Posted: 9 January, 2025 Filed under: Mary Izobo | Tags: accountability, African Union, African Union Transitional Justice Policy, capacity-building workshop, Centre for the Study of Violence and Reconciliation, contested elections, CSVR, cultural heritage, fragile governance, governance challenges, healing, holistic policy framework, justice, Kingdom in the Sky, mental health, military coups, political crises, political instability, psychosocial support, reconciliation, stability, under-resourced
Author: Mary Izobo
Advocacy Manager, Centre for the Study of Violence and Reconciliation
Introduction
Lesotho, a small mountainous nation nestled in the heart of Southern Africa, stands at a pivotal moment as it charts its path toward stability and justice. Often described as the “Kingdom in the Sky” because of its breathtaking highland terrain, Lesotho’s journey is defined by its rich cultural heritage and the challenges of political instability.
From 2 to 5 December 2024, the Centre for the Study of Violence and Reconciliation (CSVR) and the African Union (AU), with support from GIZ, held a capacity-building workshop in Maseru, Lesotho. The workshop aimed to support the implementation of the African Union Transitional Justice Policy (AUTJP) and strengthen the capacity of Security Agencies and Civil Society Organisations (CSOs) in Lesotho, focusing on the critically important roles envisaged for them in the AUTJP. This initiative is part of the ongoing AU-CSVR Mission, designed to assist Lesotho in developing a responsive and holistic policy framework and implementing a comprehensive Transitional Justice process. Central to this initiative is the collaboration between CSVR, the AU, Lesotho’s National Reconciliation and Transitional Office (NRTO) and the Ministry of Law and Justice, whose leadership plays a vital role in driving and overseeing these processes. This capacity-building effort is part of a broader project to strengthen transitional justice processes across five AU member states, guided by the principles and standards of the AUTJP. The strong partnership between the AU, CSVR, the NRTO, and the Ministry of Law and Justice underscores the importance of a coordinated, national approach to justice, reconciliation, and accountability, paving the way for sustainable peace in Lesotho.
The capacity-building workshop aimed to popularise the AUTJP and address Lesotho’s history of political crises, governance challenges, and emerging/nascent transitional justice processes. This period of transitional in Lesotho offers an opportunity to address historical injustices and lay the foundation for sustainable peace and stability. However, achieving this depends on strong leadership, an inclusive approach, and the ability to confront systemic barriers that have long undermined the country’s democratic development.
The Importance of Transitional Justice for Lesotho’s Future
Lesotho’s history of political instability has been shaped by repeated cycles of contested elections, military coups, and fragile governance. While the country has made progress in democratising over the years, the persistence of political uncertainty marked by volatile coalition governments has left many Basotho uncertain about their government’s institutions and processes. Transitional justice in this context offers an avenue for mental health and psychosocial support, healing, accountability, and reconciliation, targeting the root causes of these cycles of instability. Transitional Justice seeks to respond to issues of impunity, human rights violations, and the erosion of state institutions while fostering social cohesion among communities and marginalised groups.
The AUTJP provides a guiding framework that is particularly relevant for countries like Lesotho as they embark on this journey. The AUTJP emphasises accountability, inclusion, participation, and adherence to human rights principles while also incorporating mechanisms such as truth-seeking, reparations, and institutional reforms. For Lesotho, engaging with guiding principles and frameworks like the AUTJP could strengthen its transitional justice mechanisms and processes. At the same time, international/development partners such as the EU and GIZ, CSVR and the AU offer financial and technical support, respectively.
Challenges
Lesotho’s path toward transitional justice is not without its challenges. One of the most pressing obstacles lies in political will, leadership, and the opposition parties. Many citizens view transitional justice through a lens of scepticism, fearing that it may become politicised and used to target dissenting voices rather than serve as a genuine mechanism for accountability and healing. For transitional justice to succeed, political leaders must demonstrate courage and integrity by showing their commitment to processes that prioritise the collective interest of the nation rather than narrow political gains.
Another significant challenge lies in the inclusivity of the process. Many people in Lesotho, just like other African countries, especially marginalised groups such as women, youth, and rural communities, feel disconnected from political processes and decision-making. Therefore, any transitional justice effort must actively engage the population, ensuring that all voices are heard and diverse perspectives are considered. Grassroots participation will foster a sense of ownership and ensure that the mechanisms in place address all citizens’ needs and concerns. Without this inclusive approach, the processes risk exclusion and failure.
