REFUGEES FROM GENERATION TO GENERATION
UNHCR, APRIL 2023
2) indication of a foreign country where the person was born and that he or she has never been
legally recognised as a Rwandan;
3) written testimony of the person or of another person corroborated with evidence proving the
relationship linking him or her with Rwanda, or the proof of a relative who is Rwandan national
by origin;
4) proof of payment of application fee.251
These provisions of the law and the order are not entirely clear on the meaning of “Rwandan origin” or
“Rwandan ancestry”. In particular, it is not specified if a person must demonstrate family connections
linking to a place within the borders of the current state of Rwanda, or if a broader definition based on
linguistic and cultural identity could be used, including those without any proof of such a geographical
connection.
It is also not clear if the application procedure for nationality on the basis of “Rwandan origin” refers only
to those born outside of the country – as seems to be implied by the second paragraph of the Article 3 of
the 2022 ministerial order, and would be in line with previous provisions on facilitated acquisition for
those outside the country of Rwandan origin. The 2021 law, however, does not establish a distinction
between those born inside or outside of the country, and so the application procedure appears to apply
to all. In practice, it seems that a child born in Rwanda with at least one parent who holds a Rwandan
national identity card and whose birth is registered will be recognised as Rwandan as part of the birth
registration process. The birth register is in turn linked to the National Population Registry, so the process
of recognition as a Rwandan in these circumstances would not require a separate application. However,
the wording of the new law referring to an application for Rwandan nationality of origin creates potential
confusion in its current form, seeming to blur the situation of those born in the country of Rwandan
parents (whether or not of “Rwandan origin”) and those born outside who wish to acquire Rwandan
nationality on the basis of an ancestral connection to the country.
In comments received on a draft of this report, the Rwandan authorities stated:
A child born to at least one parent, who possess Rwandan nationality at the time of the child’s
birth, is automatically attributed Rwandan nationality irrespective of place of birth. No
application, but only registration is required.
A person born in Rwanda, born to at least one parent of Rwandan origin (irrespective of the
current nationality/documentation of the individual and the parents), is automatically attributed
Rwandan nationality.
A person is eligible to apply for Rwandan nationality by origin, if he/she is born outside of Rwanda
to at least one parent, who has origins in Rwanda, but whose parents have never been legally
recognized as Rwandans.
Nonetheless this ambiguity should be clarified in a public statement, since the implications of nonregistration of birth still appear to be that nationality is not acquired automatically at birth.
The application fee for Rwandan nationality of origin is 5,000 Rwandan francs (approximately US$5). 252
Nationality “by acquisition”
Any person not of “Rwandan origin” can only be granted nationality “by acquisition”. Detailed
requirements are established for eleven separate grounds to acquire nationality, which are: birth on the
territory of Rwanda; foundlings; marriage; adoption; national interest; special skills or talent; substantial
sustainable investments or activities; residence in Rwanda; honour; being an immigrant; statelessness.253
Any person granted nationality by acquisition must swear an oath of allegiance and all grants of
251
Ministerial Order No. 007/01, art. 3.
252
Ministerial Order No. 007/01, art. 31.
253
Law No. 002/2021.OL, art. 8.
70
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