CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020
discrimination in the rules on acquisition through marriage was achieved by making any acquisition through
marriage subject to conditions similar to those for any other foreigner (though Zambia and Zimbabwe have
since restored a degree of easier access).33 In Madagascar gender discrimination only removed in January
2017.34
As in the rest of the world, gender equality in transmission to children also contributed to the greater
tolerance of dual nationality, along with pressure from the growing diasporas of each country. Often
presented as a binary – dual nationality is allowed or not – there are often detailed conditions that create
intermediate positions (allowed for naturalised only, or for those born with nationality only, or for spouses
but not others, or only for children, or only with permission). In practice, interpretation and application of
these laws can vary widely, or small differences in wording result in different outcomes.
Two other, less dominant, trends that southern Africa shares with other parts of the continent have been to
reduce rights to nationality based on birth in the territory, and to increase the length of time required for a
person to naturalise. All the Commonwealth states in Africa, with the exception only of Tanzania and
Lesotho, have amended the initial frameworks of their citizenship laws to remove the absolute right to
citizenship based on birth in the territory; in practice, however, neither Lesotho nor Tanzania apply this
provision of the laws. In southern Africa, Namibia, South Africa, and Zambia have retained or restored some
rights based on birth in the territory (see below: Nationality based on birth in the country). Angola too has
amended its nationality law to reduce rights based on birth in Angola. Many of the Commonwealth states
have, however, introduced previously absent protection for children of unknown parents found in their
territory. Meanwhile, the most common period of residence in the country to qualify for naturalisation has
increased from five to ten years.
were amended to remove gender discrimination (see next footnote), but also to provide only for descent-based citizenship, whether born in or outside
Mauritius.
33
Mauritius Constitution Amendment Act No.23 of 1995 and Citizenship Amendment Act No.24 of 1995; Constitution of Zambia Act No.1 of 1991;
Constitution of Zimbabwe Amendment (No.14) Act No.14 of 1996.
34
Transmission of nationality to a child born in wedlock was restricted to the father. A child born in wedlock of a Malagasy mother might claim Malagasy
nationality up to the age of majority (21 years), and a child born out of wedlock took the nationality of the mother, or might claim nationality through the
father if descent was established. Ordonnance no. 1960-064 portant Code de la nationalité malgache (amended by loi no. 1961-052 ; loi no.1962-005 ;
Ordonnance no.1973-049 ; and loi no.1995-021), sec. 16. These rules were changed to bring gender equality in transmission to children by Loi n°2016038 of 25 January 2017.
16
UNHCR / December, 2020