Discrimination against Women and the Second Optional Protocol to the
International Covenant on Civil and Political Rights (Ukraine).9
III. Exert further efforts to ensure that all children born in the national
territory are registered (Sudan).
IV. Adopt measures to reduce the number of children without birth
registration (Angola).
Uganda noted the first two recommendations and accepted the third and fourth
recommendations.
National Law
11. Uganda does not have a dedicated statelessness determination procedure in place. The
absence of such a procedure makes it difficult to identify groups (at risk) of statelessness,
collect substantive quantitative data on statelessness in Uganda. Identifying stateless
people in the country is the first step to providing them adequate protection and rights in
line with international law.
12. Further, no safeguards exist in national law to prevent statelessness or adequately protect
stateless persons.10 Uganda’s nationality laws have faced significant transformation since
independence. The amendment of the independence Constitution in 1967 saw the
removal of nationality acquisition based on a jus soli provision and the introduction of
ethnicity-based citizenship, which was later partially restored in the 1995 Constitution,
particularly for indigenous communities.11 The 1995 Constitution, as amended in 2005, is
the current legal framework that regulates citizenship matters in Uganda. Nationality
acquisition relies on a descent-based system, which limits the automatic transmission of
citizenship by birth to: 12
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-
‘Every person born in Uganda [and] one of whose parents or grandparents is
or was a member of any of the indigenous communities existing and residing
within the borders of Uganda as at the first day of February 1926, and set out
in the Third Schedule to this Constitution’; and
‘Every person born in or outside Uganda [and] one of whose parents or
grandparents was at the time of birth of that person a citizen of Uganda by
birth’.
13. According to the Constitution, foundlings acquire Ugandan citizenship by birth. A child,
five years of age or younger, found in Uganda with unknown parents, is presumed to be
a citizen of Uganda by birth.
14. The growth of the Ugandan diaspora post-independence has led to growing communities
of Ugandans living abroad, and resulted in increasing tolerance of dual nationality. Article
12(b) of the Uganda Citizenship and Immigration Control Act (UCICA) provides that
citizenship is automatically conferred to persons born outside Uganda if their parents or
grandparents were at the time of the birth of that person a citizen of Uganda by birth.13
A/HRC/34/10, recommendation 117.51.
Bronwen Manby, Statelessness and Citizenship in the East African Community, UNHCR, (September 2018), available at:
https://data2.unhcr.org/en/documents/download/66807.
11 1995 Constitution of the Republic of Uganda.
12 1995 Constitution of the Republic of Uganda Article 10.
13 Uganda Citizenship and Immigration Control Act, Article 12(b).
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