CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020 It is important that the naturalisation process also provide that minor children resident with the person naturalised can acquire citizenship at the same time. While Lesotho, Malawi, Mozambique, Namibia and South Africa provide for children to be naturalised, this is a separate application procedure, subject to its own conditions, and discretionary. Other countries have no explicit provision. This leaves such children at the risk of statelessness, in particular if the children have lost any previous nationality they held together with their parents. Very few states provide for easier access for stateless persons, in line with the obligations in the 1954 Convention relating to the Status of Stateless Persons.149 Malawi and Lesotho both have specific measures in law to provide for naturalisation of stateless persons; although these are very limited in their application. In the case of Lesotho, the person must have been lawfully resident in Lesotho since 1966 and satisfy other requirements: in recent years three people with close connections to Lesotho are reported to have acquired citizenship under this provision.150 Malawi provides for acquisition of nationality by discretionary registration of Commonwealth citizens; citizens of other African countries; persons with a “close connection” to Malawi, including those born in the country; and stateless persons born in the country. The applicant must also satisfy the authorities that he or she has been ordinarily resident in Malawi for three years, intends to remain there, and has no serious criminal convictions.151 Zambia makes no specific provision for registration of stateless persons, but does provide for the discretionary registration of persons who were born in Zambia and have been resident for five years, and for those born outside Zambia who have a Zambian ancestor and have been resident for five years (whereas the general rule for those with no such connection is ten years’ residence). Importantly, for the purposes of stateless persons, the law provides that the period of residence required is “ordinary residence” rather than a formal immigration status (though “prohibited immigrants” are excluded).152 The new regulations issued under the 2016 act, however, establish a range of other requirements that are not provided in the legislation.153 A requirement to renounce other nationalities before naturalising may create a risk of statelessness if the application for naturalisation is then rejected. In southern Africa, this is required by the laws of Lesotho, Malawi, Namibia, and Zimbabwe. Such provisions also adversely affect asylum seekers, refugees and former refugees, and stateless persons, and their children, who may not be able to access assistance from the authorities of their country of origin. It is desirable to exempt people in these situations from a requirement to show proof of renunciation of nationality issued by the state of origin: a simple declaration should be sufficient. Amendments to the South African Citizenship Act in 2010 added a requirement that a person applying for naturalisation must satisfy the minister that they are either a citizen of a country that allows dual In accordance with Article 32 of the 1954 Convention relating to the Status of Stateless Persons, “(...) Contracting States shall as far as possible facilitate the assimilation and naturalization of stateless persons. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such procedures”. 149 Lesotho Citizenship Order, No.16 of 1971, sec. 10; Meeting between UNHCR and the Commissioner for Refugees and Chief Legal Officer, Ministry of Home Affairs, Lesotho, 21 August 2020. 150 151 Malawi Citizenship Act 1966, secs.12-15 and 18. 152 Constitution of Zambia 2016, art. 37; Citizenship of Zambia Act No.33 of 2016, Part V (secs. 20-24) . The requirements established by the Citizenship of Zambia Regulations 2017 include publication of a notice in the Gazette and a daily newspaper, and completion of an extensive form with statements in relation to good character, knowledge of English and a local language, details of sponsors, residence permit etc, as well as a certificate of renunciation of a former citizenship -- none of which are now required by the law. Citizenship of Zambia Regulations 2017, regs.3 and 4 and forms II and IV. 153 41 UNHCR / December, 2020