Kelly Kapianga (LCK Chambers) constitutions. It appears that the creation of these categories are largely semantic, because the remainder of the Constitution shows that the two categories enjoy similar rights in that nearly all rights enjoyed by a citizen by birth are also conferred on a citizen by descent.106 Interestingly, however, this category of citizenship by descent is not dealt with under the Citizenship Act, 2016. Neither the committee report which led to the enactment of the Act107 nor Act itself mention this category of citizenship. In fact, a reading of the provisions relating to citizenship by birth under the 2016 Act show that some distinction will in practice be created between citizenship by birth and by descent. For instance, under the 2016 Act, a citizen by birth is required to be registered within a month of their birth with the registrar of the district in which the person is born.108 There is no provision for registration of Zambian citizens born outside Zambia. Once the citizen attains the age of 16 years, they are entitled to obtain a National Registration Card109 which is the principal evidence that one is a citizen by birth. The fact that these procedures are not available outside Zambia creates a barrier to citizens by descent getting recognition as equals to citizenship by birth and creates a de facto requirement for citizens by descent to apply to the Citizenship Board for recognition as citizens, which requirement does not apply to citizens by birth. To deal with situation, the Minister of Home Affairs is empowered to make regulations for, among other things, enabling the births of people entitled to Zambian citizenship in foreign countries.110 3.3 Introduction of presumed citizenship for foundlings The 2016 Constitution created the category of presumed citizenship by birth, for the first time protecting children of unknown parents against statelessness. The procedures to implement this presumption are set out in the Citizenship Act, which provides for citizenship to be conferred under this provision pursuant to an order of the Children’s Court Division of the High Court of Zambia111 covering children under the age of eight who are found within Zambia and whose nationality and parentage cannot be ascertained.112 106 See for instance entitlement for appointment as Speaker of the National Assembly (Article 82(2) (a), to be elected President of the Republic (Article 100(1) (a)) or to be appointed chief (Article 266). 107 Report of the committee on National Security and Foreign Affairs on the Citizenship of Zambia Bill, N.A.B. No. 33 of 2016, for the fifth session of the eleventh national assembly, appointed On 24th September 2015 available from: http://www.parliament.gov.zm/sites/default/files/documents/committee_reports/REPORT%20%20ON%20THE %20CITIZENSHIP%20OF%20ZAMBIA%20BILL%2C%20NO.%2033%20OF%202016_0.pdf 108 Section 15(1) of the Citizenship Act, 2016 as read with section 14 of the Births and Deaths Registration Act, Chapter 51 of the Laws of Zambia 109 Section 15(2) as read with section 3 of the National Registration Act, Chapter 126 of the Laws of Zambia 110 Section 45(2) (f) of the Citizenship Act, 2016 111 Section 16(5) of the Citizenship Act, No. 33 of 2016 112 Article 35(2) 16 RSCAS/GLOBALCIT-CR 2020/14- © 2020 Author(s)