UNHCR, APRIL 2023 REFUGEES FROM GENERATION TO GENERATION nationality by acquisition must be published in the official gazette. 254 A holder of Rwandan nationality by acquisition has the same rights and obligations as a Rwandan national by origin “unless otherwise provided for by Law”. 255 The minor child of a person who acquires nationality also acquires nationality automatically through that process. 256 The child of a person who has acquired nationality is automatically attributed nationality at birth, but also with the status of “nationality by acquisition”. This status restricts the political rights of those who are not of “Rwandan origin”. A person who was born in Rwanda of parents who were legally resident at the time of birth may apply for nationality at the age of majority, subject to conditions including good conduct, social integration, sufficient means, and not posing a threat to national security. 257 There is no stated exclusion for the children of refugees, although the provision does not appear to be accessed in practice. An applicant must submit a birth certificate and application letter, as well as proof of payment of the application fee. 258 Acquisition based on marriage requires five years of a legally registered marriage, and is subject to similar conditions.259 Acquisition of nationality based on long residence (“on grounds of being an immigrant”) is significantly restricted by comparison to the 2008 nationality code, requiring 15 years’ residence instead of five, and is subject to similar conditions as for birth and residence in Rwanda or based on marriage. 260 However, requirements to produce birth and marriage certificates are waived in case of refugees, where those events took place outside of Rwanda. In line with the general scheme of the 2021 nationality law, and by contrast to the 2008 law, 261 an application is required for a child of unknown parents found in the territory to acquire Rwandan nationality.262 An application for nationality by acquisition as a foundling requires only that the person be found in the territory of Rwanda, without any restriction relating to the age at which the person is found. The only requirements are an application letter on behalf of the child and a written summary on circumstances and place where the foundling was found. 263 An application on the grounds of statelessness requires that the person is a stateless person resident on the territory of Rwanda on the date of application and does not pose a threat to national security.264 There is no requirement that the person be born in the territory. 254 Law No. 002/2021.OL, arts.25 & 26. 255 Law No. 002/2021.OL, art.29. 256 Law No. 002/2021.OL, art.20. 257 Law No. 002/2021.OL, art. 9. 258 Ministerial Order N° 007/01 of 23/03/2022 relating to Rwandan Nationality, art. 4. 259 Law N° 002/2021.OL, art. 11; Ministerial Order N° 007/01, art. 7. Art. 11 of the previous nationality code (Organic Law No. 30/2008) had rather stated that acquisition based on marriage could not be “guaranteed” if the marriage is not registered. 260 Law N° 002/2021.OL, art. 18; Ministerial Order N° 007/01, art. 5. 261 The 2008 nationality code (Law No. 30 of 2008, art.9) stated simply that “Any child born in Rwanda from unknown or stateless parents or who cannot acquire the nationality of one of his or her parents shall be Rwandan ”, implying that Rwandan nationality was automatically attributed by operation of law. 262 Especially in the case of the presumption of nationality for foundlings and otherwise stateless children, the distinction between automatic attribution and an application can seem artificial, since in all countries the authorities will need to conduct an investigation and make a determination of the child’s status. However, the legal principle of automatic attribution is important, since it only requires the person concerned to prove the facts for acquisition of nationality to be a legal entitlement. 263 Law N° 002/2021.OL, art. 10; Ministerial Order N° 007/01, art. 8. 264 Law N° 002/2021.OL, art. 19; Ministerial Order N° 007/01, art. 9. 71