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Republic of South Africa
Prevention of Statelessness at Birth
South Africa scores 6 out of 15 for prevention of statelessness at birth. Once again, South Africa’s good example in inclusive laws is undermined by a lack of implementation or discriminatory provisions in birth registration laws. South African law does not make provision for the granting of nationality to foundlings, a significant concern for this country. South Africa also loses points for making its safeguards against statelessness and some of its acquisition provisions dependent on birth registration. South Africa could significantly increase its score by implementing its safeguards in line with court rulings; and by amending its laws to include a provision for foundlings and removing the requirements for birth registration in acquisition of nationality.
The Kingdom of Eswatini
Prevention of Statelessness at Birth
Eswatini scores 4,5 out of 15 for prevention of statelessness at birth. As in many Southern African countries, jus soli does not apply and no provision is made for children born stateless in the territory to acquire citizenship. Where the law does make provision for the passing of nationality to children in an automatic way, it is hampered significantly by the restrictions based on gender and marital status of the parent. A new law is in the making and may well address these concerns. What Eswatini does gain points for is their remarkably progressive foundling provision for which they earned additional marks.
Zimbabwe
Prevention of Statelessness at Birth
Zimbabwe scores 4,5 out of 15 for prevention of statelessness at birth. Although Zimbabwe has no provision for stateless children born on the territory or children born to stateless parents, it does have a progressive foundling provision which grants nationality to foundling up until the age of 15 years.
United Republic of Tanzania
Prevention of Statelessness at Birth
Tanzania scores 4 out of 15 for prevention of statelessness at birth. Despite having a jus soli provision in the law, Tanzania does not implement this provision and therefore only scores 1 point, instead of 2. It loses points for not having a foundling provision, nor an otherwise stateless provision to grant nationality to children who cannot acquire a nationality from a parent. It is penalized for not granting citizenship by descent automatically for children born outside of the country but making it subject to an administrative process.
Republic of Botswana
Prevention of Statelessness at Birth
Botswana scores 4,5 out 15 for prevention of statelessness at birth. Similar to Eswatini, it loses much of its score to the fact that it does not cater for stateless children born in the territory, nor does it provide for jus soli or delayed jus soli.
Republic of Angola
Prevention of Statelessness at Birth
Angola scores 8 out of 15 for prevention of statelessness at birth. Angola has a wide range of provisions to prevent statelessness for children in various different situations. Points are lost for the fact that adopted children do not automatically acquire Angolan citizenship if adopted by an Angolan parent. The foundling provision is restricted arbitrarily to children under the age of 14.
Madagascar
Prevention of Statelessness at Birth
Madagascar scores 2 out of 15 for prevention of statelessness at birth. The constitution does not make provision for the child’s right to acquire a nationality. Legislation does not contain a provision granting nationality to children born in the territory who would otherwise be stateless. A child found in Madagascar is assumed to have been born in Madagascar. The law grants Malagasy nationality to foundling children, but withdraws it if the parents become know, even where the parent is stateless or cannot pass nationality to their child. Adopted children do not automatically acquire nationality.