(a) Protection and assistance is given to all children and young persons without any discrimination for reasons of parentage or other conditions” 16. In addition, both the Constitution and Citizenship Order have a jus soli provision which provides the right to nationality for anyone born on the territory of Lesotho.16 These provisions also include a safeguard against statelessness by ensuring citizenship for those who do not qualify for citizenship but would otherwise be stateless. These provisions guarantee the right to a nationality for all children born in Lesotho. Article 38. Persons born in Lesotho after the coming into operation of the Constitution (1) Subject to the provisions of subsections (2) and (3), every person born in Lesotho after the coming into operation of this Constitution shall become a citizen of Lesotho. (2) Save as provided in subsection (3), a person shall not become a citizen of Lesotho by virtue of this section if at the time of his birth neither of his parents is a citizen of Lesotho, and (a) one or both of his parents possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Lesotho; or (b) one or both of his parents is an enemy alien and the birth occurs in a place then under occupation by the enemy. (3) A person born in Lesotho on or after the coming into operation of this Constitution who is disqualified to become a citizen of Lesotho by virtue of subsection (2) of this section shall become a citizen of Lesotho if he would otherwise become stateless. Section 5 of the Lesotho Citizenship Order of 1971: (1) Subject to the provisions of subsection (2), every person born in Lesotho after the 3rd day of October, 1966 shall be a citizen of Lesotho with effect from the date of his birth. (2) A person shall not become a citizen of Lesotho by virtue of this section if at the time of his birth - (a) neither of his parents is a citizen of Lesotho and his father possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Lesotho; or (b) his father is an enemy alien and the birth occurs in a place then under occupation by the enemy. (3) Unless he would thereby become stateless, a person born in Lesotho after the 3rd day of October, 1966 shall not become a citizen of Lesotho at the date of his birth by virtue of this section if his father is not on that date a Commonwealth Citizen. 16 Chapter IV of the Constitution of Lesotho 1993 and Part II of the Lesotho Citizenship Order No. 16 of 1971. To read the Citizenship Order, see http://www.refworld.org/pdfid/4c5849ad2.pdf. 5