STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY
long-term connections to South Sudan and no other state where they hold proof of citizenship.
Reforms should address both the substantive provisions of the law and the procedural requirements
to obtain identification documents.
Review the law to ensure that citizenship is not attributed to those born and resident outside South
Sudan who do not wish for it, for example by providing instead for automatic attribution of
citizenship only to those qualified who establish their residence in South Sudan, to avoid exposing
individuals holding Sudanese or another nationality to involuntary loss of that nationality.
Tanzania
Ensure that the constitutional review process, if it is revived, or a review of the citizenship legislation,
addresses concerns raised in this report in relation to access to citizenship, including providing clarity
on the basis of the law, while preserving the existing rights of those born before any amendments
are adopted.
Specifically, and in line with Tanzania’s commitments under the African Charter on the Rights and
Welfare of the Child:
o Adopt a provision that a child found in Tanzania of unknown parents is presumed to be a
citizen.
o Adopt a provision to protect children born in Tanzania against statelessness if they cannot
acquire the nationality of either of their parents.
Remove gender discrimination in relation to acquisition of citizenship on the basis of marriage to a
citizen.
Amend the Citizenship Act to provide for access to the courts and other due process protections in
relation to determination of citizenship, including access to identity documents, as ordered by the
judgment of the African Court on Human and Peoples’ Rights in the case of Anudo Ochieng Anudo vs
Republic of Tanzania.
Publish any official guidance that is applied by officials responsible for decisions on eligibility for
citizenship, on interpretation of the provisions of the Citizenship Act on citizenship by birth and the
evidentiary requirements in use.
Use the roll-out of the new national identity card to identify and facilitate access to nationality for
long-term migrants and their descendants, especially those entitled to register at independence and
those promised citizenship in the past whose formal paperwork was never completed.
Further extend the possibility of naturalisation for long-term refugees so that it remains available on
an ongoing basis for those who fulfil the normal criteria for naturalisation, including self-settled
refugees.
Provide for the minor children of those who naturalise to be included within the same application
for citizenship, and a non-discretionary, rapid and low-cost procedure for acquisition of citizenship
by adopted children.
Reduce the fees for naturalisation generally.
Uganda
Review the constitutional provisions on citizenship to ensure that they comply with international and
African standards related to non-discrimination and provide for access to citizenship at birth to the
children of those who are not members of named ethnic groups but have other forms of long-term
connection to Uganda.
Amend the law to permit automatic transmission of citizenship to the child of registered or
naturalised citizens born after the parent acquired citizenship, and to allow those born before the
parent naturalised to acquire citizenship as part of the same application.
Identify and facilitate access to nationality for long-term migrants and their descendants, especially
those entitled to register at independence and those promised citizenship in the past whose formal
paperwork was never completed.
Address the situation of those individuals and groups whose citizenship is questioned during the
registration process for the new national identity card, such as the Maragoli, by adopting legal
UNHCR / September 2018
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