Report on Citizenship Law: Rwanda
competent authority still reserves a margin of discretion in granting nationality based on
marriage.57 In the law, nationality through marriage is thus a privilege that comes with
responsibility rather than a right that one acquires after a given period of time.
Finally, marriage alone, even when fulfilling the time requirement, cannot guarantee
the acquisition of Rwandan nationality if it has not been registered in a Rwandan registry of
civil status. A marriage contracted in Rwanda is immediately registered with no additional
requirements. However, a marriage contracted outside Rwanda must undergo the registration
process,58 not just for record-keeping but to ensure that it meets Rwandan legal requirements,
as arrangements (including marriages) contracted out of Rwanda cannot have any effect in
Rwanda when they are contrary to public order, social interest or public morals.59
c. Acquisition through adoption
A non-Rwandan child who is formally adopted by a Rwandan automatically becomes
Rwandan.60 No more procedures are required except those related to adoption itself.
Nationality by adoption is a means by which the government implements its constitutional
duties, namely the constitutional duty to family protection, the promotion of the child’s right
to a nationality under international law61 and the upholding of the best interests of the child.62
d. Acquisition through naturalisation
A non-Rwandan of adult age may apply to become Rwandan provided he or she meets the
conditions prescribed in Articles 13-15 of the 2008 law. Whereas a majority of the requirements
are related to character and personality, applicants are also subject to time requirements and
financial requirements. In terms of procedure, naturalisation is subjected to higher levels of
approval as the last say lies with the cabinet. This makes the 2008 law less procedural when
compared to the 1963 law63 but also more bureaucratic when compared to the law of 2004.64
Regarding time requirements, the applicant must be of majority age and must have
legally resided in Rwanda for at least five years prior to lodging the application. Rwandan
nationality law is not clear on the type of residence required for the purpose of nationality
acquisition. If residence is restricted to residence provided for in immigration laws, vulnerable
groups such as refugees, stateless persons and other undocumented persons do not fit into this
See Article 11 of the Law of 2008. The use of ‘may’ rather than ‘shall’ in this provision substantiates that the
granting of nationality based on marriage is discretionary and not an entitlement.
58
See Article 11 of the 2008 Nationality Law.
59
See Articles 5 and 166 of the law on persons and the family.
60
See Article 12 of the 2008 Nationality Law. See also Article 22 of the Presidential Order on Rwandan
Nationality.
61
See Article 7 of the Convention on the Rights of the Child. See also Article 6 of the African Charter on the
Rights and Welfare of the Child.
62
See Articles 9, 18 and 21 of the United Nations Convention on the Rights of the Child.
63
In the laws of 1963 and 2008, applications for naturalisation are approved by the President (i.e explicitly in the
law of 1963 and implicitly in the law of 2008 as the President chairs the approving organ, the cabinet). A slight
difference is that in the law of 2008 the President does not seek parliamentary approval as in the law of 1963.
64
The law of 2008 is more bureaucratic as compared to the one of 2004, as it skyrockets the decision-making to
the cabinet. In the law of 2004, the Ministry of civil registry was the approving organ of last resort.
57
RSCAS/GLOBALCIT-CR 2020/10 - © 2020 Author(s)
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