1 Populations of concern: data and statistics
1.1 Is the government registering refugees and asylum seekers? If so, with which registration tool?
Yes, all asylum seekers are required to make formal application for refugee status. The data is reported to UNHCR.
1.2 The refugee population registered at the end of the year.
According to UNHCR mid-year stats as at 30 September 2023 there are 671 refugees registered in Lesotho.
| Year | Country of Origin | Country of Asylum | Refugees under UNHCR’s mandate | Asylum-seekers | IDPs of concern to UNHCR |
|---|---|---|---|---|---|
| 2017 | - | Lesotho (LSO) | 55 | 28 | 0 |
| 2018 | - | Lesotho (LSO) | 56 | 36 | 0 |
| 2019 | - | Lesotho (LSO) | 143 | 78 | - |
| 2020 | - | - | - | - | - |
Non-UNHCR sources on pre-2023 data include:
135 asylum applications by refugees were received in 2022 in Lesotho — according to UNHCR. Most of them came from the Congo. A total of 25 decisions have been made on initial applications. Around 100% of them were answered positively. 0 percent of asylum applications have been rejected in the first instance. The most successful have been the applications of refugees from the Congo and from Cameroon.1
In 2020 a total of 12,060 migrants lived in Lesotho, representing about 1 percent of the total population. These are all residents who live permanently in the country but were born in another country. The numbers includes granted refugees but no asylum seekers. The data are based on the results of censuses, as well as on estimates and projections from the United Nations Population Division.2
Lesotho refugee statistics for 2022 was 251.00, a 15.2% decline from 2021.
Lesotho refugee statistics for 2021 was 296.00, a 9.23% increase from 2020.
Lesotho refugee statistics for 2020 was 271.00, a 89.51% increase from 2019.
Lesotho refugee statistics for 2019 was 143.00, a 155.36% increase from 2018.3
1.3 Asylum seeking population registered at the end of the year; provide age and gender breakdown if available.
According to UNHCR mid-year stats as at 31 July 2023 there are 339 asylum seekers registered in Lesotho.
1.4 Number of naturalized refugees at the end of the year.
According to the Committee on the Rights of Migrant Workers and their Families recorded the amount of migrants naturalised, which include refugees. Table 2 below shows migrant workers and members of their families who have been granted citizenship from 2007 to date:
| Table 2 Year | Number of persons granted citizenship |
|---|---|
| 2007 | nil |
| 2008 | nil |
| 2009 | 64 |
| 2010 | 08 |
| 2011 | 40 |
| 2012 | 18 |
| 2013 | nil |
| 2014 | 93 |
| 2015 | 120 |
1.5 Number of repatriated refugees at the end of the year, with a breakdown per nationality.
Number of refugees at the end of the year, who departed for resettlement
1.6 Number of ceased refugees at the end of the year, with a breakdown per nationality.
None. There is cessation process currently being worked on.
2 Legal framework
2.1 International instruments
Has the State acceded to/ratified the following instruments: i) The 1951 UN Convention Relating to the Status of Refugees; ii) the 1967 UN Protocol Relating to the Status of Refugees; iii) the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa? If so, provide the year of ratification/accession. Has the State made any reservations? If so, list them.
Lesotho is a State party to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol [hereinafter, the 1951 Convention] having acceded to these instruments in May 1981. The country also ratified the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa in November 1988. There are no reservations to the above conventions.
Statelessness. The Kingdom of Lesotho acceded to the 1954 Convention Relating to the Status of Stateless Persons. It also acceded to the 1961 Convention on the Reduction of Statelessness in 2004. The Kingdom of Lesotho made declarations and reservations in relation to Articles 8, 9, 25 and 31 of the 1954 Convention, resulting in reducing stateless persons’ access to administrative assistance, which can undermine their protection against expulsion and the fair treatment of their interest and property.
2.2 National law
2.2.1 List and upload all legislations and regulations related to asylum and refugee protection as well as migration.
A good resource for Lesotho legislation and case law is LesothoLii.
- Lesotho: Refugee Act (1983)
- Refugee Act Regulations – Unavailable publicly
- Aliens Control Act (1966)
- Lesotho Passports and Travel Documents Act (2018)
- Anti-trafficking in Persons Act (2011)
- Children’s Protection and Welfare Act (2011)
- Prevention and Suppression of Terrorism Act (2018)
- Persons with Disability Equity Act (2021)]
According to the Committee on the Rights of Migrant Workers and their Families (2018): 43. Further, the Ministry of Home Affairs is currently undertaking a review of the Aliens Control Act, 1966 in order to align it with the provisions of the Convention. The proposed new immigration law is intended to comply with the Convention by amongst others providing for prohibition of collective deportation, establishment of measures aimed at addressing irregular migration and the prohibition of expelling migrant workers or depriving them of their authorization of residence merely on the ground of failure to fulfill an obligation arising out of a work contract unless fulfillment of that obligation constitutes a condition for such authority or permit as well as provide for the right to family reunification.
List and upload all major judicial decisions related to asylum and refugee protection.
- Eyob Belay Asemie v P.S. Ministry of Home Affairs and Others (CIV/APN 519 of 12) [2013] LSHC 19 (13 February 2013) Summary: Application to interdict respondent from denying applicant use of regular passport and to review and set aside the declaration of the passport as null and void to be irregular, unconstitutional and unlawful – whether applicant was entitled to a hearing before the decision was made – whether applicant established he has a right to the passport – whether respondents were correct to deny applicant re-entry into Lesotho – issuance of passport to applicant illegal and cannot be sanctioned - applicant not entitled to the audi alteram partem before the decision was taken – respondents’ decision to deny applicant re-entry unlawful.
- O/C Military Police and Others v Asemie (CIV/APN 2012) [2012] LSCA 49 (19 October 2012) Summary: Refugee Act 18 of 1983 - naturalization of refugee under section 14 - total residence-period prior to application for naturalization six years - application prior to expiry of six-year period ineffective.
- Zwelakhe Mda v Minister of Home Affairs and Others (CONSTITUTIONAL CASE 4 of 2014) [2014] LSHC 30 (24 September 2014) Civil Procedure – Application procedure – Dispute of fact – Urgency –Constitutional Litigation rules. Constitutional law – Arbitrary deprivation of citizenship status unjustified and wrongful refusal to replace expiring passport violates citizen’s constitutional right to freedom of movement, particularly not to be refused entry to or exit from one’s country – such a right would be empty without a concomitant right not to be deprived of the document which makes such movement possible – Withdrawal of citizenship – lawful only when done in compliance with law and procedure. Evidence-Admissibility and evidential weight of public documents – whether a birth certificate is a public document – whether a passport is a public document.
