Litigating Impacts of Large Infrastructure Development Projects in Lesotho: Challenges and Opportunities

Abstract Communities that find themselves in the middle of exploitation of water and mineral resources in Lesotho often face multiple human rights violations including adverse social, cultural, environmental and negative gender impacts. Communities also face barriers that compromise their ability to access courts to seek justice and redress for project-induced harms. This paper makes the case for viability of strategic litigation as a tool to hold those in power accountable for rights violations to communities in Lesotho. The practice of bringing precedent-setting lawsuits of a public interest nature before courts can bring about judgments which advance the rights of communities. Context and litigation environment are crucial factors in determining the success or failure of strategic litigation. This paper examines the litigation environment, taking into consideration the limitations and opportunities presented by substantive and procedural law requirements. The discussion illustrates that while there are challenges around litigation resources, the litigation environment is generally conducive. Lesotho has extensive legal framework that provides a good foundation for communities to claim their rights. Additionally, courts have been progressive in their interpretation of the rules on legal standing and admission of amicus curiae in court proceedings, recognizing the broader benefits of litigating in the public interest. The paper concludes that there is an enabling litigation environment for civil society organizations to use the courts to protect the rights of communities, utilizing the existing legal frameworks and litigating in the public interest or intervening as third parties to assist the court in making decisions.