STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY Table 2: Right to nationality based on descent BORN IN COUNTRY In wedlock + Father (F) &/or Mother (M) is a national COUNTRY BORN ABROAD Out of wedlock + Father (F) &/or Mother (M) is a national In wedlock + Father (F) &/or Mother (M) is a national Out of wedlock + Father (F) &/or Mother (M) is a national Legal Provision Date Gender equality achieved F M F M F M F M Burundi ‼ R C* C C* R C* C C* C2005 Art12 L2000 Art2 - Kenya R R R R R R R R C2010 Art14 L2011 Secs6-7 2010 Rwanda R R R R R R R R L2008 Art6 2004 South Sudan R^ R^ R^ R^ R^ R^ R^ R^ C2011 Art45(1) L2011 Sec8(3) 2011 Tanzania a - - - - Rx1 Rx1 Rx1 Rx1 L1995 Secs5-6 1995 Uganda ~ R^ R^ R^ R^ R^ R^ R^ R^ C1995(2005) Art10 L1999(2009) Sec12 1967 n/a not available. ‼ Conflict between the law and the constitution and/or other legislation—the constitutional provisions are noted here unless they provide only general principles and the detailed rules are established by legislation. R child is citizen from birth as of right. C can claim citizenship following an administrative process (including compulsory birth registration, establishing parentage, or registration with consular authorities). * mother passes citizenship automatically only if father of unknown nationality or stateless or if father does not claim. Rx1 child born outside country is citizen as of right only if one parent both a citizen and born in country. ^ Rights to citizenship from grandparents: if born in or outside the country and one grandparent is a citizen (Uganda) or one great-grandparent was born in South Sudan (South Sudan). ~ racial, religious or ethnic discrimination in citizenship law. In Uganda, a child is not a citizen if born in the country unless the parent is citizen by birth – requiring membership of one of the indigenous communities listed in the 3rd schedule to the constitution. a In Tanzania, jus soli applies, thus the law does not explicitly provide for citizenship based on descent for those born in the territory; however, the interpretation is that a child born in Tanzania with one parent who is a citizen is also a citizen. Adopted children Children adopted from another country can be at risk of statelessness if there is no legal provision for them to acquire citizenship. This is the case in both South Sudan and Tanzania, where there are no provisions in the nationality law relating to the acquisition of citizenship by adopted children (although in Tanzania there is the possibility for naturalisation of the “minor child” of a citizen, which could be used to cover adopted children25). In Burundi, Kenya and Uganda, there is provision for acquisition on application;26 while in Rwanda acquisition of nationality is automatic, subject to completion of the legal adoption process.27 In Uganda, the law appears to create a procedural blockage to acquisition of citizenship, since the process of registration requires an oath of allegiance, which a child is not legally competent to give; regulations, however, exempt children from the oath.28 Many children adopted by another family in the region are likely not to go through the formal adoption procedures, but to be accommodated within an extended family. In most cases, this will not currently cause problems for their 25 Tanzania Citizenship Act 1995, Section 10. 26 Burundi Nationality Code 2000, Article 5; Kenya Citizenship and Immigration Act 2011, Section 14; Uganda Constitution 1995, Article 11 and Citizenship and Immigration Control Act 1999, Section 13(2). 27 Organic Law 2008, Article 12. 28 Uganda Citizenship and Immigration Control Act 1999, Section 15; Uganda Citizenship Regulations 2009, Section 4. UNHCR / September 2018 13