- R v Sheng (CRI/T 45 of 95) [1997] LSHC 68 (25 August 1997)
2.2.2 List and link all strategies and action plans related to asylum, refugee protection, and migration.
The Lesotho Immigration and Citizenship Policy of 2017 has been adopted by the Cabinet (references found in other documents, but document itself unavailable online. Lesotho National Migration and Development Policy 2013 (not available online). National Strategic Development Plan 2018/19 – 2022/23
2.3 Definition
Provide definitions set out in national legislation relating to the following categories of persons or concepts:
2.3.1 Refugee
In terms of section 3(1)(a) – (c) of the Refugee Act:
2.3.2 Asylum seeker
No definition
2.3.3 Child
In terms of Section 3 of the Children’s Protection and Welfare Act (2011) “child” means:
2.3.4 Unaccompanied and/or separated child
No, but the Children’s Protection and Welfare Act defines a vulnerable child.
2.3.5 Family
Section 2 of the Refugee’s Act defines a “member of family”:
Section 3 of the Children’s Protection and Welfare Act defines a member of the family:
2.3.7 Guardian
2.3.8 Household member
2.3.9 Victim of trafficking;
Section 2 of the Anti-trafficking in persons Act defines “victim of trafficking” as:
2.3.10 Stateless person
The laws do not define stateless person, but the definition found in Article 1 of the 1954 Convention may apply. Lesotho is signatory to the convention. The definition is: A stateless person is not recognised as a national by any state under the operation of its laws.
2.3.11 Returnee
No definition.
3 Managing borders and regulating the entry of asylum seeker
3.1 Non-refoulement
3.1.1 Do national laws and regulations incorporate the principle of non-refoulment?
Yes. The Refugee Act in section 11 on non-refoulement states:
3.1.2 Do national laws and regulations permit exceptions to the principle of non-refoulment? If so, on what grounds? List of such exceptions if applicable?
No exceptions to the non-refoulement rule is allowed. But the Refugees Act does make provision for expulsion (presumably to countries where the refugee is not at risk). Section 12 states as follows:
3.2 Border control
3.2.1 Do national laws and/or regulations concerning border control and foreigners' entry reflect the difference between persons seeking asylum and those who may otherwise need international protection and those who want to enter the country for other reasons?
Section 7(1) of the Refugees Act requires legal entry presence for an application to be recognised as a refugee, but does not penalise an asylum seeker for illegal entry or stay prior to application. An asylum seeker would thus be required to enter the country in terms fo the Aliens Control Act, and even legalise their presence in terms of the Aliens Control Act before applying for refugee status.
All other migrants’ entry is regulated solely by the Aliens Control Act. The Act does not make provision for other kinds of international protection.
3.2.2 What are the measures related to access to the asylum in the context of a lockdown based on public health concerns or any similar legitimate national consideration?
Access to asylum and protection were heavily compromised in Lesotho, as in other SADC countries, by border closures during the COVID 19 pandemic lockdowns.
3.3 Non-penalization
3.3.1 Do national laws and regulations provide for non-penalization for irregular entry of asylum seekers? Or on the contrary, do they provide for penalization for irrugular entry of asylum seekers?
The Refugees Act makes specific provision for non-penalisation in section 9(1):
3.3.2 If so, do national laws and/or regulations indicate a period during which the asylum seeker needs to report to the authorities? If yes, what is the precise timeframe?
Section 9(2) of the Refugees Act requires an asylum seeker to approach the authorities within 14 days of entry.
3.3.3 Do national laws and/or regulations require any other conditions for non-penalization? If so, which one?
Section 9(3) and 9(4) make further provision regarding non-penalisation:
4 Reception and treatment of asylum seekers
4.1 Reception facilities
4.1.1 Do national laws and/or regulations entitle asylum-seekers to reception facilities? Is the access limited, if so, on which basis? Is the access limited in time, or geographically?
Legislation does not make provision for reception facilities. UNHCR closed offices in Lesotho in 2002, having catered for thousands of South African refugees during Apartheid.
4.1.2 Do national laws and/or regulations provide for gender and age-sensitivity in reception arrangements, addressing children's specific needs, such as unaccompanied and separated children; victims of sexual abuse and exploitation; victims of trauma and torture; as well as of other vulnerable groups?
The Refugees Act does not make provision for gender or age specific measures.
4.2 Detention and alternative(s) to detention
4.2.1 Do national laws and/or regulations provide for the detention of asylum seekers? How is the detention defined?
Detention is allowed under the Aliens Control Act to effect removal or for unauthorised entry or stay. It does not specify, nor exclude asylum seekers.
Section 34(2):
A person detained in pursuance of any provision of this Act (otherwise than on board an aircraft, train or vehicle) may be detained at any place used by an authorised officer for the purpose of his duties at a port of entry and departure or any place specially provided for the purpose of detention at a port of entry and departure or any police station or prison or such other place as may be prescribed by order of the Minister; and every person detained in pursuance of any such provision shall, while so detained, be in lawful custody."
The Constitution provides in section 6(1):
Every person shall be entitled to personal liberty, that is to say, he shall not be arrested or detained save as may be authorised by law in any of the following cases, that is to say - (i) for the purpose of preventing the unlawful entry of that person into Lesotho, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Lesotho or for the purpose of restricting that person while he is being conveyed through Lesotho in the course of his extradition or removal as a convicted prisoner from one country to another).
4.2.2 Do national laws and/or regulations authorize the detention of children?
The Alien’s Control Act does not specify that children may be detained but does not exclude children from detention either. A report by the Global Immigration Detention Observatory (2020) indicates that although not provided for in law, unaccompanied minors are detained in practice.4
4.2.3 Are the detention conditions set out in the laws and regulations? Are asylum-seekers accommodated together with persons accused or convicted of criminal offenses?
The legislation does not specify separate conditions or detention centres for asylum seekers.
In 2016 the Committee on Migrant Workers made the following recommendations to Lesotho:
Due process, detention and equality before the Courts
The Committee notes information provided by the State party regarding measures to ensure that, in criminal and administrative proceedings, including expulsion proceedings, migrant workers and members of their families, in particular those in an irregular situation, are provided with access to consular assistance and that due process is guaranteed. The Committee is concerned, however, that migrant workers in an irregular situation awaiting expulsion are subjected to detention, often detention facilities of the Police and Correctional Service where convicted persons or pretrial detainees are held.
