term refugees who have lived in the country for lengthy periods and had no interest in
returning to their countries of origin.39
31. In 2015, the Ministry of Internal Affairs embarked on a country wide campaign to enable
any non-citizen who ‘has legally and voluntarily migrated to and has been living in Uganda
for at least ten years’, pursuant to Article 14 of the Uganda Citizenship and Immigration
Control Act to acquire Ugandan citizenship. This provision excludes refugees from
registering as they do not meet the ‘voluntary migration’ criteria.40
32. Children of refugees are left stateless, even if they are from a community listed in the
Constitution. They do not acquire citizenship based on birth in Uganda. As UNHCR
explains: ‘although “Banyarwanda” was listed as one of the “indigenous communities” of
Uganda in the 1995 constitution (a controversial decision in the immediate aftermath of
the Rwandan genocide) on the grounds that a substantial number of Banyarwanda were
included in Uganda by colonial boundaries, children of Rwandan refugees are not
attributed Ugandan citizenship at birth. In practice, it is very difficult for officials to
distinguish between those who are descendants of Rwandan refugees and those who are
Ugandan Banyarwanda. The same is true of Acholi and Kakwa who have fled from South
Sudan, and others who are members of cross-border communities’.41
33. In October 2015, following a petition seeking the interpretation of the Constitution42
regarding the eligibility of refugees to acquire Ugandan nationality. the Constitutional
Court ruled that refugees can acquire Ugandan citizenship by naturalisation and not by
registration.43 Despite this progressive ruling, the reality demonstrates challenges
refugees face in successfully naturalising. Relevant authorities have a broad discretionary
power to determine whether to approve naturalisation applications, compared to
applications for registered citizenship. Refugees approaching the office of the
Immigration Department are turned away with the explanation that they are not eligible
to apply for naturalised citizenship.44
ISSUE III – Birth registration and children’s right to a nationality
34. Article 7 of the Convention of the Rights of the Child sets out children's right to be
registered immediately after birth, to a name, a nationality, and to know and be cared for
by their parents. It requires State Parties to fulfil these rights, especially where children
would otherwise be stateless.45 Moreover, the African Union agenda 2063, and the
African Union Charter on the Rights and Welfare of the Child all have provisions geared
towards ensuring that states remove legal impediments around birth registration and the
conferment of nationality. Regarding safeguards against statelessness, Article 6 of the
The New Humanitarian Government plans naturalization for refugees, 21 June 2012.
https://reliefweb.int/report/uganda/government-plans-naturalization-refugees.
40 Uganda Radio Network, Government Starts Naturalizing Foreign Nationals, 19 January 2015.
https://ugandaradionetwork.com/story/government-starts-naturalizing-foreign-nationals#ixzz4IuVcOXPg.
41 Bronwen Manby, Statelessness and Citizenship in the East African Community. UNHCR, (2018), available at:
https://data2.unhcr.org/en/documents/download/66807.
42 Constitution of Uganda 1995, Article 12.
43 Ihttp://citizenshiprightsafrica.org/wp-content/uploads/2015/10/Uganda-ConCt-refugee-eligibility-citizenship-2015.pdf
44 Bronwen Manby, Statelessness and Citizenship in the East African Community. UNHCR, (2018), p. 71, available at:
https://data2.unhcr.org/en/documents/download/66807.
45 1989 Convention on the Rights of the Child, Article 7.
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