In addition, the challenges of weak institutional capacity cannot be overlooked. Many challenges facing Lesotho’s governance are rooted in under-resourced and weakened institutions. The inability of these institutions to ensure transparency, accountability, and justice has eroded public trust. Transitional justice requires strong institutions that can implement reforms, support victims of injustice, and ensure that corruption or inefficiencies do not undermine accountability mechanisms. Strengthening these institutions will be critical for creating a sustainable and long-lasting framework for justice.
Furthermore, challenges persist in fully integrating security officials into the transitional justice framework. A lack of trust between the public and security institutions hinders reconciliation efforts. Overcoming this mistrust will require transparency, accountability, and a commitment to meaningful reforms. Equally important is ensuring that security officials feel included in transitional justice processes, as their buy-in is critical for the success of institutional reforms and broader reconciliation.
Opportunities
While these challenges present formidable hurdles, they highlight meaningful reform and nation-building opportunities. Lesotho has the chance to redefine its trajectory by adopting innovative and culturally sensitive transitional justice mechanisms that align with its unique identity and values. Traditional Basotho mechanisms, grounded in community-led reconciliation, peace and justice processes, could be integrated with modern legal frameworks. This blend of tradition and modern approaches could resonate more deeply with communities, creating a space where healing and accountability coexist.
Civil society organisations in Lesotho have also played a vital role in promoting democracy, accountability, and human rights. These groups have the expertise, networks, and connections to act as intermediaries between the government and communities, ensuring that the voices of ordinary citizens are heard. They are already actively advocating for reforms, transparency, and the implementation of justice mechanisms that align with the principles of equality and dignity, as they largely gathered during the capacity-building workshop. Strengthening these organisations through partnerships and technical support could enhance their ability to lead grassroots movements and mobilise communities toward collective healing and reconciliation.
A significant opportunity of Lesotho’s transitional justice journey involves strengthening the role of security officials, whose actions profoundly impact the success of peacebuilding and reconciliation efforts. Historically, Lesotho’s security forces have been both victims and participants in cycles of political unrest and violence. As a result, transitional justice must address its role holistically, integrating accountability mechanisms while rebuilding trust and capacity within these institutions.
By fostering dialogue between security officials, civil society, and the broader population, these institutions can help bridge gaps and create a shared understanding of security forces’ role in supporting transitional justice. Their leadership, coupled with the technical and financial support of the African Union, ensures that security reform is not just a peripheral aspect of transitional justice but a cornerstone of Lesotho’s journey toward peace.
Transitional justice in Lesotho also offers a broader opportunity to strengthen regional cooperation and partnerships. The country’s engagement with the African Union and other regional bodies can provide moral and financial support. Furthermore, with their experiences in transitional justice, neighbouring nations can serve as learning models, offering lessons on building sustainable and inclusive peace processes. This regional solidarity could be pivotal as Lesotho navigates its unique challenges.
Lesotho’s journey toward transitional justice involves addressing historical injustices and building a foundation for sustainable peace, stability, and good governance. The government, civil society, and the international community must collaborate to ensure this process is transparent, inclusive, and accountable. Lesotho can turn its legacy of political instability into a powerful story of resilience, healing, and renewal.
Conclusion
Lesotho is at a critical juncture and has the potential to reshape its future through a robust and inclusive transitional justice process. All stakeholders must recognise that transitional justice is more than a mechanism. It is a vision for a better, fairer, and more unified Lesotho. With genuine commitment, strategic leadership, and a focus on inclusivity, the country can confront its challenges head-on, strengthen its democratic institutions, and inspire hope for future generations. Transitional justice is not merely about the past; it is a blueprint for shaping a more just and equitable future for all Basotho.
With the support of the African Union, the Centre for the Study of Violence and Reconciliation, the National Reconciliation and Transitional Office (NRTO) leadership, and the Ministry of Law and Justice, the country can address past injustices and foster long-term reconciliation. However, success will depend on overcoming political and institutional challenges, ensuring broad public participation, and empowering civil society. By embracing these principles and maintaining a steadfast commitment to justice and peace, Lesotho can pave the way for a more unified, just, and peaceful future for all its citizens. The journey ahead is undoubtedly challenging, but with determination and collaboration, Lesotho can emerge as a beacon of hope and healing in the region.
About the Author:
Mary Izobo is an international human rights lawyer, gender equality advocate, and governance expert. She is the Advocacy Manager for the Centre for the Study of Violence and Reconciliation. She is also a 2023 Archbishop Desmond Tutu Leadership Fellow and a 2023 Alumna of the International Visitors Leadership Programme of the US State Department.