In the light of its general comment No. 2 (2013) on the rights of migrant workers in an irregular situation and members of their families, the Committee recalls that administrative detention should be used only as a last resort, and recommends that the State party consider alternatives to administrative detention. It recommends that the State party:
Include in its second periodic report detailed disaggregated information on the number of migrant workers detained for immigration offences and the place, average duration and conditions of their detention;
Ensure that migrant workers detained for violations of immigration law are not detained with persons accused or convicted of a crime;
Ensure that the minimum guarantees enshrined in the Convention are assured with regard to criminal or administrative procedures against migrant workers and members of their families.
Regarding expulsions the Committee on the Rights of Migrant Workers and their Families notes the following (some may be refugees):
Section 25 (Aliens Control Act) prescribes the Minister and courts of law as the competent authorities to issue deportation or expulsion orders. Below is a table illustrating migrant workers deported from 2006 to date:
Table 1 Migrant workers deported from 2006 to 2015 Nationality Reasons for deportation China Hijacked other Chinese; found guilty of Murder; Influenced violence at village Uganda Illegal stay Zambia Illegal stay Nigeria Illegal stay India Illegal stay Sri Lanka Illegal stay Malawi Illegal stay Ethiopia Illegal stay Democratic republic of Congo Illegal stay
4.3 Assistance
4.3.1 What type of assistance is provided? Is food, clothing, accommodation and medical care, social counseling, and legal aid provided?
No.
4.3.2 Is assistance free of charge?
No.
4.4 Asylum seekers rights
4.4.1 Do national laws and regulations provide for respect the family unity?
The Constitution of Lesotho makes provision for fundamental rights. Section 4(g) states:
4(1) Whereas every person in Lesotho is entitled, whatever his race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status to fundamental human rights and freedoms, that is to say, to each and all of the following - (g) the right to respect for private and family life.
Both the Aliens Control Act (sections 6 and 7) and the Refugees Act (section 8) make provision for the family of the refugee / migrant to join them in Lesotho.
4.4.2 What rights do national laws and regulations provide regarding asylum-seekers in the field of health care, work, education, and freedom of movement?
In the Constitution of Lesotho, the right to health is not provided for under the part regarding fundamental human rights and freedoms, but it is recognised under the part on principles of State policy. According to UNHCR, refugees in Lesotho enjoy access to basic health care and receive assistance to access basic education. Refugees are permitted to seek employment once they secure work permits, and those without jobs are eligible for a government grant. Additionally, the government has implemented various initiatives to furnish refugees with housing, with the provision of water and electricity at no charge.
4.4.3 Do national laws and regulations provide for right to access to UNHCR?
The legislation only refers to UNHCR where it makes provision for a refugee board which includes a representative from UNHCR. Where the application of an asylum seeker has been rejected by the Minister, it may be referred to the Refugee Board.
4.5 Child best interest
4.5.1 Are there procedures to determine children's best interests, if so describe same.
The Children’s Protection and Welfare Act makes provision for the best interest of the child to be considered in section 4.
Whether there are best interest determination panels are implemented is unclear.
4.5.2 Are there procedures to prevent children's separation from their families and facilitate family tracing and reunification for those who have become separated? If so, describe them.
Section 10 of the Children’s Protection and Welfare Act makes provision for the child’s right to family unity.
The UN Committee on the Rights of the Child made the following recommendations to Lesotho in 2018:
Family reunification
While noting that sections 6 (3) and 7 (2) of the Aliens Control Act 1966 provide for family reunification, the Committee is concerned that the power to order family reunification is largely at the discretion of the minister responsible for administering the Act.
The Committee recommends that, during the review of the Aliens Control Act of 1966, the State party introduce appropriate measures to facilitate the family reunification of migrant workers and members of their families in line with article 44 of the Convention.
4.5.3 Is birth registration and documentation provided for all children?
The Children’s Protection and Welfare Act makes provision for identity and registration rights in sections 7 8, and 9.
The Registration of births and Deaths Act in section 3 states that “the registration of birth of a child, whether born alive or still born, … after the commencement of this Act shall be compulsory.”
The UN Committee on the Rights of the Child made the following recommendations to Lesotho in 2018: Concluding observations on the second periodic report of Lesotho (CRC/C/LSO/CO/2)
Birth registration and nationality
- The Committee notes the creation of one-stop shops that provide birth registration services and the provision of space for birth registration in community council facilities since March 2018, mobile registration and citizenship centres, as well as the efforts of the Government jointly with other stakeholders to increase awareness of birth registration. However, the Committee remains concerned about:
- Low levels of birth registration, in particular in rural areas, and difficulties and delays in registration owing to registration services at times not being available in easily accessible locations; (b)Penalties for late registration; (c)Foundlings, who appear to have been born in the State party, not being provided with citizenship even if they would otherwise be stateless; (d)Discriminatory provisions in law, including in the Constitution and under the Citizenship Order (1971), against Basotho citizens born abroad and Basotho women that could undermine the child’s right to acquire nationality without discrimination; (e)Citizenship applications being restricted to stateless persons who are over 18 years of age and lawfully in the country; (f)The absence of data on stateless children.
- Taking note of target 16.9 of the Sustainable Development Goals, on providing legal identity for all, including birth registration, the Committee recommends that the State party:
- Strengthen the use of mobile birth registration teams to cover remote communities and extend the birth registration process to hospitals throughout the country; (b) Strengthen its efforts to implement birth registration procedures immediately after birth and ensure the issuance of birth certificates, in particular at the community level; (c) Remove penalties for late birth registration; (d) Adopt legislative measures to prevent discriminatory rules, and provide safeguards in respect of the right to acquire nationality for all children in the State party, including foundlings, who would otherwise be stateless; (e) Collect data on stateless children in the State party; (f) Launch extensive awareness-raising programmes about the importance of birth registration and registration processes; (g) Seek technical assistance from the Office of the United Nations High Commissioner for Refugees (UNHCR) and UNICEF, among others, in the implementation of these recommendations.
The UN Committee on the Rights of Migrant Workers and Their Families made the following recommendation to Lesotho:
"Birth registration and nationality
The Committee welcomes the signing of a declaration of intent between the State party and South Africa establishing the Lesotho Special Permit, to regularize unskilled Basotho migrant workers in South Africa. The Committee is concerned, however, 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.
