difficult to estimate how Lesotho has improved this percentage over the reporting
period.
21. This low percentage has a number of possible causes, although further research on it
is needed. Births in rural areas are less likely to be registered, with a percentage of
40.1% in 2014. 21 While birth registration is free, the penalties levied for late
registration of birth is a major disincentive for parents once it is not done after three
months. Moreover, in the absence of parents, those registering births often do not
know which documents to produce to facilitate birth registration. Another issue is
that, while computerisation of birth registration offers potential, the registration
services are often brought to a halt when the computers are broken.22
22. Finally, there is need for provision of free services including outreach facilities in the
remotest areas of the country to especially encourage poor communities and
vulnerable groups to exercise their rights to registration at birth.23
Naturalisation of stateless persons and foundlings
23. Lesotho is to be commended for the 2018 amendment of its Constitution to include
dual citizenship.24 However, a number of issues remain to be resolved in order for the
right to nationality to be fully protected.
24. The Citizenship Order, section 10 (1)(a) and (b) makes provision for a stateless person
to apply for Lesotho Citizenship at the age of 18 but requires that the stateless person
resided lawfully in Lesotho prior to his application as a condition. This is often an
impossible requirement, as stateless persons often do not have any enabling
documents and are not in a position to acquire legal status in any country in the
absence of a special consideration such as a statelessness determination mechanism
(procedure) to document such person.
25. Application may be made to the Minister as in the form set out in the Second
Schedule, for registration as a citizen of Lesotho by a person who:
a. “Has attained the age of eighteen years and who is stateless; and
b. Is lawfully sojourning [staying] in Lesotho and has since the 4th day of
October, 1966, or since such earlier date as the Minster may order (and
the Minister is hereby empowered so to order), been lawfully
sojourning [staying] there for a period of three years immediately
preceding the application; and
c. Has neither been convicted of an offence against the security of
Lesotho nor been sentenced in any country to imprisonment for a term
of five years or more in respect of a criminal offence that would, if it
had been committed in Lesotho have been likewise punishable; and
d. Is willing to take the oath of allegiance; and
21
World Bank (2014): https://data.worldbank.org/indicator/SP.REG.BRTH.RU.ZS?locations=LS/
Eastern and Southern Africa Conference on Universal Birth Registration “Improving Services to Protect the
Rights of the Most Vulnerable Children” (2005) Mombasa, Kenya pg 2.
23 Eastern and Southern Africa Conference on Universal Birth Registration “Improving Services to Protect the
Rights of the Most Vulnerable Children” (2005) Mombasa, Kenya pg 2.
24 https://citizen.co.za/news/news-africa/2044388/lesotho-amends-constitution-to-allow-for-dual-citizenship/.
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