REFUGEES FROM GENERATION TO GENERATION UNHCR, APRIL 2023 The grant of Rwandan nationality on grounds of adoption is subject to the condition that the adoptee is not a threat to national security. 265 The family code provides for a distinction between “full” and “simple” adoption. A “simple adoption” which is either with the consent of the parents, or, if the parents cannot consent (because they are missing or dead), consent may be given by a Family Council or by a person vested with the child’s custody. However, in case of simple adoption, a child continues to belong to his/her family of origin, and thus would not acquire rights to nationality. 266 Any applicant for Rwandan nationality by acquisition pays a fee of ten thousand Rwand an francs (approximately US$10). In addition, there is a “processing fee” of 100,000 RWF (approximately US$100), which is waived in case of acquisition on the grounds that the person is a foundling or stateless. 267 Between 2009 (when the presidential order was adopted providing modalities for implementing the 2008 nationality code) and 2020, 935 people were granted Rwandan nationality. 268 Refugees are in principle eligible for naturalisation; and although statistics are not in possession of UNHCR, UNHCR is aware that there are cases of refugees who have applied for nationality and who have been naturalized. Dual nationality Dual nationality has been allowed under the law in most circumstances in Rwanda since 2003. The constitution (as amended 2015) provides that dual nationality is permitted. 269 The 2021 nationality law does not provide for nationality to be lost on acquisition of another, nor require renunciation of another nationality in order to naturalise. However, a person with dual nationality must declare that status within three months of acquiring another nationality. 270 There is no provision specifically relating to those born with two nationalities. Access to Congolese nationality Congolese nationality is attributed at birth based on a person's membership of one of the “ethnic groups of which the people and the territory constituted what became Congo (currently the Democratic Republic of Congo) at independence”. 271 In addition, the Congolese nationality code provides for nationality to be attributed at birth if either the mother or the father is Congolese at the time of the child’s birth. 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. 272 The Congolese status of the Banyarwanda – their status as one of the ethnic groups of which the people and the territory constituted what became DRC -- has been contested since independence of the two countries from Belgium. Even those who have never left DRC face difficulties. There is no doubt that it would be very difficult for any member of the Banyarwanda Congolese refugee population in Rwanda to establish Congolese nationality should they ever return to Congo. The only exception might be for a person who could prove that one parent was Congolese – that is, the parent held a passport or other document that provided evidence that would be accepted by the Congolese authorities as proof of Congolese nationality. In addition, the child’s birth would have to have been registered (to prove descent from that parent), and the birth registration in the country of birth 265 Law No. 002/2021.OL, art. 12. 266 Law nº32/2016 of 28/08/2016 governing Persons and Family, as amended 2020, Chapter IV, Adoption, arts. 289291. 267 Ministerial Order N° 007/01, arts. 31 & 32. 268 “Over 900 Got Rwandan Nationality Since 2009”, The New Times (Kigali), 5 October 2020. 269 Rwanda Constitution 2003, revised 2015, art. 25. 270 Law N° 002/2021.OL, art. 46; Ministerial Order N° 007/01, arts. 36. 271 Constitution of the Democratic Republic of Congo, 2006, Article 10 ; Nationality code, art. 6. 272 DRC Nationality code, art. 7. 72