The Committee recommends that the State party:
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;
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;
Intensify efforts for the implementation of the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
5 Refugee Determination Procedures
5.1 Procedural guarantees
5.1.1 Do national laws and regulations designate an expert authority responsible for examining refugee status applications and making a decision in the first instance? If so, which one, and what is its administrative status (administrative or quasi-judicial)?
The Refugees Act makes provision for an Inter-Ministerial Committee for the Determination of Refugee Status (section 5).
In terms of section 5(3) the functions of the Committee shall primarily be:
5.1.2 Do national law and regulations provide that asylum-seeker should receive information and guidance as to the procedure to be followed in a language and manner he or she understands?
The law does not make provision for the asylum seeker to receive information and guidance in a language or manner they understand.
5.1.3 Do national laws and regulations provide asylum-seekers with assistance, including competent interpreter's services, access to free legal advice and representation, for submitting their claim to the relevant authorities?
The law does not make provision for interpreter’s services, but it does allow for legal representation. It is not clear whether such advice would be free.
According to the Committee on the Rights of Migrant Workers and their families: Generally, non-citizens who happen to appear before courts of law are afforded interpreters where they do not understand the local language or the courts do not understand their language at the expense of courts. In the High Court, migrant workers are no exception as they are assisted with legal representation paid for by Government.
5.1.4 Do national laws and regulations provide that asylum-seekers be given access to their personal interview report and that their approval should be sought on the contents of such report to avoid misunderstandings and clarify possible contradictions?
The legislation does not make provision for asylum seekers to be given access to their personal interview report.
5.1.5 Is free legal aid available?
Legal representation is allowed but it is not clear whether it is free.
5.2 Confidentiality
5.2.1 Do national laws and regulations provide for the confidentiality of personal information?
The legislation does not make provision for refugee specific confidentiality, but the Data Protection Act 5 of 2012 applies to refugees and asylum seekers.
5.2.2 Do national laws and regulations provide that disclosure of personal information should be subject to the informed consent of the refugee or asylum-seeker and respect other data protection principles?
The legislation does not make provision for refugee specific confidentiality, but the Data Protection Act 5 of 2012 applies to refugees and asylum seekers.
5.2.3 Do national laws and regulations provide that all staff, including border guards, security staff, reception center staff, counsellors, interpreters, legal advisers, and medical practitioners who work with asylum-seekers and refugees, have a duty of confidentiality for information received from or about asylum-seekers and refugees?
The legislation does not make provision for refugee specific confidentiality, but the Data Protection Act 5 of 2012 applies to refugees and asylum seekers.
5.3 Registration
5.3.1 Are all members of an asylum-seeking household registered?
Yes. The Refugees Act makes provision for the family of the refugee to apply for refugee status (section 8).
5.3.2 Do national laws and regulations contain any direct or indirect obstacles that prevent individuals in detention, including immigration detention, from submitting an asylum claim?
No. The Refugees Act makes it clear that asylum seekers may not be detained on the basis of illegal entry and presence alone, and must apply for status within 14 days. Section 9(1) states: Subject to section 7, and notwithstanding anything contained in the Aliens Control Act, 1966, a person claiming to be a refugee within the meaning of section 3(1), who has illegally entered or is illegally present in Lesotho shall not,(a)be declared a prohibited immigrant;(b)be detained; or(c)be imprisoned or penalised in any other way, only by reason of his illegal entry or presence pending the determination of his application for recognition as a refugee under section 7.
5.3.3 Do national laws and regulations provide that claims submitted at the border, including airports, be assessed based on a particular border procedure? If so, what is the process?
No. The procedure for application is the same whether made at the border or in country.
5.3.4 Do border officials register asylum claims, or are they required to refer persons seeking asylum to the designated authority?
Asylum seekers at borders and elsewhere must make application to the nearest “authorised officer” and are referred to the designated authority for application.
5.3.5 Are asylum-seekers and all family members accompanying them registered and issued with appropriate individual documentation, which reflects their status as asylum-seeker(s) and remains valid until the final decision of their asylum application(s)?
Yes, the family members of refugees are allowed to apply for their own refugee status. See section 8:
5.3.6 Can asylum claims be submitted at the border? If so, do national laws and regulations provide that asylum seekers who apply at the border are admitted into the State's territory and given a temporary right to remain there until a final determination on the asylum application?
The Refugees Act requires a person to be legally present in the country for application, but doesn’t prevent such a person from applying for refugee status. Section 19(1) and (2) of the Aliens Control Act impose a duty on non-citizens to register on entry in Lesotho.
5.3.7 Can asylum claims be lodged irrespective of whether or not concerned individuals possess personal identity or travel documents?
Yes. The Refugees Act does not require the asylum seeker to provide documentation.
5.3.8 Where female asylum-seekers are accompanied by adult male relatives, are they informed in private and in a language they understand that they may have a valid claim in their own right and that they have a right to make an independent asylum application at any stage?
The law does not make specific provision for the separate advising of women in a household where a man is the head of the household.
5.4 Admissibility procedures
5.4.1 Do national laws and regulations contain automatic barriers to the examination of the substance of asylum applications? If so, what are they?
No.
5.4.2 What time limit is imposed for the submission of an asylum claim to the authorities?
14 days. Section 7(1) of the Refugees Act states that:
5.4.3 Do national laws and regulations provide for the application of the first country of asylum concept? If so, does it provide for an individual assessment as to whether the protection in such ‘first country of asylum’ is both still genuinely available and effective?
The law does not make provision for the first country of asylum concept.
5.4.4 Do national laws and regulations provide for the possibility of declaring an application inadmissible on the basis that a third country is responsible, i.e., a country of transit or previous stay (safe third country concept)?
No.
5.4.5 If so, do national laws and regulations provide for an individual assessment of whether the asylum-seeker can safely be sent to such third country, and is the applicant given sufficient opportunity to rebut the presumption of safety?
The Refugees Act recognises the non-refoulment principle (section 11). In section 12 it also make provision for the following:
5.4.6 Do national laws and regulations define "safe third country"? If so, what is the definition?
No.
5.5 Adjudicating claims
5.5.1 Do national laws and regulations provide that the credibility assessment must be conducted on an individual basis considering the asylum seeker's personal and contextual circumstances?
No.
5.5.2 Do national laws and regulations provide that the credibility of the asylum seeker's statements relating to each material element must be assessed with reference to credibility indicators? If so, which indicator(s)?
No.
5.5.3 What is the standard of proof set in legislation or in practice to assess credibility?
The standard of proof is not specified in legislation.
5.5.4 Do national laws and regulations have provisions on the decision-making process?
Section 7 of the Refugees Act contains provisions on the application process but does not contain specifics on the decision-making process.
