STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY Naturalisation based on long-term residence All the EAC countries permit, in principle, the acquisition of nationality by decision of the public authority, on application by a person who is a long-term resident of the country and has fulfilled other conditions. The period of residence required varies from five years in Rwanda (the most common period in other African countries) to 20 years in Uganda (ten years for spouses and some others); however, the other conditions applied may be more significant than the length of residence. In the Commonwealth countries there was initially a distinction between acquisition of citizenship by registration, which a person fulfilling the conditions could acquire as a matter of right on application, and acquisition by naturalisation, which was at the discretion of the authorities. This distinction still exists in Uganda, where the constitution provides that there are four categories of person who shall be registered on application: those born in Uganda and resident since 1962, provided the parents were neither refugees nor diplomats; spouses of citizens; those who have “legally and voluntarily migrated to Uganda” and who have been living in Uganda for at least 10 years (or “such other period prescribed by Parliament”: between 1999 and 2009 the law provided for 20 years, then reduced the period again to 10 years); and “every person who, on the commencement of this Constitution, has lived in Uganda for at least twenty years”.34 The constitution also empowers parliament to establish rules on naturalisation, and the Citizenship and Immigration Control Act of 1999 (amended most recently in 2009) establishes conditions to do so, based on 20 years residence and fulfilment of other conditions.35 The period of residence must be achieved while the person is an adult,36 a significant limitation for children of registered or naturalised parents (who do not acquire citizenship through that process or automatically at birth), who therefore must wait until they are at least 38 before they can even apply for Ugandan citizenship. Registrations and naturalisations in Uganda are determined by the National Citizenship and Immigration Board appointed by the President, at their discretion but on the basis of files submitted by the Department of Immigration.37 In Kenya and Tanzania this distinction between registration and naturalisation has been removed. Confusingly, any acquisition after birth is known as registration in Kenya, whatever the level of discretion. A person may apply to be registered as a citizen by the Cabinet Secretary, based on seven years’ residence and fulfilment of a range of other conditions.38 In Tanzania, meanwhile, naturalisation is the only term used in the law, even for acquisition by right by a foreign woman on marriage to a Tanzanian man; acquisition by naturalisation other than through marriage is based on eight years’ residence and fulfilment of other conditions, and is at the discretion of the Minister of Internal Affairs. In South Sudan and Burundi, naturalisation—based on ten years’ residence in each case, as well as other conditions—is at the discretion of the President. In Rwanda, an application can be made after five years’ residence, and grant is the decision of the Director-General of the government department responsible for immigration. There are usually other conditions for acquisition of nationality, including “good conduct” and a clean criminal record; knowledge of a national language; ability to make a contribution to society, and health or financial requirements (see Table 5). These leave a large margin of discretion in the process of deciding if a person fulfils the requirements. Requirements relating to health, sometimes phrased as requiring the 34 Uganda Constitution 1995, Article 12. 35 Uganda Citizenship and Immigration Control Act 1999, amended 2009, Sections 16 and 25. 36 Residence in Uganda as a dependent or student does not count towards period of residence for registration or naturalisation. Citizenship and Immigration Control Act 1999, Section 25. 37 Uganda Constitution 1995, Article 16. 38 Constitution of Kenya, 2010, Articles 15 and 18; Kenya Citizenship and Immigration Act No. 12 2011, Section 15, where the conditions include “has been a resident under the authority of a valid permit” and “has been determined, through an objective criteria, and the justification made, in writing, that he or she has made or is capable of making a substantive contribution to the progress or advancement in any area of national development within Kenya”. 16 UNHCR / September 2018