25 Aug 2020

The Ministry  of Nationality, Immigration and Gender Affairs is reviewing the Citizenship Act and National Registration Act to address potential challenges of statelessness.

Answering a parliamentary  question on Monday, Minister Annah Mokgethi said amendment of the Citizenship Act ‘seeks to 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 even after the attainment of the age of majority, unless they made a declaration of renunciation of Botswana citizenship’.

This, according to Ms Mokgethi, would address difficulties in acquiring Omang, currently experienced by persons born of a foreigner and a Motswana parent.

On one hand, Minister Mokgethi said amendment of the National Registration Act sought to increase the age at which one acquired Omang from 16 to 18 years.

“I am confident that the envisaged amendments would address challenges that are currently experienced, as by the time one is eligible for Omang he/she would have already complied with citizenship formalities,” she said.

Minister Mokgethi said the 1954 United Nations Convention, which Botswana had been party to since April 6, 1969, described a stateless person as someone who was not recognised as a national by any state under the operation of its laws. She told Parliament that she was not aware of anybody who was considered stateless in  Botswana ‘save for persons who are enjoying dual citizenship who may be temporarily rendered stateless as a result of failure to comply with the provisions of section 15 of Citizenship Act.’

In order to mitigate against the challenge, Ms Mokgethi noted that the ministry usually facilitated the affected persons to regularise their citizenship status by applying for resumption of citizenship.

If any person were to be considered stateless, such person would be eligible to be registered as a citizen of Botswana in accordance with the provisions of section 10 (b) of the Citizenship Act,  said  Ms Mokgethi.

With regard to children born to a foreigner and a Motswana parent, she said they were issued with Omang upon the attainment of the age of 16 years, adding that the validity of Omang was restricted until their 21st birthday “since the law provides that they shall renounce the other citizenship immediately before the attainment of  21 years.’

She was responding to Francistown West MP,  Mr Ignatius Moswaane, who asked if the minister  was aware that there were stateless people in Botswana.

Mr Moswaane also asked whether she would consider amending the law to help such people and if she was aware that children born to a foreigner and Motswana parent faced difficulties in acquiring Omang

He further asked whether she would consider amending guidelines for acquiring Omang in the case of children born to a foreigner and a Motswana parent. ENDS