5.5.5 Where a family seeks asylum, are the applications of family members and other dependants assessed on their own merits irrespective of whether the principal applicant is recognized as a refugee or not?
The law seems to allow it, but it is not clear whether this is allowed in practice.
5.6 Interview and decision making at first instance.
5.6.1 Do national laws and regulations provide that an interview must be conducted with asylum-seekers to assess their claim?
Yes, section 7(3) requires the Committee to invite the applicant to appear before it.
5.6.2 If so, do national laws and regulations provide for each adult asylum-seeker to be given a personal interview before a decision is made by the authority responsible for adjudicating asylum claims at first instance?
Although the Refugees Act does not specifically exclude family members from submitting their own claims, the Act does not stipulate that each family member be interviewed. The family of the refugee is allowed to make application for refugee status on the basis of being family members.
5.6.3 Does the central asylum authority provide reliable, accurate, and up-to-date country of origin information to enable decision-makers to appropriately assess the claim?
Information on the use of up-to-date country of origin unformation is not available, but the fact that the legislation makes provision for a Refugee Advisory Board which is made up of several experts including a UNHCR representative implies that the decision makers are in principle privy to relevant country information.
5.6.4 Do national laws and regulations provide that asylum-seekers are given access to their personal interview report, and that their approval should be sought on the contents of such report to avoid misunderstandings and clarify possible contradictions?
The legislation does not make provision for this, but a case may be made for obtaining the report based on the Data Protection Act. If an application is rejected and the asylum seeker reapplies in terms of section 7, they could use the report and the justification in their 2nd application.
5.7 Accelerated procedures
5.7.1 Do national laws and regulations provide for accelerated procedures? If yes, for what sort of claim?
No, there is no provision for accelerated procedures.
5.7.2 Describe the features of these procedures in comparison with the standard procedure.
N/A
5.8 Appeal and remedy
5.8.1 Do national laws and regulations provide for appeal? If yes, within what timeframe? When does the period for lodging an appeal begin to run?
Section 7(7) makes provision for the asylum seeker to re-apply of rejected: “The applicant shall have the right to re-apply to the Minister to reconsider his application and the Minister may, in his discretion on recommendation by the Committee, refer the matter to the Board.” No time limit is set in law.
5.8.2 Do national laws and regulations designate an authority responsible for assessing appeals? What is its administrative status (administrative or judicial)? Is it independent from the first instance authority?
The Refugee Advisory Board (Section 6) considers re-applications (appeals) which are referred to it by the Minister. It is independent from the first instance authority, but do not have decision making authority. They merely make recommendations to the Minister who has the final say.
5.8.3 Are the reasons for not granting refugee status, whether in fact or law, stated in the decision? Is such information shared with the asylum-seeker in writing as soon as possible to allow him/her to lodge an informed appeal? Is the asylum-seeker informed verbally in a language he or she understands of the reasons for the decision, his or her right to appeal an adverse decision, and the applicable timeframes and procedures for such appeal?
In terms of section 7(6) If the Minister decides not to recognize the applicant as a refugee, he shall officially notify the applicant of his decision and reasons for so deciding.
5.8.4 Does the appeal permit considerations of both fact and law based on reliable, accurate, and up-to-date information?
Although the Act does not clearly stipulate it, Section 7(6) – 7(9) allows for rejected applicants to “re-apply” for refugee status to the Minister, which implies a reconsideration of both fact and law.
5.8.5 Is an appeal interview or hearing provided to allow the asylum-seeker to present and be questioned on the appeal stage's evidence?
Section 7 seems to allow new evidence in that it refers to a re-application instead of a strict appeal or review, but this is not clearly stated in the law.
5.8.6 Does the appeal have a "suspensive effect," that is, the asylum-seeker is allowed to remain on the territory until a final decision on the appeal has been made?
Yes, section 7(8) allows the asylum seeker to remain in the country pending the outcome of the appeal: “Provided that while awaiting the recommendation of the Board to the Minister, the applicant shall be allowed to remain in the country.”
5.9 Asylum seekers with specific needs
5.9.1 Children
5.9.1.1 Do national laws and regulations provide for special measures for asylum-seeking children?
The law does not make specific provision for asylum seeking and refugee children, but the provisions of the Constitution and the Children’s Protection and Welfare Act apply to them.
5.9.1.2 Are they processed on a priority basis in the regular procedure with reduced waiting periods at each stage of the asylum procedure and is every effort made to render a decision promptly and fairly, as they will often have special protection and assistance needs?
No details are provided in the Act.
5.9.1.3 Are children principal applicants in an asylum procedure entitled to a properly trained legal representative able to support them throughout the procedure?
The Refugees Act does not make specific provision, but the Children’s Protection and Welfare Act provides in section 147 and 148 as follows:
5.9.1.4 If a child's age is in doubt, is an age assessment conducted? If so, by whom and what is the procedure?
It is not required by the Refugees Act, but the Children’s Protection and Welfare Act makes provision for age assessment in section 80.
5.9.2 Person with disabilities
5.9.2.1 Are there special measures for the treatment of their claims? Are they treated as a priority? Are they allowed to be accompanied by a representative or guardian?
The Refugees Act does not make such provision but the Persons with Disabilities Equity Act (2021) makes provision for specific accommodation of persons with disabilities, which does not exclude refugees and asylum seekers. The Committee on the Rights of Persons with disabilities requested information on refugees with disabilities in 2021 in their list of issues. No response is yet available.
5.9.3 Women
5.9.3.1 Where women asylum-seekers are accompanied by male relatives, are they informed in private and in terms they understand that they may have a valid claim in their own right and that they have a right to make an independent asylum application at any stage?
There is nothing to indicate that women are informed of this right.
5.10 LGBTIQ
5.10.1 Are claims lodged by lesbian, gay, bisexual, transgender, or intersex, queer (LGBTIQ) individuals treated in priorities? Are claims related to LGBTIQ admitted and processed on merits?
There is no official information on this issue.
5.11 Recognition of refugee status
5.11.1 What is the average processing time, from the asylum claim registration to the decision on refugee status?
Information relating to the average processing time of refugee applications is not available. UNHCR reported that “The Inter-ministerial RSD Committee has limited capacity to process the current number of asylum applications”
5.11.2 What type of residence does the legislation provide to refugees?
A refugee has the same residence rights as a non-national with a permit to sojourn indefinitely.
5.11.3 For how long is the refugee status granted?
The Refugees Act does not specify that status expires, except in the case of cessation.
