of Lesotho is assisted by development partners to promote birth registration to ensure that
children can access basic services such as the Lesotho Child Grants Programme”.6
9. While acknowledging the positive steps towards increased birth registrations and the
existence of a safeguard against statelessness prescribed by Lesotho’s Constitution: as this
submission sets out, there remain various outstanding challenges to ensuring every child’s
right to a nationality. Furthermore, the lack of reference, in the state report, to foundlings,
and the continuous gaps in law on birth registrations, and the implementation of such law,
may leave children stateless or at risk of statelessness in Lesotho, in violation of their right to
acquire a nationality.
Lesotho’s international obligations
10. As a party to the Convention on the Rights of the Child, with no reservations in place, Lesotho
is obliged to ensure every child’s right to acquire a nationality in accordance with Article 7 of
the Convention and the Convention’s Guiding Principles of non-discrimination, best interests
of the child, the child’s right to participate and the right to life, survival and development of
the child.
11. Lesotho is also party to the following treaties which uphold the right to a nationality and
prohibit discrimination in this regard: the International Covenant on Civil and Political Rights
(ICCPR) (Article 24), the Convention on the Elimination of all forms of Discrimination Against
Women (Article 9); the Convention on the Elimination of all Forms of Racial Discrimination
(Article 5), and the African Charter on the Rights and Welfare of the Child (Article 6). All of the
principles contained within these treaties in relation to the right to a nationality, are
entrenched under the CRC, in relation to children. Thus, the CRC prohibits denial of the child’s
right to right to a nationality as a result of discrimination against the child or his or her parents
or guardians, on all prohibited grounds including gender, race and disability.
12. Lesotho is also among the few African countries to ratify both the 1954 Convention Relating
to the Status of Stateless persons and the 1961 Convention on the Reduction of Statelessness.
13. It is also commendable to note that Lesotho has domesticated provisions in its legislation and
policy that enforce birth registration and protect against statelessness. These provisions as
well as remaining challenges will be looked at in closer detail below.
Lesotho’s legal framework
14. The 1993 Constitution of Lesotho includes contains some important provisions on human
rights, right to nationality and safeguards against statelessness.7
15. Articles 4 (1) (a) and (n) and (o) of the 1993 Constitution of Lesotho protect fundamental
human rights and freedoms and Article 32 protects the rights of children and young persons.
6
Ibid.
To read the Constitution of Lesotho, see
http://www.unesco.org/education/edurights/media/docs/5f117d45be0d3d8ed8e573ee1db7db551ad68565.pdf
7