The Universal Periodic Review (UPR) Working Group at the 49th UN Human Rights Council session performed its fourth evaluation of Lesotho’s human rights practices on April 30, 2025. Minister Richard Ramoeletsi from Lesotho presided over the UPR review in Geneva.
Accomplishments and progressive advancements
In order to determine the number of stateless people in the nation and to guarantee that laws are changed to assure protection against expulsion, equitable treatment, and other issues, Lesotho agreed to conduct research on statelessness, according to UNHCR. Through a partnership between UNHCR, the Ministry of Home Affairs, the Bureau of Statistics, and the local Civil Society Organization (CSO) Transformation Resource Center (TRC), the research is scheduled to start in 2024.
Given the existing financing constraints, UNHCR and TRC are actively presenting the initiative to a range of potential funders, including sister UN organizations. In advance of the full-fledged research, UNHCR volunteered to pay for the desk review.
Major issues and challenges highlighted in the review
The UNHCR is concerned about the lack of legislation ensuring universal, free, and accessible birth registration and the implementation of sufficient protections against statelessness for children born inside the region. Furthermore, it should be mentioned that protections for the renunciation and citizenship change procedures have not yet been implemented.
Lesotho’s declarations and reservations under the 1954 Convention are also noted by UNHCR. This may jeopardize their socioeconomic and cultural privileges as well as their protection from expulsion.
Rebuild after the 1983 Refugee Act so Lesotho has a modern model for refugee protections, but reform is needed immediately to address all modern asylum realities. Currently, the Refugee Status Determination (RSD) process is put in place by the six-member government committee with observer status from UNHCR. It has delays due to infrequent meetings and lacks important components like thorough interviews, credibility assessments, and country-of-origin research, which all inhibit the fairness and efficiency of proceedings and require more training for committee members.
In terms of frequency, this committee has held just two meetings since 2022, accumulating a backlog of 195 cases as of August 2024, which inflicts delays in timely decisions. Some public officials have shown indications of favor towards reforms in legislative regulations, which are expected to overhaul and make efficient improvements within the RSD system toward international standardization.
Applicants, including refugees, for naturalization in Lesotho are governed under the provisions of the Citizenship Order of 1971 when the necessity arises. Certain criteria for residency, character, and language are mandated under Section 11. To revise these provisions and to introduce dual citizenship in Lesotho, the 2018 Immigration and Citizenship Bill has streamlined procedures for refugees married to Basotho nationals and their offspring to procure citizenship.
UNHCR approved Lesotho’s endeavors in naturalizing refugees as worthy; however, some barriers are posed to applicants, such as prolonged periods, varied decision outputs, and lack of transparency, especially for families that apply together. Violation of the right to family life under international treaties ratified by Lesotho may threaten such issues. The introduction of chronicled regulations with defined timelines and transparent procedures, besides public sensitization of the 2018 Bill, will lead to achieving equal and timely naturalization of eligible refugees.
Recommendations
In this regard, UNHCR urges the Government of Lesotho to facilitate freedom of movement for refugees by negotiating with South African authorities on the possibility of extending Convention Travel Documents from an initial period of two years to five years. It also calls for the promulgation of appropriate regulations that will add value and simplify naturalization procedures for refugees, urging also the removal of reservations to the 1954 Statelessness Convention. It would also benefit Lesotho to set up statelessness determination procedures and legal protections for stateless persons, ensure universal and free birth registration with safeguards against statelessness, and facilitate the timely issuance of identity documents to eligible refugees to enhance access to essential services and security.
