Recommendations
25. In light of the information provided in this submission, we urge member states to make the following
recommendations to Botswana:
I.
Accede to the 1961 Convention on to Reduction of Statelessness.
II.
Amend the Citizenship Act and regulations in accordance with the Botswana Children’s Act,
the Convention on the Rights of the Child and the African Charter on the Rights and Welfare
of the Child, to ensure every child’s right to a nationality and that no child is born stateless
in Botswana.
III.
Take all necessary steps to ensure immediate and universal birth registration of children
born in Botswana, particularly foundlings, those born to migrants and undocumented
persons and those born outside of hospitals.
IV.
Ensure that all children found in the territory of the state shall, in the absence of proof to
the contrary, be considered to have been born within Botswanan territory to Batswana
parents.
V.
Amend laws restricting acquisition of nationality through adoption to children below three
years of age to ensure that all children (under 18 years of age) adopted by Botswana
citizens, acquire Botswana nationality.
VI.
Ensure equal access to documents used to prove nationality, e.g. birth certificates, and
provide for alternative systems to prove identity when these forms of proof are not
available or cannot be reasonably obtained.
VII.
Ensure that refugees who acquire Botswana nationality are not required to renounce his or
her previous nationality if they are unable to. In such situations, the nationality of the state
of refuge should be considered as the predominant nationality for purposes of diplomatic
protection.
VIII.
Ensure that the Dual Nationality Bill repeals the current automatic loss of Botswanan
nationality of dual nationals who have not renounced their second nationality at the age of
21.