9. Lesotho has also signed and ratified the Convention of the Rights of the Child. Article 7 provides for the child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality.7 Article 8 obliges States Parties to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognised by law.8 Lesotho is also party to the Convention on the Elimination of All Forms of Discrimination against Women, Article 9 of which, protects the equal nationality rights of women. 10. Lesotho also acceded to the International Convention on the Elimination of All Forms of Racial Discrimination on 4 November 1971. Article 5(d)(iii) encompasses the enjoyment of the right to nationality without discrimination. 9 The Kingdom has further acceded to the Convention on the Rights of Persons with Disabilities on 2 December 2008, providing for the right to a nationality under Art. 18(i)(d). 10 Furthermore, the right to a nationality is included in Article 15 of the Universal Declaration on Human Rights. 11. On a regional level Lesotho ratified the African Charter on the Rights and Welfare of the Child in 1999, which provides for the right to a name and nationality for every child in its Article 6.11 The Children’s Protection and Welfare Act, enacted in 2011 incorporated both the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child into the national framework.12 12. During the reporting period, Lesotho was reviewed by two UN Treaty Bodies, the Committee on the Rights of Migrant Workers, and the Committee on the Rights of the Child, 13 in 2016 and 2018 respectively. Both made recommendations related to nationality and the right to nationality. 13. The Committee on the Rights of Migrant Workers stated its concern that, “as the number of Basotho migrant workers migrating to South Africa increases, children born to these migrant workers are at risk of statelessness as there is no mechanism to ensure systematic consular birth registration”. It recommended Lesotho “(a) Intensify efforts, including in the context of the Lesotho Special Permit scheme and the provision of consular services, to ensure that all children of Basotho migrant workers abroad, particularly in South Africa, are registered and issued with personal identity documents, in line with target 16.9 of the Sustainable Development Goals; (b) Ensure that its consular offices in South Africa raise awareness about the importance of birth registration among Basotho migrant workers and members of their families, especially those in an irregular situation; (c) Intensify efforts for the language, religion, political or other opinion, national or social origin, property, birth or other status. “International Covenant on Economic, Social and Cultural Rights” 7 Article 7 “Convention on the Right of a Child” Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989”. 8 Article 8 “Convention on the Right of a Child” Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989”. 9 Article 5 (iii) “International Convention on the Elimination of All Forms of Racial Discrimination” Adopted and opened for signature and ratification by General Assembly resolution 2106 (XX) of 21 December 1965. 10 Article 18(i)(d) “Convention on the Rights of Persons with Disabilities” 11 Article 6 “African Charter on the Rights and Welfare of the Child” 12 “Children’s Protection and Welfare Act” 13 It should be noted that the submitters of this report also made a submission to the CRC, in 2017, which is accessible here: http://www.institutesi.org/CRC_Lesotho_2017.pdf 3