Source: UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families
Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families
Concluding observations on the initial report of Lesotho
1.The Committee considered the initial report of Lesotho (CMW/C/LSO/1) at its 310th and 311th meetings (see CMW/C/SR.310 and 311), held on 12 and 13 April 2016. At its 322nd meeting, held on 20 April 2016, it adopted the present concluding observations.
31.While noting the consular and diplomatic assistance provided by the State party to migrant workers, particularly those working in South Africa, the Committee is concerned that not enough practical information has been made available to the Committee on the specific assistance offered to migrant workers and members of their families to ensure the protection of their rights.
32. The Committee recommends that the State party ensure that all migrant workers and members of their families have recourse to consular support for the protection of the rights set out in the Convention. It also recommends that the State party ensure that its embassy and consulate personnel have appropriate knowledge about the laws and procedures in force in countries where Basotho migrant workers are employed .
Birth registration and nationality
37.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.
38. The Committee recommends that the State party:
(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 implementation of the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
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