5.11.4 Is provision made for the issuance of individual identity documents certifying their status? What is the duration of such documents?
Yes. According to section 7(4) of the Refugees Act “every person who is recognised as a refugee shall be duly informed and be issued with an identity card attesting to his status and a resident permit.”
According to Integral Human Development: “UNHCR assists the Lesotho government in documenting their refugees and asylum seekers. For example, in 2018, UNHCR set up a Population Registration and Identity Management Ecosystem (PRIMES), providing refugees and other displaced people with a digital identity that makes easier for them to access digital services.”
5.11.5 Are ID cards also issued to family members recognized as refugees based on derivative status?
Yes, family members are also recognised as refugees and issued with ID cards.
5.11.6 Is the refugee status affected by a change in family status or by the marriage, divorce, or legal separation of a family member, the death of the head of the family, or attainment of the age of majority?
No. Section 8(2) of the Refugees Act states:
5.12 Recognition of alternative status
5.12.1 Do national laws and regulations provide for any form of complementary or temporary protection? If so, which one(s) and on which ground(s)?
The Refugees Act does allow temporary protection from expulsion pending the outcome of an appeal for refugee status determination (section 7) and against expulsion (section 12). Section 12 (6) states: Where the application against an expulsion order is rejected the refugee shall, unless national security or public order otherwise require and having due regard to all the circumstances of the case, be permitted to remain in Lesotho until such time as his application for legal admission into a country other than Lesotho is successful.
5.13 Exclusion, cancellation, revocation, and cessation
5.13.1 Exclusion
5.13.1.1 Do national laws and regulations provide for the exclusion from refugee status? If so, on which grounds?
Yes, the exclusions to refugee status are set out in section 3(2):
5.13.1.2 If the ‘serious non-political crime’ is a ground for exclusion, does domestic legislation contain a definition of same? If so, which one?
Yes, ‘serious non-political crime’ is a ground for exclusion, but no definition is found in the Refugees Act or other legislation.
5.13.1.3 Is exclusion considered in the context of a determination of the admissibility of a claim?
It is not clear whether it is considered as part of the admissibility or merits in the application.
5.13.1.4 What is the standard of proof for the exclusion?
The Act does not provide any standard of proof for the exclusion.
5.13.2 Cancellation
5.13.2.1 Do national laws and regulations permit the authorities to consider the cancellation of refugee status? If so, what are the substantive grounds for cancellation set out in law?
The Refugees Act does not make a distinction between cancellation, revocation, and cessation. It deals with all 3 in section 4. The Refugees Act makes no provision for post-cessation procedures.
Section 4 of the Refugees Act sets out the grounds for ceasing to be a refugee:
5.13.2.2 Is a person whose refugee status is cancelled given access to a procedure for determining whether he or she qualifies for refugee status at present? If so, does it happen within the cancellation procedure or in separate proceedings?
The Refugees Act makes no provision for a process upon ceasing to be a refugee.
5.13.2.3 Is the person provided with the assistance of an interpreter, if required?
No legislation makes provision for interpretation.
5.13.2.4 Is the person allowed, legal counsel?
The person is allowed legal counsel in principle. The level of access to such a right is not clear.
5.13.2.5 Is the person provided a right to appeal or review such a decision by a different person or entity?
The Refugees Act makes no further provision for post-cessation procedures.
5.13.2.6 Does refugee status remain in place until a decision to cancel it has become final?
Yes, it appears to be the case even though the Refugees Act makes no further provision for post-cessation procedures.
5.13.3 Revocation
5.13.3.1 Do national laws and regulations contain provisions for the revocation of refugee status? If so, on which grounds?
The Refugees Act does not make a distinction between cancellation, revocation, and cessation. It deals with all 3 in section 4. The Refugees Act makes no provision for post-cessation procedures.
Section 4 of the Refugees Act sets out the grounds for ceasing to be a refugee:
5.13.3.2 Do national laws and regulations require that the affected individuals are informed of the reasons for revocation of the refugee status?
No.
5.13.3.3 Is the affected person provided with an opportunity to challenge the decision? If so, does it happen before the authority responsible for determining refugee status? Does the person have the opportunity to appeal with suspensive effect to a higher authority?
No.
5.13.3.4 Is the person provided with the assistance of an interpreter, if required?
Not in terms of the law.
5.13.3.5 Is the person allowed legal counsel?
The person is allowed legal counsel in principle. The level of access to such a right is not clear.
5.13.3.6 Does refugee status remain in place until a decision to revoke it has become final?
The Refugee Act does not specify.
5.13.4 Cessation
5.13.4.1 Do national laws and regulations provide for cessation? If so, on which grounds?
Yes, section 4 of the Refugees Act.
5.13.4.2 Do national laws and regulations provide for an exemption for refugees who are able to invoke compelling reasons arising out of previous persecution for refusing to return to their country of nationality or former habitual residence?
No. Section 4 of the Act does not provide an explicit exemption provision.
5.13.4.3 Do national laws and regulations require that each affected individual be informed of the reason for cessation of status and provide an opportunity for him or her to challenge the decision? If so, which authority is responsible for receiving the application? Do laws and regulations provide an opportunity for an appeal with suspensive effect to a higher authority?
No.
5.13.4.4 Do national laws and regulations contain provisions requiring authorities to consult with UNHCR when considering the cessation clause's application?
No specific requirement. In terms of Section 5(2)(g) the UNHCR “shall participate in the deliberations of the Committee as an observer”.
5.14 Persons found not to be in need of international protection
5.14.1 Are persons found not to be in need of international protection forced to return? If so, is the concerned person detained before removal?
The non-refoulment principle applies to such persons. It seems they are not detained, but given opportunity to obtain legal residence in another country before having to leave the country (section 11 and 12 of the Refugees Act).
5.14.2 Are removal orders in writing and shares with concerned individuals? Do such orders provide the legal and factual grounds on which they are based and the available remedies?
No legislation makes provision for removal orders to be shared with affected persons.
5.14.3 Has the State signed a readmission agreement? If so, with which country(ies)?
No.
6 Rights of refugees
6.1 Principle of non-discrimination
6.1.1 Is the principle of non-discrimination set out in law?
Yes, the Constitution of Lesotho in section 4(1)(n) specifies that “every person in Lesotho has the right to freedom form discrimination. However, in section 18, it says the principle in subsection (1) shall not apply to any law to the extent that that law makes provision--with respect to persons who are not citizens of Lesotho.”
