Amend Citizenship Act - MPs
Pini Bothoko | Monday December 9, 2019 12:45
This comes after Member of Parliament (MP) for Maun East, Goretetse Kekgonegile tabled a motion for debate in Parliament. MPs stated that the move to amend the Act was long overdue, as it denies citizens their rights.
Kekgonegile gave an example of the United Nations Educational, Scientific and Cultural Organisation definition that emphasises the rights and obligations given to an individual in a formal aerial identity.
He added that his focus is mainly on the dual citizenship pleading with Parliament to consider its application in terms of adopting a default position where one retains Botswana citizenship unless he or she specifically renounces.
He stated that the concept of dual citizenship means a person is a legal citizen of two countries, while default position on the other hand is a pre-selected position adopted by mechanism where no alternative is specified. Kekgonegile added that countries either allow or do not recognise dual citizenship as per their own set of laws. “In Botswana dual citizenship applies to children who may maintain such status until they reach the age of 21 as per citizenship Act, section 15.1. A person seizes to be a citizen of Botswana at age of 21 unless such person has renounced the foreign citizenship,” he said.
Kekgonegile stated that Botswana is not a signatory to regional or international protocols that recognise double citizenship. He added that in discussing the matter, it was important for MPs to distinguish between what the motion seeks to establish and Botswana blue card.
“The blue card caters for persons who had previously renounced Botswana citizenship to retain unlimited stay in Botswana. It is also important that as the motion is discussed members distinguish between what the motion intents or seeks to address and what we tend to look at as dual citizenship in a literal sense,” he said.
He argued that default position is about a situation in which Batswana women give birth to a child in Botswana with a foreigner and the citizenship Act state that such children have two citizenships.
“When that child turns 21 years of age he or she must renounce the citizenship, but if the child does not renounce he or she loses the Botswana citizenship and automatically takes the father’s citizenship,” Kekgonegile said.
“We must understand that this situation usually affects orphans, vulnerable and unprivileged children. When a child turns 21 and we take their Botswana citizenship and force them to go to their father’s country where they do not know anyone, it is a total trauma and torture to the child.”
He said government spends a lot of money in educating such children, but when they turn 21 they are forced to renounce their citizenship.
The MP for Okavango, Kenny Kapinga supported the motion. He stated issues raised by Kekgonegile are prevalent in his constituency, which is close to Namibia where constituents have relatives.
“As we speak there are many children who are stateless. When their mother dies it is a struggle for family members to help them to renounce their citizenship. There can never be more injustice for children born by Motswana are deprived their rights. But other foreigners without biological resemble with us easily acquire Botswana citizenship because of their financial or economic position. I support this motion for this policy to be amended,” Kapinga said.
Francistown East MP, Buti Billy also shared similar sentiments with Kapinga saying in his constituency they relate to and have children with Zimbabweans.
“This law is outdated and needs to be reviewed. I am talking from experience, as my mother is a Zimbabwean and my father is a Kalanga from Matobo village here in Botswana. This matter affects most of Batswana, some children have lost their education opportunity, some have lost their jobs as their Omang (identity cards) were seized, as they did not renounce their citizenship. This matter is mostly affecting the BaZezuru tribe who their forefathers originate from Zimbabwe but born in Botswana,” Billy said.
Responding to Kekgonegile’s motion, the Minister of Nationality, Immigration and Gender Affairs, Anna Mokgethi said her Ministry has started the process of amending the Citizenship Act to make it a default position that one retains Botswana citizenship unless they specifically renounce Botswana citizenship.
“My ministry is finalising the Cabinet memorandum for presentation to Cabinet as part of this review and the public will be consulted,” Mokgethi said.