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. Section 6 of the Citizenship Order states that: “A person born outside Lesotho after the 3rd day of October, 1966 shall be a citizen of Lesotho with effect from the date of his birth if his father is a citizen of Lesotho at that date otherwise than by virtue of section 23(2) of the Lesotho Independence Order 1966.” Section 7 states that: “Any woman who after the 3rd day of October 1966 married or marries a citizen of Lesotho shall be entitled upon making application in such manner as may be prescribed and upon taking the oath of allegiance, to be registered as a citizen of Lesotho” 17. The Children’s Protection and Welfare Act,9 in line with the CRC, protects the acquisition of nationality and birth registration for all children born in Lesotho, including orphaned and vulnerable children. It also protects against discrimination and stresses that a child’s best interest shall be the primary consideration in any matter concerning a child. a. Article 4 – (1)All actions concerning a child shall take into full account his best interests (2) The best interests of a child shall be the primary consideration for all courts, persons, including parents, institutions, or other bodies in any matter concerning a child. b. Article 6 – A child shall not be discriminated against: on the grounds of gender, race, age, religion, disability, health status, language, custom, ethnic origin, rural or urban background, birth, socio economic status, refugee status and other status. c. Article 7 – Identity of child – a child has a right from birth, to a decent name and to acquire a nationality; d. Article 8 – Right to registration – A child has a right to be registered within three months of birth whether born alive or still born; e. Article 9 – Right of orphaned and abandoned and vulnerable children to register – (1) Orphan and vulnerable children have a right to registration. 9 The Children’s Protection and Welfare Act No 7 of 2011. To read the Act, see http://jafbase.fr/docAfrique/Lesotho/children%20act%20lesotho.pdf

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