The UN Committee on the Rights of Migrant Workers and Their Families made the following recommendation to Lesotho on non-discrimination in a work related context:
Non-discrimination
The Committee notes that, according to the State party, national legislation makes no distinction between national workers and migrant workers except for in respect of “matters of control of non-citizens”. The Committee is concerned, however, about the lack of information on actual practice and of examples that would make it possible to assess the implementation of the right to non-discrimination pursuant to the Convention.
The Committee recommends that the State party ensure that all migrant workers and members of their families within its territory or subject to its jurisdiction enjoy, without discrimination, the rights recognized by the Convention, in accordance with article 7 thereof. The Committee also recommends that the State party provide in its next periodic report information on actual practice in this regard, with relevant examples.
6.1.2 Is there legislation aimed at combating racism, racial discrimination, xenophobia, and related intolerance? If so, does it include refugees?
No.
The UN Committee on the Rights of Migrant Workers and Their Families made the following recommendation to Lesotho on non-discrimination in a work related context:
Labour exploitation and other forms of ill-treatment
The Committee is concerned about the lack of information in the State party report on cases of exploitation of migrant workers in the State party, including those in an irregular situation. Notwithstanding the information provided by the delegation during the dialogue on past incidents of xenophobia, ill-treatment and violence directed at Chinese migrant workers and members of their families, the Committee remains concerned at reports of negative attitudes towards migrant workers of Asian origin and the lack of comprehensive measures to address xenophobia in the State party.
The Committee recommends that the State party:
Increase labour inspections and prosecute, punish and sanction persons or groups exploiting migrant workers or subjecting them to forced labour and abuse, especially in the informal economy, in line with target 8.8 of the Sustainable Development Goals;
Provide specific information in its next periodic report on the exploitation of migrant workers, including those in an irregular situation;
Provide data disaggregated by age, sex and nationality on incidents of xenophobia, ill-treatment and violence directed at migrant workers and members of their families, particularly Asian migrant workers;
Intensify efforts to combat xenophobia, including by prosecuting perpetrators and conducting awareness-raising campaigns, and provide assistance to victims.
6.2 Obligations and rights of refugees
6.2.1 Are refugees issued with a travel document if required? What is format of such document, and what is its duration? What are the fees charged, if any?
Yes, section 6(3) of the Lesotho Passports and Travel Documents Act states “The Minister may issue a Refugee passport to a refugee subject to this Act.”
Section 7(6): A refugee passport may be issued to a refugee who is resident in Lesotho under such terms and conditions as the Minister may prescribe.
Section 8(3): A refugee passport is valid to travel to the country of destination and countries of transit for a period of two years from the date of issue of the passport.
In terms of section 10(2) a refugee requires “(x)a recommendation letter from the Commissioner for refugees where the application is for a refugee passport.”
6.2.2 Do national laws and regulations provide for freedom of movement?
Yes, section 4(1)(c) makes provision for every person to be entitled to freedom of movement. Section 7 provides additional detail on this right and exclusions for non-citizens.
6.2.3 Do national laws and regulations permit refugees to choose their place of residence and move freely within the territory? Is there an encampment policy in place? Are there designated areas or settlements for refugee residence?
Refugees may move freely. There is no encampment policy.
6.2.4 Do national laws and regulations provide for family unity? What means of proof for family relationship are accepted?
Section 8 of the Refugees Act makes provision for family unity by recognising the refugee’s family as refugees as well.
6.2.5 Do national laws and regulations provide for the civil registration of children born in the country? In practice, what is the birth registration rate amongst the refugee children population?
Yes, all children born in Lesotho are required to be registered but the registration rate is low for citizens and non-nationals.
6.2.6 Do national laws and regulations provide for freedom of religious practice and religious education?
The Constitution guarantees the principle of non-discrimination in Section 4 which provides that every person in Lesotho is entitled, whatever his race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status to fundamental human rights and freedoms. The principle of non-discrimination is defined in Section 18 (3) which provides that:
the expression discrimination means affording different treatment to different persons attributable wholly or mainly to their respective description by race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or accorded privileges or advantages which are not accorded to persons of another such description.
Section 35 of the Constitution provides for participation in cultural activities. The non-citizens are free to found and form their associations and celebrate their countries independence as well as carry out their cultural activities and beliefs. Each year, the Government commemorates the international human rights day on 10 December. For example, the Government celebrated the 2009 international human rights day theme “Embrace Diversity: End Discrimination” on two aspects namely: religion and culture. At that occasion, the Chinese were given a platform to perform their religion.
6.2.7 Do national laws and regulations provide for equal access to public elementary education?
The UN Committee on the Rights of Migrant Workers and Their Families made the following recommendation to Lesotho:
Education
The Committee notes that the Education Act of 2010 ensures for every child of school age, including children of migrant workers, the right to free and compulsory access to primary education. However, the Committee regrets the lack of information concerning the general situation of children of migrant workers in the State party with respect to access to education.
The Committee recommends that the State party conduct a nationwide study and provide information in the next periodic report on the general situation regarding access to education by children of migrant workers in the State party.
6.2.8 Are refugee children included in national child protection systems?
Yes, the Children’s Protection and Welfare Act makes no distinction between Basotho and other children.
6.2.9 Do national laws and regulations provide for equal access to secondary education and university?
In terms of Section 13(1):
Article 22(1) of the 1951 UN Convention states that refugees should receive treatment at a level that is at least on par with the host country's nationals with respect to elementary education. However, the Article does not define the term "elementary education" which is assumed to be equivalent to "primary education". Article 22(2) provides that, with respect to secondary education, refugees cannot be treated less favourably than aliens who are non-citizens and non-nationals of the host country.
Various reports have highlighted challenges experienced by refugees in getting access to education.
6.2.10 Do public relief/social assistance laws include refugees?
No, not specifically
6.2.11 Do national laws and regulations provide for access to courts and legal assistance for refugees?
Yes, local laws do not exclude refugees / migrants.
6.2.12 Do national laws and regulations provide for access to artistic rights and patent rights?
Local laws do not exclude refugees / migrants.
6.2.13 Do national laws and regulations provide for the acquisition of movable and immovable property?
Yes, local laws do not exclude refugees / migrants.
6.2.14 Do national laws and regulations provide for the right to work and the right to own a business?
Yes, refugees can obtain work permits.
6.2.15 Do national laws and regulations provide for financial inclusion?
No.
6.2.16 Do national laws and regulations include refugees in Labour legislation and social security?
Yes, local laws do not exclude refugees / migrants.
