5. This submission will focus on the following challenges and concerns relating to every
person’s right to acquire nationality in Lesotho:
I.
Difficulty in accessing birth registration and /or documentation for children
born in Lesotho;
II.
The passing on of citizenship for only one generation born outside of the
country;
III.
Challenges related to acquisition of citizenship of stateless children;
IV.
Gender discrimination and discrimination based on marital status of parent.
Previous UPR of Lesotho under the First and Second Cycle
6. Lesotho was previously reviewed during the 8th and 21st and sessions of the UPR, in
2010 and 2015 respectively. During the first cycle, Lesotho received two
recommendations from Canada to include in the Constitution and other legislation, a
provision prohibiting discrimination against women in matters such as adoption,
marriage, divorce, devolution of property, burial and death. These recommendations
were noted by Lesotho. During the second cycle, Lesotho received a recommendation
by Latvia to ensure that “birth registration is effectively implemented and enforced by
allocating sufficient human and financial resources to the National Identity and Civil
Registry Department to promote the effectiveness of birth registration systems and
processes”. Mexico made the recommendation to “take measures to ensure the
universal registration of births, including through the simplification of necessary
requirements and the removal of costs”. Both recommendations were accepted by
Lesotho.
Lesotho’s International obligations
7. Lesotho acceded to the 1954 Convention on the Status of Stateless Persons and the
1961 Convention on the Reduction of Statelessness on 24 September 2004. These
conventions provide for international obligations to protect the right to a nationality
and protect the rights of stateless persons.
8. In addition to the statelessness conventions, Lesotho has also acceded to the
International Covenant on Civil and Political Rights which provides under Article 24(23) that every child shall be registered immediately4 and that every child has a right to
a nationality.5 On 9 September 1992, Lesotho further acceded to the International
Covenant on Economic, Social and Cultural Rights which contains articles protecting
categories of persons from discrimination.6
4
Article 24(2) “International Covenant on Civil and Political Rights” Adopted by the General Assembly of the
United Nations on 19 December 1966.
5 Article 24(3) “International Covenant on Civil and Political Rights” Adopted by the General Assembly of the
United Nations on 19 December 1966.
6 Article 2(2) provides that States Parties to the present Covenant undertake to guarantee that the rights
enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex,
2