In June, a report from the UN Development Program estimated that approximately 93,000 people had returned to Lesotho as a result of COVID-19. The implementation of strict measures in neighbouring South Africa, which impacted the livelihood of migrant workers, helped spur this influx. Since October, migrant workers holding a permit are allowed to travel outside […]
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DETENTION STATISTICS
DETENTION CAPACITY
ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
PRISON DATA
POPULATION DATA
MIGRATION-RELATED DETENTION
LEGAL & REGULATORY FRAMEWORK
Do Migration Detainees Have Constitutional Guarantees?
No
((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.)
1993
1993
GROUNDS FOR MIGRATION-RELATED DETENTION
LENGTH OF MIGRATION-RELATED DETENTION
MIGRATION-RELATED DETENTION INSTITUTIONS
PROCEDURAL STANDARDS & SAFEGUARDS
DETENTION MONITORS
> National human rights monitoring bodies
> National Preventive Mechanisms (Optional Protocol to UN Convetion against Torture)
> Non-governmental organisations (NGOs)
> Governmental monitoring bodies
> International detention monitoring
TRANSPARENCY
READMISSION/RETURN/EXTRADITION AGREEMENTS
COVID-19
HEALTH CARE
COVID-19 DATA
INTERNATIONAL TREATIES
International Treaties Ratified
Ratification Year
Observation Date
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2001
2017
ICRMW, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
2005
2017
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2003
2017
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2004
2017
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance
2013
2017
Ratio of relevant international treaties ratified
Ratio: 15/19
Relevant Recommendations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on Migrant Workers
"§30. 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:
(a) 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;
(b) ensure that migrant workers detained for violations of immigration law are not detained with persons accused or convicted of a crime;
(c) 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."
2016
2016
2017
NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS
REGIONAL HUMAN RIGHTS MECHANISMS
Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date