STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY Nationality based on descent East Africa has followed the Africa-wide trend towards greater gender equality in nationality law. All the EAC countries, except for Burundi, provide for gender equality in transmission of nationality from parent to a child. Although the 2005 constitution of Burundi provides that both mothers and fathers have the same right to transmit nationality to their children, the nationality code of 2000 still restricts automatic attribution of nationality of origin to those born of a Burundian father, unless the child is born out of wedlock and not recognised by the father, although children born of a Burundian mother have the right to acquire nationality “by declaration”.21 A draft law to remove gender discrimination, among other aspects, has been prepared but is not yet before the Council of Ministers.22 Tanzania, reflecting a rule derived from the jus soli regime of British law, restricts the transmission of citizenship outside the country: a national from birth who is born in the country can transmit his or her nationality to a foreign-born child, but that child cannot pass his or her nationality on to a child also born outside Tanzania. The child born abroad of a Tanzanian father who was also born abroad (i.e. the child of a father who is a “citizen by descent”) has easier access to naturalisation, but the child born abroad of a mother who is a “citizen by descent”’ has no greater access than any other foreigner23 In line with the jus soli framework provided for citizenship to be attributed to those born in the country, the law does not explicitly provide for citizenship by descent in relation to the child of a citizen born in the country, although the interpretation applied by the authorities is for the child of a mother or father who is a citizen by birth to acquire citizenship wherever the child is born. Both South Sudan and Uganda provide rights to nationality that derive from a grandparent, and in the case of South Sudan, from a great-grandparent. Both, however, also create conditions for access to citizenship based on ethnicity. A person is attributed South Sudanese citizenship whether born before or after independence, and whether or not the person him or herself was born in or outside of South Sudan if the person is a member of one of the “indigenous ethnic communities of South Sudan” (unlike in Uganda, these are not listed). In addition, however, there is the possibility of acquiring citizenship from an ancestor born in South Sudan (see above), while “A person born after the commencement of this Act shall be a South Sudanese National by birth if his or her father or mother was a South Sudanese National by birth or naturalization at the time of the birth of such a person.”24 Uganda’s constitutional provisions on citizenship are highly unusual in restricting transmission of citizenship from parent to child to parents who are citizens by birth, even in the case of a child born in the country. A person is a citizen by birth whether born in or outside Uganda if one parent or grandparent was at the time of birth of that person a citizen of Uganda by birth; that is, people who acquired citizenship after birth (by registration or naturalisation) cannot transmit citizenship to their children. The effect is that transmission of citizenship from parent to child is limited to members of the “indigenous communities” of Uganda listed in the third schedule to the constitution. 21 Constitution of Burundi 2005, Article 12; Loi No. 1-013 du 18 juillet 2000 portant réforme du code de la nationalité burundaise, Articles 2, 4 and 5. Nationality of origin (nationalité d’origine) is the term used in the French and Belgian civil law system to mean nationality that a person has from birth as a matter of right, as opposed to nationality that is acquired later on the basis of an application. 22 Bureau du point focal national sur l’apatridie, "Note sur les contributions du Burundi par rapport au projet d’étude sur l’apatridie et la citoyenneté dans les six pays de la Communauté des Etats de l’Afrique de l’Est", 9 June 2018. 12 23 Tanzania Citizenship Act 1995, Section 6. 24 South Sudan Nationality Act 2011, Section 8. UNHCR / September 2018