Statelessness in Southern Africa would otherwise be stateless. In southern Africa, and indeed in Africa as a whole, South Africa stands out both for stating in its Constitutional Bill of Rights that every child has “the right to a name and nationality” and also, critically, including in the South African Citizenship Act a provision granting citizenship to any child born on its territory who does not have the citizenship of any other country or the right to any other citizenship.77 In addition to its general jus soli provision, which excludes the children of diplomats, Lesotho provides that a child born on the country covered by the exception relating to diplomats will be a citizen if he or she would otherwise be stateless. Namibia also provides that the exceptions78 to the right to citizenship from birth of a child born in the country of parents who are ordinarily resident do not apply if the child would be stateless.79 Angola also provides for a child born on the territory who would otherwise be stateless to have its nationality on request.80 Mozambique, in addition to conditional and double jus soli, also provides that a child of stateless parents or parents of unknown nationality born on its territory has its nationality.81 Foundlings/ children of unknown parents Under Article 2 of the 1961 UN Convention on the Reduction of Statelessness “A foundling found in the territory of a Contracting State shall, in the absence of proof to the contrary, be considered to have been born within that territory of parents possessing the nationality of that State”. This provision is important for orphans of unknown parentage, especially in a post-conflict situation. In southern Africa, Angola, Mozambique and Swaziland grant citizenship to children born in the country of unknown parents and/or recently-born children found in the territory, Swaziland providing that the child may be up to the age of seven when found. Other southern African countries do not provide citizenship to foundlings. This includes South Africa, despite the many other protections its nationality legislation has against statelessness. Adopted children Most countries provide for children adopted from abroad to become nationals. In Angola, Mozambique, South Africa, Swaziland, Zambia, and Zimbabwe such children acquire citizenship automatically, without further procedures. In Botswana the procedure is discretionary if the adopted child is older than three years old, while in Namibia the child becomes a citizen through non-discretionary registration. Adopted children are not explicitly mentioned in the citizenship laws of Lesotho or Malawi. 77 Constitution of the Republic of South Africa, 1996, article 28(1)(a); South Africa Citizenship Act (No. 88 of 1995, as amended 2010), section 2(2)(a). 78 The exceptions to the right to citizenship from birth of children born in the country to parents ordinarily resident in Namibia include where the parents are illegal immigrants, or have diplomatic or similar status. 79 Constitution of Namibia, 1990, Article 4(1)(b). 80 A child born in Angola of unknown or stateless parents or who would otherwise be stateless must request nationality rather than having nationality by operation of law. Lei No.1/05 da nacionalidade, article 14. 81 Constitution of Mozambique, Article 23(1)(b). 16