435/12 Eyob B. Asemie v the Kingdom of Lesotho
Communication 435/12 - Eyob B. Asemie v the Kingdom of Lesotho
Summary of the Complaint
1. The Secretariat of the African Commission on Human and Peoples' Rights (the Secretariat), received a
complaint on 18 December 2012 from Eyob B. Asemie (the Complainant) against the Kingdom of Lesotho
(the Respondent State), State Party to the African Charter on Human and Peoples' Rights (the African
Charter). 1
2. The Complainant submits that in 2003, because of his political views, he fled the Federal Democratic
Republic of Ethiopia (Ethiopia) to seek asylum in the Respondent State.
3. He states that he was granted refugee status in the Respondent State in 2005, and was allowed to live
with his family in the country.
4. The Complainant states that during his stay in the Respondent State he was able to acquire a number of
businesses in the country. He adds that in 2010 he was granted Basotho citizenship, after he revoked his
Ethiopian citizenship, in accordance with the law governing citizenship in the two countries. He alleges that
the Principal Secretary (PS) of Home Affairs of the Respondent State did not invite him to the swearing in
ceremony of new citizens in accordance with the provisions of the Lesotho Refugee Act. He avers that he
challenged the actions of the PS in the High Court, which in its judgment of 13 September 2012, ordered
the Minister of Home Affairs to swear him in as a citizen.
5. The Complainant submits that senior officials of the Respondent State have since harassed him and his
family, and ignored the High Court orders. He further states that the High Court decision was appealed by
the Ministry of Home Affairs to the Court of Appeal, which overturned the decision of the High Court on 19
October 2012.
6. The Complainant states he was not in the Lesotho when the judgment of the Appeal Court was delivered
as he had travelled to the Republic of South Africa (South Africa) on 14 October 2012 to meet officials at
the United Nations High Commission for Refugees (UNHCR) to seek help regarding the intimidation he was
facing in the Respondent State. He adds that following the Court of Appeal Judgment, he was refused entry
into Lesotho, as the Respondent State had by then issued a declaration nullifying his citizenship status and
revoking his passport.
7. He alleges that his wife, who was then eight (8) months pregnant, and his two (2) children were still in
the Respondent State. He further states that his wife was refused a visa to South Africa for medical care
because the Lesotho Government refused to give her a visa facilitating letter in accordance with the new
policy in the Respondent State. He adds that his wife and children have been traumatised by the situation.
8. The Complainant states that the Respondent State has violated the provisions of the African Charter,
and had rendered him a stateless person, as he had revoked his Ethiopian citizenship to attain Lesotho
nationality.
9. In his Admissibility Submissions, sent to the Secretariat on 10 January 2014, the Complainant informs
the Commission of new developments in the facts of the case. He avers that due to his status as a
stateless person, he had applied for temporary asylum in South Africa.
10. The Complainant further avers that on 6 March 2014, while he was at Bloemfontein Hospital, in South
Africa with his wife and children, waiting for his wife's turn to see her doctor after giving birth, they were all
arrested and taken to Court for allegedly violating Immigration Act 13/2002. They were however released
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