6.2.17 Are refugees with disabilities included in relevant policies and programs providing access to requisite services?
Yes, local laws do not exclude refugees / migrants, but little is known in practice.
6.2.18 What are refugee duties to the country of his or her refuge?
The Refugees Act require them to respect the laws of the country.
6.2.19 Are refugees required to obtain an exit visa to depart the country for resettlement or other purposes?
Not clear.
6.2.20 Are there nationality limitations on the granting of such visas?
No.
6.3 Managing mass influx and emergencies
6.3.1 Do national laws and regulations provide measures to manage mass influxes?
No.
6.3.2 Do national laws and regulations provide for procedures to respond to mass influx situations?
No.
6.3.3 Do national laws and regulations provide for prima facie status?
No. Section 7 of the Act only provides for an individual application process.
6.3.4 Do national laws and regulations provide for identification, disarmament, and separation of combatants from the refugee population and internment at a safe location from the border?
No.
6.3.5 Do national laws and regulations provide special protection and assistance measures for children formerly associated with armed forces or groups regarding their demobilization and rehabilitation?
No.
7 Durable solutions
7.1 Voluntary repatriation
7.1.1 Is there any legal and administrative framework on voluntary repatriation that sets out related refugees' rights and entitlements?
No legal framework sets out rights related to voluntary repatriation.
7.1.2 Do repatriation arrangements guarantee family unity?
Information not available.
7.1.3 Do repatriation arrangements identify and address returning refugees' specific needs – including women, children, older people, persons with disabilities, and others with particular concerns?
Information is not available.
7.1.4 Do repatriation arrangements guarantee that unaccompanied or separated children do not return unless they are returning to family members or other specific and adequate reception facilities, and that adequate care arrangements have been put in place?
Information is not available.
7.1.5 Do repatriation arrangements guarantee that refugees receive updated and accurate information on the country of origin?
Information is not available.
Are refugees required to obtain an exit visa to depart?
No.
7.2 Local Integration
7.2.1 Are measures in place that make it possible for refugees to be self-reliant; if so, which ones?
Refugees require work permits to conduct work in Lesotho. According to Integral Human Development:
Before allowing a foreign migrant to receive a work permit in Lesotho, the National Employment Services needs to verify that no Basotho citizen is qualified for the job. Permanent positions in the public sector are reserved to Basotho nationals only. Intra-regional labour migration is also well established in Southern Africa. Basothoswould leave their country and settle in either South Africa or Botswana, because of the demand for semi-skilled labourers.
7.2.2 Does nationality legislation facilitate the naturalization of refugees? If so, what are the measures in place?
The Refugee Act makes provision for the naturalisation of refugees, and requires refugees to be charged minimal fees (section 14).
7.2.3 Can refugees or former refugees acquire permanent residence? If so, what are the requirements, including documentation requirements?
A refugee could in principle apply for any permit under the Aliens Control Act, but no specific application is reserved for refugees. The Refugee Act makes provision for naturalisation after 5 years of residence. These are the requirements in terms of the schedule:
Section 38 of the Aliens Control Act makes provision for the following in relation to refugees:
Saving as to refugees.
If any international treaty or convention relating to refugees is or has been acceded to by or has been acceded to by or on behalf of the Government of Lesotho, an alien is a refugee within the meaning of such a treaty or convention shall not be refused entry into or sojourn in Lesotho, and shall not be expelled 33 from Lesotho in pursuance of the provisions of this Act except with his consent or except to the extend that is permitted by that treaty or convention, subject to any reservation that may be in force at the material time.
If any questions arises - (a) whether an alien is a refugee; (b) whether any provision of an international treaty or convention relating to refugees, applies to that alien; and (c) whether the expulsion of that alien from Lesotho is permitted by that treaty or convention, the High Court may on the application of that alien declare that he is a refugee, that the provision of the international treaty or convention applies to him, and may declare that his expulsion from Lesotho is, or is not, permitted by that treaty or convention, or may decline to make any such declaration.
The provisions of this subsection and the Fourth Schedule shall apply to an alien who claims to be a refugee and who by reason of that claim applies for special privileges of sojourn in Lesotho without authority or permission under the other provisions of this Act for his entry or sojourn. For so long as a provisional authority or Proclamation is in force under the Fourth Schedule, the alien to whom it refers may subject to the conditions thereof, sojourn in Lesotho.
7.2.4 Does nationality legislation provide for the acquisition of the nationality for refugee children born in the country immediately at birth or before/upon majority?
In terms of the Constitution every child born in Lesotho is a citizen by birth, at birth.
7.2.5 Do national laws or policies allow refugees to access, or prevent them from accessing, any active migration or skilled entry schemes?
No. But Refugees are required to obtain work permits in order to work.
7.2.6 Are there any arrangements to recognize academic, professional, and vocational diplomas and certificates acquired by refugees in their country of origin?
According to Integral Human Development:
The last available displacement data for Lesotho was recorded in 2018. At the time, a total of 1,400 internally displaced persons (IDPs) were mentioned as being displaced due to natural disasters. These included flash floods, hailstorms, and heavy rains recorded in March 2018. In 2019, the UNHCR data reported that there were 106 refugees and asylum seekers in Lesotho. Approximately 80% of the 106 were from the Democratic Republic of the Congo (DRC), and the remaining 20% were refugees from Ethiopia, Eritrea, and Uganda. In 2020, the number of forced migrants in Lesotho increased to 281. In that same year, 168 asylum applications were processed by the local government and had a 100% success rate, with most applications being lodged by DRC migrants. Close to 40% of refugees are asylum seekers and children, who are able to enjoy the right and access to basic health care and education. Unemployed refugees receive a government grant of M400 per month (approximately US $28), and the Lesotho government has also initiated to provide housing, water, and electricity to refugees at no cost to them. Once a work permit has been obtained, they are able to seek employment. However, there are challenges when it comes to education and the provision of travel documentation, as refugees have often complained, lamenting the fact that they are experiencing discrimination when they are trying to access these services.
7.2.7 Are refugees and their host communities included in national development plans?
Yes, see the migration sections in the National Development Plan.
7.2.8 Are there any measures to enhance the empowerment of displaced women and girls including promoting women's leadership, strengthening women's and girls' capacities, especially by enabling their access to quality education, and enhancing their food security, livelihood opportunities, and freedom of movement and economic independence?
There are general initiatives which promote empowerment amongst women in Lesotho, such as the job creation initiatives reported on by the UNDP.
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Ibid n1.↩︎
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