5. Liberty of movement and nationality
Article 18 of UNCRPD affirms that Persons with Disabilities have the same rights as others when it comes to movement, residence, and nationality. It further stipulates that children with disabilities have rights to be officially recognized and documented through births registration, a name and acquire nationality.
It stipulates that Persons with Disabilities have equal rights to liberty of movement and freedom to choose their residence on an equal basis with others. In addition, Individuals with Disabilities are free to enter, leave and stay in any country, including their own. This means Persons with Disabilities are allowed to obtain, possess, and use documentation of their nationality including passports and identity documents.
In Botswana, the Citizenship Act governs the granting and loss of citizenship in the country. It outlines the various pathways for acquiring citizenship, such as by birth, descent, marriage, or naturalization, and it sets out the requirements and conditions for becoming a citizen of Botswana. While the Citizenship Act does not explicitly focus on individuals with disabilities, certain provisions within it may be relevant to people with disabilities in ensuring that they are treated fairly and inclusively in the process of acquiring citizenship.
The Citizenship Act does not specifically address the rights and needs of people with disabilities in its provisions. However, in line with Botswana’s commitment to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), it is essential that people with disabilities are treated equally and equitably in the citizenship process. This includes ensuring that the application process is accessible, non-discriminatory, and that people with disabilities have equal rights and opportunities as citizens. Implementing these changes will promote a more inclusive society and ensure that all citizens, regardless of disability, can fully participate in Botswana’s social, economic, and political life.
5.2 Immigration Act
The Immigration Act (Cap. 25:02) of Botswana primarily governs the regulation of immigration into the country, setting forth rules for the entry, stay, and exit of individuals, as well as the conditions under which people can work or reside in Botswana. The Act covers various categories of people, such as tourists, students, workers, and permanent residents. However, while the Immigration Act does not specifically focus on individuals with disabilities, certain provisions within it can be relevant in ensuring that people with disabilities are treated equitably within the context of immigration procedures and policies.
The Immigration Act (Cap. 25:02) in Botswana does not have specific provisions addressing individuals with disabilities. However, considering Botswana's commitments under international frameworks such as the CRPD, it is important that the immigration system be inclusive and accessible to all, regardless of disability status. Ensuring that people with disabilities are not discriminated against in the immigration process, are provided with necessary accommodations, and have equal access to services will improve their ability to engage in life in Botswana, whether as visitors, workers, residents, or refugeed.
