STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY
applicant not to be a ”burden” on the country in question, are generally in violation of the UN Convention
on the Rights of Persons with Disabilities.
Some countries also place restrictions on the role of dual or naturalised citizens in public life (see the
second to last column in Table 5: ). Nationality laws in Burundi and Kenya impose a waiting period of 10
years before naturalised citizens can hold a range of offices. Constitutional prohibitions on naturalised
citizens holding the presidency exist in all six countries. In Rwanda, a requirement that at least one parent
of the President must also have nationality of origin was removed in 2015 amendments to the
constitution; at the same time, requirements for nationality of origin were introduced for the President
of the Senate, Speaker of the Chamber of Deputies and President of the Supreme Court.
Naturalisation of refugees
In the language of UNHCR, there are three “durable solutions” to the situation of individuals who have
crossed an international border seeking refuge from persecution or from civil war: voluntary repatriation,
local integration in the country of first asylum, or resettlement in a third country. Although voluntary
repatriation to their home country has generally been viewed by national and international agencies as
the best outcome for refugees, the reality is that for many refugees, repatriation may not be possible
because of continued insecurity in their home countries. Resettlement in a third country is only ever
going to be possible for a small minority of those affected.
The 1951 UN Convention Relating to the Status of Refugees provides that states parties “shall as far as
possible facilitate the assimilation and naturalisation of refugees,” by such measures as expediting
proceedings and reducing the costs of naturalisation (Article 34). The 1969 OAU Convention Governing
the Specific Aspects of Refugee Problems in Africa does not include a similar provision on naturalisation,
though its requirement (Article II.1) that countries of asylum should use their best endeavours to “secure
the settlement” of refugees who are unable to return home could be interpreted in the same way. Both
conventions require countries of asylum to issue travel documents to refugees. All EAC countries are
parties to the African Refugee Convention, and all but South Sudan are parties to the UN Refugee
Convention (its accession was imminent at the time of publication).
There are many tens of thousands of people living in EAC countries in protracted refugee situations—
defined by UNHCR to mean those who have been in their country of asylum for more than five years39—
without immediate prospects for implementation of durable solutions. In practice, although there are
exceptions, such as Tanzania’s offer to naturalise long-term Burundian refugees (see box pp. 66–67),
there is often no possibility of converting refugee status into a more permanent legal status, whether that
of permanent residence or nationality.
Uganda’s 1995 constitution excludes refugees from the easier process of registration as a citizen
otherwise open to those resident in the country since before independence; it also limits applications for
non-discretionary citizenship by registration based on ten years’ residence to those who “legally and
voluntarily” migrated to Uganda after that date. The constitution delegates the establishment of rules on
discretionary naturalisation based on long term residence to legislation.40 The Refugee Act of 2006 states
that the normal law applies to the naturalisation of a refugee, a change from the 1960 Control of Alien
Refugees Act which had excluded any period spent in Uganda as a refugee from counting as residence for
the purposes of naturalisation.41 Nevertheless, some remaining ambiguities have led Ugandan officials to
interpret the law to mean that refugees may not naturalise. Indeed in 2011, the forms and procedures in
39
Protracted Refugee Situations, Executive Committee of the High Commissioner’s Programme, EC/54/SC/CRP.14, 10 June
2004; Conclusion on Protracted Refugee Situations, No. 109 (LXI) – 2009, UNHCR ExCom Conclusions, 8 December 2009.
40
Uganda Constitution 1995, Article 12(1), 12(2)(b) and 13.
41
Control of Alien Refugees Act 1960, Article 18; Refugee Act, 2006 Article 45.
UNHCR / September 2018
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