REFUGEES FROM GENERATION TO GENERATION UNHCR, APRIL 2023 others stating that nationality is attributed at birth if either the mother or the father is Congolese at the time of the child’s birth (whatever the means by which the parent acquired nationality); in this case, however, the parentage of the child has no effect on nationality unless it is established during the child’s minority in accordance with Congolese law – that is, in accordance with the full requirements of the family code in relation to civil registration. These requirements are already very difficult to fulfil for many Congolese born and resident in DRC, and next to impossible for those born in another country as refugees, leaving the those affected stateless once they become adults. The Rwandan constitution of 2003, as amended 2015, provides that “All persons of Rwandan origin and their descendants are, upon request, entitled to Rwandan nationality.”61 This article has been the foundation for provisions in the 2004, 2008, and 2021 nationality laws enabling automatic or facilitated acquisition of Rwandan nationality for people of Rwandan origin returning to Rwanda. The 2021 Rwandan nationality law has somewhat altered the framework, establishing a general distinction between “nationality of origin” and “nationality by acquisition”, rather than providing for facilitated acquisition of nationality for those of Rwandan origin. Those eligible for nationality “of origin” are those who have at least one parent “who is a Rwandan not through acquisition but by virtue of Rwandan ancestry”, supported by corroborating testimony and evidence. 62 There is, however, some ambiguity about this definition and the meaning of “Rwandan ancestry”. 63 The law states that the child of a naturalised parent acquires automatically nationality at birth; however, the child inherits the status of nationality “by acquisition” rather than “of origin”, with implications for political rights and for the possibility of deprivation of nationality, and for its recovery.64 In all other cases, the 2021 nationality law requires every person to apply for nationality, even if one or both parents are citizens, rather than providing for attribution by operation of law at birth to the child of a Rwandan parent.65 The intention of the application procedure appears to be procedural rather than legal, and the ministerial order implementing the law places the application obligation mainly on those born outside the country who are not recorded within the Rwandan civil registry.66 Despite positive reforms in the 2021 law, there are therefore concerns about the ambiguity of these provisions. It is too soon to evaluate the interpretation and impact of this framework in practice. In some contexts, facilitated acquisition of nationality on the basis of ethnic identity or national origin can operate to reduce statelessness, by reducing the requirements to produce birth certificates and other documentary proof of entitlement to citizenship. However, an absolute restriction of entitlement to nationality at birth based on such criteria (as is the case in Uganda) is not permissible in international law. In general, grounds for attribution of nationality at birth or acquisition later in life that discriminate on ethnicity, national origin, or similar grounds should be subject to strict scrutiny in relation to their d’acquisition individuelle. Est Congolais d’origine, toute personne appartenant aux groupes ethniques dont les personnes et le territoire constituaient ce qui est devenu le Congo (présentement la République Démocratique du Congo) à l’indépendance.” 61 Rwanda Constitution 2003, revised 2015, art. 25. The original version of the article also included the provision that “Rwandans or their descendants who were deprived of their nationality between 1st November 1959 and 31 December 1994 by reason of acquisition of foreign nationalities automatically reacquire Rwandan nationality if they return to settle in Rwanda.” See discussion in Frank Dusabe, ‘Report on Citizenship Law: Rwanda’ (Fiesole: GlobalCit, European University Institute, 2020), https://cadmus.eui.eu/handle/1814/66908. 62 Law No. 002/2021.OL, arts. 2(7), 5, 6 & 7; see also Ministerial Order N° 007/01 of 23/03/2022. 63 For comments from the Rwandan authorities on the analysis of these provisions, see Annex 4, heading on Rwanda, subheading on access to Rwandan nationality. 64 Law No. 002/2021.OL, art. 20. 65 Law No. 002/2021.OL, Chapter II ‘Applying for and granting Rwandan Nationality’. 66 Ministerial Order N° 007/01, art.3(2). 18