STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY
Burundi
Adopt legislation that retroactively clarifies the citizenship status of those who were resident in
Burundi at independence, and their descendants, and allows those still resident in Burundi today to
acquire nationality.
Amend the nationality law to remove gender discrimination in transmission of nationality to children
and spouses.
Clarify the meaning of “legally unknown” in the nationality code, to facilitate effective protection
against statelessness for children of unknown parents.
Facilitate access to nationality for persons of Omani or Swahili origin, including via redoubled
sensitisation of this population and a clear, written procedure.
Facilitate access to birth registration and birth certificates upon return for the children born abroad
of Burundian refugee parents, whose births were not registered or whose foreign registration needs
transcription into the Burundian civil registration system for it to be recognised.
Kenya
Conduct education and outreach campaigns, including to the communities mentioned in this report,
to ensure that those who are eligible to register as citizens under the extended time limit for
registration of stateless persons and migrants provided for by the 2011 Citizenship and Immigration
Act are able to do so.
Consider making the temporary registration period indefinite, and establishing a date before which
a person’s ancestors must have been present in Kenya closer to the present than 1963.
Implement court orders relating to issues of identification, and extend the effect of the orders to
persons in a similar class to the plaintiffs in each case rather than requiring each individual to sue.
Consider and implement the recommendations by the Ethics and Anti-Corruption Commission; the
Kenya National Commission on Human Rights; the Truth, Justice and Reconciliation Commission; the
Commission on Administrative Justice, and the decisions on complaints brought against Kenya before
the African Committee of Experts on the Rights and Welfare of the Child and the African Commission
on Human and Peoples’ Rights, with progress or reasons why recommendations are not to be
implemented reported to Parliament.
Specifically, adopt legal reforms to provide provide protection against statelessness for children born
in Kenya who cannot acquire the nationality of one of their parents, as recommended by the African
Committee of Experts in the Kenyan Nubian Children case.
Accelerate the process of adoption, following broad consultation, of the proposed new legislation to
replace the Births and Deaths Registration Act and the Registration of Persons Act.
Rwanda
Take steps to reassess on an individual basis the status of asylum seekers and refugees from DRC
living in refugee camps or elsewhere in Rwanda, in order to recognise Rwandan nationality if a person
may have a claim to recognition (especially based on birth in Rwanda) and wishes to assert that right,
to grant naturalisation if a person is eligible and wishes to naturalise, or to confirm protection as
Congolese refugees.
Provide a statelessness safeguard within Article 21 of the nationality law to ensure that children and
spouses of individuals deprived of fraudulently acquired nationality are not exposed to statelessness
by subsidiary loss of Rwandan nationality.
South Sudan
90
Review the constitutional and legislative provisions basing access to citizenship on ethnicity, to
provide access to citizenship to those who are not recognised as being members of an “indigenous
ethnic community”, for example because they are members of cross-border communities, but with
UNHCR / September 2018
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