Sello Motseta
24th August 2020
The Minister of Nationality, Immigration and Gender Affairs told parliament she is not aware of anybody in Botswana who is stateless except for persons enjoying dual citizenship who may be rendered stateless as a result of failing to comply with the provisions of section 15(1) of the Citizenship Act.
The 1954 United Nations(UN) Convention relating to the status of stateless persons defines a stateless person as a someone who is ‘not recognized as a national by any state under the operation of its laws.’ Botswana has been a member of this convention since 6th April 1969.
“If any person were to be considered stateless, such a person would be eligible to be registered as a citizen of Botswana in accordance with the provisions of section 10(b) of the Act provides that the President may cause to be registered as a citizen – ‘any person not otherwise entitled to or eligible for citizenship of Botswana with respect to whom special circumstances exist which, in the opinion of the President, warrant such registration,” said Anna Mokgethi, Minister of Nationality, Immigration and Gender Affairs and member of Parliament for Gaborone Bonnington North.
She said, “With regard to children born to a foreigner and a Motswana parent, who enjoy dual citizenship, they are issued with Omang upon the attainment of the age of sixteen years. However, the validity of their Omang is restricted until their 21st birthday since the law provides that they shall renounce the other citizenship immediately before the attainment of the age of 21 years. Unfortunately, some of the affected persons often fail to comply with the provisions of section 15(1) of the Citizenship Act and consequently cease to be citizens hence face difficulties acquiring Omang.”
According to officials the Ministry of Nationality, Immigration and Gender Affairs is currently reviewing the Citizenship act and the national Registration Act with a view to ensuring that it adequately addresses potential challenges of statelessnesss.
The amendment of the Citizenship Act seeks to inter alia, reduce the age of majority from 21 years to 18 years and make provision for the default position that a citizen of Botswana, who enjoys dual citizenship, shall remain a citizen of Botswana even after attainment of the age of majority unless he/she has made a declaration of renunciation of Botswana citizenship.
Mokgethi, said “This will address the difficulties in acquiring Omang currently encountered by persons born of a foreigner and a Motswana parent.”
The amendment of the National registration act, on the other hand, seeks to increase the age at which one acquires Omang from 16 to 18 years, to enable interested parties to comply with citizenship formalities after coming of age.
