17. The three-year time limit for acquisition of citizenship through adoption may create statelessness among
children who are adopted after their third birthday, particularly if they did not have a previous citizenship
or are liable to losing their previous citizenship upon adoption.
18. The renouncing or automatic loss of citizenship of dual citizens when they turn 21 years of age, is based
on the flawed premise that those persons have secured their other nationality, when that may not be
the case. The person may lose their other citizenship under a similar law in the other country of their
citizenship (if they do not renounce their Botswana citizenship). This creates a risk of statelessness.
19. The Births and Deaths Registration Act and its regulations provide the legal framework for birth
registration of all persons in Botswana.16 This Act makes birth registration compulsory in Botswana. Birth
registration must be initiated by the father, mother or by the occupier of the dwelling in which the child
is born, and must occur within a prescribed period. Late registration of birth is possible, but is subject to
penalties.
20. The Immigration Act can also be applicable. In the absence of specific legislation protecting the rights of
those who are stateless or at risk of becoming stateless, an application for a certificate of exemption
under section 32 of the Immigration Act,17 could be relied upon to grant legal status to such people.
Section 31 affords the Minister of Home Affairs the powers to exempt a class of specified persons from
obtaining a permit in order to reside or work in Botswana.18 This is the only pathway to nationality
(through subsequent naturalisation) for stateless persons.
The right of every child to acquire and retain a nationality
21. Botswana does not grant any citizenship rights based on birth on the territory (if neither of the parents
are Batswana), even for foundlings or children of unknown parents. This is a significant gap in the law,
undermining the child’s right to a nationality.
22. However, the Children’s Act provides for the right of every child to a nationality, and requires that every
child receive a birth certificate to prove nationality. Birth registration is readily available to those children
born in hospitals and not those who are born at home or who live in remote areas.
23. Furthermore, children born stateless in Botswana will most likely be unable to rely on this provision in
order to access Botswana nationality. This is because they have not acquired the right to Botswana
citizenship as contemplated by the Citizenship Act. Such a child may apply for naturalisation as a citizen
of Botswana after ten years of residing in Botswana. However, Regulation 17(1) of the Botswana
Citizenship Act requires that an applicant be in possession of a permanent residence permit. This
requirement may be problematic, particularly in relation to child refugees who are orphaned and are
unable to claim refugee status as a dependant of a refugee. This group of vulnerable children lacks
documentation from their country of origin because their parents may not have registered their births
with the embassy, for political reasons. They are thus precluded from applying for either a permanent
residence permit or subsequent naturalisation. They are at risk of statelessness.
24. It is also important to note that the Citizenship Act provides for the deprivation of Botswana Citizenship
without safeguards against statelessness.19
16
The Births and Deaths Registration Act 48 of 1968.
Immigration Act 3 of 2011.
18 There have been cases where refugees were given citizenship in accordance with the Immigration Act.
19 The Citizenship Act 8 of 1998, section 18.
17