STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY Act.97 In January 2018, a Civil Registry Bill was adopted by parliament which would create specific statutory authority for a national identity card, linked to the civil registration system; however it had not yet entered into force at the time of publication.98 The administration of Kenya’s Registration of Persons Act has been subject to extensive criticism from its own constitutional oversight bodies and national courts, as well as human rights groups and treaty monitoring bodies (see box pp. 32–33). In Burundi, there were also allegations of politicisation of the issue of national identity cards in advance of both the 2010 and 2015 elections.99 It is early to identify patterns in the issue of national identity cards in Tanzania and Uganda, where they are being issued for the first time; however, there are initial reports that do raise concerns. In both countries there are many tens of thousands of residents whose nationality is not clear. Their files are being referred to the Department of Immigration for adjudication, but there is no independent oversight of this process, and limited rights of appeal against a decision that a person is not a citizen (none at all in the case of Tanzania, where the legislation excludes court review). In Uganda, there are allegations of discrimination on the grounds of ethnicity against internal migrants as well as people perceived to be foreign. This was the case, for example in Buliisa in Western Uganda, in the zone where oil exploitation has begun, where the “indigenous” population has concerns over in-migration and control of local institutions. There have also been more general issues around lack of interpretation for local languages, meaning that older or illiterate people were not assisted to apply for their cards, or were issued cards with misspellings; there were even some cards issued with incorrect photographs. In some cases, people were charged for the application, which was supposed to be a free process.100 It is important that these problems are cleared up as the identification process becomes more routine. In Tanzania, the record of management of the system of identification in Zanzibar, important for rules of property ownership and voter registration on the islands, raises concerns that should be systematically addressed as identification becomes a national obligation. The Zanzibari Act of 1985 establishes rules on who is defined as a Zanzibari or can acquire that status. Since 2005, every Zanzibari who is resident in Zanzibar has been required to obtain a Zanzibar identity card (ZanID) on reaching majority.101 A ZanID is required to vote in Zanzibar, and there is extensive reporting that people known to be affiliated with the opposition Civic United Front (CUF) have been denied ID cards.102 Some Ugandans and mainland Tanzanians are for the first time finding themselves excluded from access to government and private services because they have not been able to enrol for the new cards: this includes not only people whose eligibility for citizenship may be doubtful, but also those for whom there is no doubt, but who either missed registration or who were rejected for some impermissible reason (such as lack of knowledge of date or place of birth) or whose card was issued with mistaken details. 97 “South Sudan launches passports and national ID cards”, Sudan Tribune, 5 January 2012. It appears that this document was issued under authority of section 9 of the South Sudan Nationality Act 2011 providing for a “certificate of nationality”, according to procedures elaborated in Chapter 6 of the Nationality Regulations 2011. The Regulations also refer to the inclusion of “National identity cards and any other appropriate documentation” as among the “exclusive legislative and executive powers of the national government” listed in Schedule A of the transitional constitution. 98 Civil Registry Bill 2018; not yet entered into force when this report was finalised. 99 See for example, Eva Palmans “Burundi’s 2010 Elections: Democracy and Peace at Risk?” European Centre for Electoral Support and African Research and Resource Forum, 2012. 100 Interviews, Hoima and Masindi, 4 and 5 August 2016; Focus group at the offices of SIHA, Kampala, 8 August 2016. 101 Zanzibari Act No. 5 of 1985; Registration of Zanzibari Residents Act No. 7 of 2005. Both laws were adopted by the government of Zanzibar. 102 See election monitoring reports from the Tanzania Election Monitoring Committee; also Mohammed Bakari and Alexander Makulilo “Beyond polarity in Zanzibar? The ‘silent’ referendum and the government of national unity”, Journal of Contemporary African Studies, Vol. 30, No. 2, (2012), pp. 195-218; Ben Rawlence, “Briefing: The Zanzibar Election” African Affairs, Vol. 104, No. 416 (July 2005), pp. 515-523. 30 UNHCR / September 2018