UNHCR, APRIL 2023 REFUGEES FROM GENERATION TO GENERATION application procedure for recovery of nationality. To assert this right, a person has had to supply evidence of genealogical connections and historical residence in Rwanda itself, or of integration in Rwandan culture, through witness testimony and other means. 242 Under the 2008 Nationality Code, a person was Rwandan by “parental descent” if one of the parents was Rwandan, wherever the person was born, if descent was proved according to the laws in force in Rwanda.243 The law made no distinction in transmission of nationality to children among those whose parents had always been Rwandan, had recovered Rwandan nationality, or had naturalised. In practice, however, distinctions were made. 244 In addition, it was provided that nationality was acquired by a child born in Rwanda who could not acquire the nationality of one of his or her parents (whether because they were unknown or stateless, or the child was unable to acquire their nationality) , while a child born in the territory of non-national parents could apply for nationality at majority. 245 The 2021 Nationality Code creates a generalised distinction between those with nationality “of origin”246 and those who have acquired nationality. This distinction is important because no person with nationality of origin may be deprived of nationality, while certain high level official positions (including the presidency) are restricted to those who have nationality of origin.247 The 2021 Code does not provide for automatic attribution of nationality to any person at birth by operation of law, instead requiring every individual to apply for nationality. 248 Those eligible to apply for nationality “of origin” are those who are of ”Rwandan origin”, defined ”as a relationship linking a person to Rwanda as a result of having one parent of Rwandan origin”, such that at least one parent “is a Rwandan not through acquisition but by virtue of Rwandan ancestry.249 The child of a person who has nationality “by acquisition” acquires nationality at birth, but also holds the status of nationality by acquisition.250 The ministerial order implementing the law states that a person applying for nationality of origin must submit: 1) proof that the person was born to a Rwandan parent who is a Rwandan national not through acquisition but by virtue of Rwandan ancestry; 242 Presidential Order No. 21/01 of 27 May 2009, art. 18: “Originating in Rwanda shall be proven by the parents of the concerned person through his/her genealogy, their former residence or through testimonies of persons who knew him/her very well. The Rwandan origin may also be proven by the degree of his/her integration in the Rwandan culture. However, these conditions may be ignored if there are other elements proving his/her Rwandan origin. ” 243 Law No. 30 of 2008, arts. 6 & 7. 244 Dusabe, ‘Report on Citizenship Law: Rwanda’. 245 Law No.30 of 2008, arts. 8 & 9. 246 In the usual civil law terminology in francophone states nationalité d’origine means nationality attributed by operation of law, usually at birth; distinguished from nationality that is acquired based on an application. It do es not have any connotation of ethnic origin. 247 Rwanda Constitution 2003, revised 2015, arts. 25, 66, 99, & 153. 248 Chapter II of Law No. 002/2021.OL, ‘Applying for and granting Rwandan Nationality’, includes the provisions on both nationality of origin and by acquisition. 249 Law No. 002/2021.OL, arts. 1(2), 5 & 6. 250 Article 20 of Law No. 002/2021.OL: “A child meeting the following requirements becomes automatically Rwandan like his or her parents: 1º having born to a parent having been granted Rwandan nationality by acquisition, or having been adopted by a parent having been granted Rwandan nationality by acquisition; 2º be under age of majority.” The apparent implication is that the child of a parent who is a national “by acquisition” is attributed nationality automatically at birth, which would then be the only category of person to acquire nationality at birth by operation of law, without an application. 69