. (SBU) Masire also said during the meeting with diplomats that 
it should be possible to address several "give and take" issues 
that are at the heart of the impasse.  He noted that: 1) it 
appears unreasonable for the GOL to place parliamentarians who 
lost their elected seats into cabinet positions; 2) it is 
"clear" that there is either a misunderstanding or intentional 
manipulation by all parties, opposition and government, of the 
MMP system; and 3) it is not reasonable for the GOL to refuse to 
recognize the All Basotho Convention (ABC), which gained the 
most seats after the governing LCD, as the official opposition. 
 
--------------------- 
 
Then, a Breakthrough? 
 
--------------------- 
 
¶6. (U) When negotiations resumed on June 28, stakeholders 
reportedly agreed to engage experts to determine whether the 
allocation of proportional parliamentary seats was conducted in 
compliance with the MMP system.  The stakeholders agreed on the 
following experts: 1) Dr. Michael Krenerich (Germany); 2) 
Professor J. Elklit (Denmark); 3) Dr. Khabele Matlosa (Lesotho, 
Electoral Institute of Southern Africa); 4) Mr. Michael Polley 
(New Zealand, Member of Parliament); and 5) an administrative 
lawyer (yet to be selected). 
 
¶7. (U) The stakeholders also reportedly agreed on terms of 
reference for these experts.  The terms stipulate that the 
experts will establish the nature, objective, provisions, and 
spirit of Lesotho's MMP system in order to explore whether any 
 
MASERU 00000379  002.2 OF 002 
 
 
political parties or the Independent Electoral Commission (IEC) 
undermined it in the 2007 elections.  The terms of reference 
also give the experts a mandate to examine: 1) the legality of 
the candidate lists which were used for the distribution of 
proportional representation seats; and 2) whether the allocation 
of proportional seats complied with the MMP model following the 
2007 elections.  The experts would then make such 
recommendations as they may deem necessary, including on 
remedial measures, if any, concerning allocation of proportional 
seats in Parliament following the 2007 elections. 
 
---------------------- 
 
Ugly Abuse Allegations 
 
---------------------- 
 
¶8. (U) As a backdrop to the mediation effort, various local 
media outlets reported over the last week of alleged abductions 
of current and former LDF soldiers as well as bodyguards of 
Thomas Thabane, leader of the ABC.  Private radio station 
Harvest FM reported on June 25 that two of Thabane's bodyguards 
were abducted by unknown gunmen.  Later, the station reported 
the names of five other known ABC supporters which it claims are 
missing: Thabo Thants'i, Makotoko Lerotholi, Semoli Semoli, 
Mokherane Tsatsanyane, Elias Motlomelo and Khotso Lebakeng. 
Minister of Communications Mothojoa Metsing and LDF Commander 
General Thuso Motanyane denied any knowledge concerning these 
individuals when questioned by opposition parties on June 25. 
 
¶9. (U) The family of Thabo Thants'i, a former soldier and 
bodyguard to the ABC leader, stated that he was abducted by 
unknown gunmen from his home on June 22.  Later reports placed 
him at Makoanyane Military Hospital (MMH) outside of Maseru.  On 
June 29, Thants'i called Harvest FM from South Africa claiming 
that he had escaped from MMH after several days of torture by 
members of the Military Intelligence and Military Police 
sections of the LDF.  He added that other former and current 
soldiers remain captive at MMH with injuries.  He claimed to 
have recognized several of the soldiers involved with his 
interrogation and named them on air (LTC Kamoli, LT Mochesane, 
SGT Mokone, CPL Mahlala). 
 
¶10. (U) Meanwhile, the Lesotho Chapter of the Media Institute of 
Southern Africa (MISA) organized a protest march for June 29 in 
connection with the detention and subsequent sedition charges 
leveled against their regional chairperson, journalist Thabo 
Thakalekoala (ref A).  MISA invited all media houses and the 
general public to join the protest.  The march's aim is to 
present a petition to the Prime Minister's office urging the GOL 
to drop charges against Thabo Thakalekoala. 
 
--------------------------- 
 
Encouraging Progress Amidst 
 
Discouraging Abuse Claims 
 
--------------------------- 
 
¶11. (SBU) COMMENT:  The apparent agreement among stakeholders in 
the Masire dialogue regarding a visit of electoral experts is a 
positive development.  The terms of reference, including the 
right of the experts to suggest remedial measures if they 
conclude that the parliamentary seat allocation was incorrect, 
are more muscular than most observers had predicted.  While 
recent progress in the Masire talks improves prospects for the 
dialogue to resolve the impasse, reports of "abductions" cast a 
shadow on the general political atmosphere.  The true 
relationships among the polite political figures sitting around 
Maseru's negotiating tables by day and the shadowy figures 
engaged in conflict by night remains an open question.  END 
COMMENT. 
MURPHY