STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY
outside the country whose fathers became citizens in accordance with the previous provision. Those
persons born in the country whose parents were both born outside the country were entitled to
citizenship by way of registration, as were other British protected persons or citizens of the UK and
colonies ordinarily resident in the country—a category extended by legislation to people originating from
other African states in all three countries of East Africa. Others could be naturalised on a discretionary
basis, based on long residence and other conditions that equally applied to those acquiring citizenship
after the standard two-year transitional period. Provisions relating to married women made them
dependent on their husband’s status. These transitional rules remain relevant today to the determination
of who is a citizen of the three countries.
For those born after independence, the initial rule included in the constitutions for all the British
territories was for jus soli automatic attribution of citizenship to everyone born in the territory, with
limited exceptions relating to the children of diplomats and “enemy aliens”. Citizenship acts provided
additional detail on acquisition by naturalisation and on loss and deprivation of citizenship. These laws
have been replaced in all three countries, and the laws now governing citizenship in the three countries
are the 1995 Citizenship Act in Tanzania, which applies equally in the mainland and Zanzibar (with no
provisions currently in the constitution); the 2010 Constitution and 2011 Citizenship and Immigration Act
in Kenya; and the 1995 Constitution and 1999 Citizenship and Immigration Control Act in Uganda, as
amended in 2005 and 2009 respectively.
Rwanda and Burundi were both once German territories, mandated to Belgium by the League of Nations
in 1922, then becoming UN Trust Territories. There were no negotiated transitional rules on nationality
on the departure of Belgium, which simply abandoned its Central African territories with no legal
framework in place. Rwanda adopted a nationality law in 1963, within one year of independence; but
Burundi not until 1971, nine years later. Neither law provided for acquisition of nationality by those
resident in the country on the date of independence. For those born after the laws came into effect, the
basic model was a descent-based system through the father, with very limited rights for transmission of
nationality from mother to child. The current laws governing citizenship are, in Burundi, the 2005
Constitution and the revised nationality code adopted in 2000, and in Rwanda, the 2003 Constitution (as
amended most recently in 2015) and the 2008 Law relating to Rwandan Nationality.
South Sudan seceded from Sudan in 2011. During the colonial period, Sudan was governed as one of two
provinces falling under the British-Egyptian condominium imposed in 1899. Independence was hastily
granted to Sudan in 1956 without a formally negotiated rule on attribution of citizenship on transfer of
sovereignty, and the first post-independence nationality law was adopted in 1957. At the time of the
secession of South Sudan, the law in force dated from 1994, as amended in 2005 following the
Comprehensive Peace Agreement (CPA) that ultimately led to independence. The Transitional
Constitution of South Sudan that came into force after secession did not include transitional provisions
relating to nationality, but repeated the wording of the 1998 and 2005 constitutions of the Republic of
Sudan, that: “Every person born to a South Sudanese mother or father shall have an inalienable right to
enjoy South Sudanese citizenship and nationality”, and explicitly permitted dual nationality. A South
Sudanese Nationality Act was adopted in June 2011, just before the secession, and provided additional
detail. The 1994 law of Sudan had some influence on this text, but it was mainly drafted anew.
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UNHCR / September 2018