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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