UNHCR, APRIL 2023 REFUGEES FROM GENERATION TO GENERATION The law on immigration and emigration provides for temporary and permanent residence permits to be issued to foreigners in Rwanda. 226 The detail on the classes of permits to be issued is provided in the ministerial order, including a permanent residence permit issued to a foreigner who has been legally residing in Rwanda for an aggregate of ten years, and his or her spouse or children, as well as a permit ”issued on humanitarian grounds to a foreigner in need of protection due to his o r her personal circumstances or circumstances beyond his or her control”.227 Residents who are not refugees are issued identity documents and may also be issued travel documents if they are unable to acquire a travel document from the country of origin, or are stateless.228 Permanent residence status could potentially be issued to refugees, but there is no known case of a refugee obtaining a permanent residence permit. Some refugees obtain short-term permits to work outside the camps. Civil registration Applicable law: Law No. 32/2016 of 28/08/2016 governing persons and the family, as amended in 2020 by Law N° 001/2020 of 02/02/2020.229 The 2016 law on persons and the family repealed and replaced Loi No. 42/1988 and created a consolidated legal framework for civil registration for the first time. Amendments to the family code in 2020 updated the law to provide for digital registration, linking birth registration directly to health facilities and local government administration. The 2016 law increased the initial deadline to register a birth from 15 to 30 days (cultural norms require at least eight days before a child is named); the law also removed the requirement for more onerous procedures for late registration (though a fee may apply). Any person who finds an abandoned new-born child is also bound to register its birth within thirty days. The 2020 amendments provide for birth registration to be carried out immediately after birth if the birth took place at a health facility. 230 While over 94 percent of births occur at health facilities, those who are born in the community are registered at cell level. Foreign civil status documents are authoritative; and in case of doubt a court will rule on the validity of the record.231 In addition, Rwandan law provides for the civil registry and courts to be able to substitute civil status records where they are absent – whether the event occurred in Rwanda or abroad. In case of an individual applicant, the person submits “all possible evidence proving the existence or non-existence of that record” and the competent court may order further investigations if considered necessary, and order restoration or registration of data. 232 This procedure could potentially be of use for refugees (and others) not born in Rwanda whose birth has not been registered in their country of birth or who may have fled without their birth certificate in their possession – in line with the provision in Article 25 of the Refugee Convention that such administrative assistance should be provided to refugees. 226 Law No 57/2018 on immigration and emigration, art.8 227 Ministerial Order N° 02/01 of 31/05/2011 Establishing Regulations and Procedures Implementing Immigration and Emigration Law, art.20. 228 Ministerial Order N° 02/01 of 31/05/2011, arts. 23 & 33. 229 See also Presidential order no 092/01 of 21/09/2020 determining responsibilities of the executive secretary of cell; Ministerial order n° 001/07.01 of 27/07/2020 determining the officer of the health facility with powers of civil registrar; Ministerial Order No 002/07.01 of 27/07/2020 determining the number, type, f ormat and use of civil status registers. 230 Law No. 32/2016 of 28/08/2016 Governing Persons and the Family, as amended by Law N° 001/2020 of 02/02/2020, arts. 100–102. 231 Law No. 32/2016 of 28/08/2016 Governing Persons and the Family, as amended, arts. 86 & 98. 232 Articles 86-91 of Law nº 32/2016, as amended. 67