11. While stateless persons have in essence, been denied their right to a nationality, despite the above protections and standards, stateless persons are entitled to the enjoyment and protection of most other human rights enshrined in these core international treaties including protection against discrimination and inequality before the law. 12. Botswana is also party to the 1954 Convention Relating to the Status of Stateless Persons (1954 Convention). But it is not party to the 1961 Convention on the Reduction of Statelessness (1961 Convention). Botswana’s national legal framework 13. The Constitution of Botswana does not expressly provide for the right to Nationality.6 The Botswana Children’s Act of 2009, however, does provide for this right by stating in section 12 that ‘every child has a right to a nationality from birth’.7 Importantly, this Act has domesticated the CRC, thereby ensuring the domestic application of the Convention. 14. The acquisition of citizenship in Botswana is regulated by the Botswana Citizenship Act of 1998 which confers citizenship to persons as follows: a. b. c. d. e. f. g. By birth, if the person is born in Botswana and one of his or her parents is a citizen of Botswana.8 By descent, if born outside of Botswana and at the time of birth, either of the parents is a citizen of Botswana.9 By settlement, if born to a person who has acquired Botswana citizenship due to having lived as a member of a tribe or community or having been customarily accepted as such.10 By adoption, when a child younger than three years is adopted by a Botswana citizen.11 By registration, when the person is a naturalised Botswana citizen or is granted citizenship in recognition of exceptional circumstances.12 By naturalisation, when the person has been resident in Botswana for not less than ten years.13 Dual citizenship is allowed until the age of 21, when the person ceases to be a Botswana citizen.14 15. These provisions do not address the manner in which (otherwise) stateless children may acquire Botswana citizenship. Children born in the territory of Botswana to stateless or unknown parents are therefore not guaranteed protection against statelessness. 16. In addition, these provisions do not stipulate that every child has a right to Botswana nationality, if they would otherwise be stateless. However, they should be interpreted in light of Botswana’s obligations under Article 7 of the Convention on the Rights of the Child, which includes an absolute protection against childhood statelessness.15 6 The Constitution of Botswana, 1966. Botswana Children’s Act 8 of 2009. 8 Botswana Citizenship Act 8 of 1998, section 4. 9 Ibid, section 5. 10 Ibid, section 6. 11 Ibid, section 7. 12 Ibid, section 10. 13 Ibid, section 12. 14 Ibid, section 15. There is currently a Dual Nationality Bill before Parliament, which will look to address the issue of dual citizenship in Botswana. 15 It must be noted that the position of the Courts is that commitment to an international instrument does not lead to automatic domestic application of the obligations stemming from the instrument. These international instruments are of mere persuasive value. However, the CRC has been domesticated and is therefore now of domestic application through the Children’s Act 2009. 7