STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY born in Tanzania automatically becomes a citizen, except children of diplomats.8 A draft new constitution proposed in 2014, but shelved on change of government, would have removed the jus soli provision to replace it with an explicitly descent-based system.9 Uganda amended its independence constitution in 1967 to remove the jus soli provision; a partial version was restored by the 1995 constitution, but only for “indigenous communities”. The constitution attributes citizenship from birth to every person born in Uganda “one of whose parents or grandparents is or was a member of any of the indigenous communities existing and residing within the borders of Uganda as at the first day of February, 1926”. The third schedule to the constitution lists these groups; this list was supplemented in amendments to the constitution in 2005.10 In Kenya, the jus soli provision remained in effect until 1985, but was then removed—with retroactive effect to independence—to put in place a purely descent-based citizenship law.11 Rwanda allows a child born in the territory of non-national parents to apply for nationality at majority.12 Burundi, on the other hand, provides no rights based on birth in the territory. South Sudan’s law does not provide any rights based on birth in South Sudan for a child born there him or herself, but it does create rights for those with a parent, grandparent or great-grandparent born there.13 Children of stateless parents or who would otherwise be stateless Article 6(4) of the African Charter on the Rights and Welfare of the Child, to which all EAC states are party, requires states to provide in law for children born on their territory who would otherwise be stateless to have the right to the nationality of the state of birth. The 1961 Convention on the Reduction of Statelessness includes a similar provision, but only Rwanda is a party to this treaty, acceding in 2006. Burundi’s accession, however, is imminent, following the National Assembly’s unanimous votes to accede to both UN conventions on statelessness in September 2018. Rwanda is also the only one among the East African Community states that incorporates this provision into national law, providing that “Any child born in Rwanda from unknown or stateless parents or who cannot acquire the nationality of one of his or her parents shall be Rwandan.”14 The African Committee of Experts on the Rights and Welfare of the Child ruled against Kenya in 2011 for its failure to protect Kenyan Nubian children born in the country against statelessness. The decision noted that the reforms enacted by the 2010 constitution had not brought Kenyan law in line with the provisions of the African Charter on the Rights and Welfare of the Child.15 8 Faustine Kapama, “Statements on Mkapa’s citizenship misplaced”, Daily News (Dar es Salaam), 11 August 2002. 9 Constitutional Review Commission draft of September 2014, available at International IDEA ConstitutionNet website: http://www.constitutionnet.org/country/tanzania-country-constitutional-profile. 10 Uganda Constitution 1995, Article 10 and schedule 3, as amended by the Uganda Constitution Amendment Act, No. 11 of 2005. The third schedule uses the term “ethnic communities” and lists 65, as amended in 2005 (in the 1995 version, there were 56). 11 Constitution of Kenya Amendment Act No. 6 of 1985. 12 Organic Law No. 30/2008 of 25/07/2008 relating to Rwandan nationality, Article 8. 13 South Sudan Nationality Act 2011, Section 8 (1) “A person born before or after this Act has entered into force shall be considered a South Sudanese National by birth if such person meets any of the following requirements—(a) any Parents, grandparents or great-grandparents of such a person, on the male or female line, were born in South Sudan; or (b) such person belongs to one of the indigenous ethnic communities of South Sudan.” See also footnote 239. 14 Organic Law, 2008, Article 9. 15 Communication No. 002/2009, Institute for Human Rights and Development in Africa and Open Society Justice Initiative on behalf of Children of Nubian Descent in Kenya v. Kenya, African Committee of Experts on the Rights and Welfare of the Child, 22 March 2011 (the Kenyan Nubian children’s case). 10 UNHCR / September 2018