20TH AUGUST 2024 1
Rationale Behind the Deprivation of Citizenship for a Citizen of Botswana by Registration or Naturalisation
1. I wish to make it known that Article 1 of the Convention on Certain Questions Relating to the Conflict on Nationality Laws- The Hague- 12 April 1930, gives each State the Sovereign power to determine under its own law who its nationals are. In this respect different countries pass varying legislation regarding the grant and deprivation of citizenship.
2. It has come to my attention that there are misleading allegations that citizens of our nation can be denied their birth right due to absence from the country for a period of seven years. These allegations are contained in a Facebook page of Century Buzz and have sent shockwaves amongst Batswana both in and out of the country.
3. I would also like to state that deprivation of citizenship for citizens by registration and citizens by naturalisation is a practice among many leading countries in the world such as the United States of America and India, to site a few. I want to make it abundantly clear that a birth right cannot be stripped away from a Motswana, further this provision is meant for only citizens who would have acquired their citizenship by way of registration or naturalisation. Let me also highlight that this provision is not new. It has always been in our Citizenship Laws since Independence and even in the current Act. Let me assure Batswana that since Independence, there is no Motswana who has been deprived of his citizenship as a result of this provision.
4. In Botswana, citizenship is granted to a foreigner on the basis that he/she has resided in Botswana for a period amounting in aggregate to not less than 10 years. The applicant must also have resided in Botswana for a continuous period of 12 months immediately before submission of his/her application for citizenship. Furthermore, the Citizenship Act provides that those who apply for citizenship by registration or naturalisation may only be granted citizenship if they demonstrate that they intend to reside in Botswana continuously in the event that they are granted citizenship. This is meant to promote national unity and cohesion by encouraging loyalty and allegiance to Botswana by any person who acquires Botswana citizenship.
5. The essence of this provision is also to protect the acquisition of our citizenship from abuse. Where persons acquire citizenship for whatever benefit, then proceed to be absent from the very same country with which they sought to be domiciled at for a prolonged period of time (7 years).
6. On a close scrutiny of the provision you will realise that for a person to be absent for a period exceeding seven years, the Minister needs to be notified of such absence and should such person want to exceed those years then the Minister can renew the period of absence. Note that this can only be done twice unless such renewal is due to special circumstances of national importance or public interest.
7. I would also like to emphasise that the rationale behind not allowing citizens by registration or naturalisation to enjoy dual citizenship is also meant to protect the acquisition of our citizenship from abuse and to promote loyalty and allegiance to Botswana. It is my belief that when non-citizens apply for Botswana citizenship they do so voluntarily and well aware that they will have to renounce their foreign citizenship since we do not allow dual citizenship in respect of citizens by registration or naturalisation. This is also the practice in countries such as, Taiwan, Hong Kong, Namibia and Zambia.
Kea Leboga.