P a g e | 64
9.0
SPECIAL PROTECTION MEASURES
9.1
Refugee, returnee or displaced children (Articles 23 and 25)
Legislative
The Constitution at Article 32 obliges the GoL to take measures to provide protection to
children regardless of parentage or nationality.
The Aliens Control Act (1966) deals with treatment of refugees in Lesotho and provides
that non-citizens may seek temporary refuge. The Refugee Act (1983) provides
protection of a refugee child within the borders of Lesotho and grants refugee status to
all family members.
The CPW Act affords protections to refugee children as it does not discriminate as to a
child's origin. Where a child cannot be repatriated in terms which are in their best
interests, they will be given expedited naturalisation.
The Anti-TIP Act (2011) requires that victims be returned to Lesotho.
Administrative
Lesotho has a Disaster Management Authority Policy governing procedures in the
cases of natural and man-made disasters and evacuation procedures. Red Cross
Lesotho provides disaster relief aid in situations such as these. Beautiful Dream Society
provides advocacy and shelter for human trafficking victims.
Progress
Lesotho has successfully placed several child refugees and their families from
Zimbabwe and the Democratic Republic of Congo.
Difficulties
In the limited instances of trafficking the government Ministries responsible claim they
have not the resources to return a child to their home following trafficking. Even foreign
Embassies where the trafficking victim has come from offer very little assistance in the
victims return.
9.2
Children in armed conflicts including specific measures taken to
protect and provide care for the children (Article 22)
Lesotho is not involved in armed conflict.