Francis Dusabe
prove that the person holding the above documents is not Rwandan.91 Putting the burden of
proof on the competent authority is a safeguard against arbitrariness. However, it undercuts the
ability of the competent authority to act swiftly against people who have fraudulently acquired
these documents.
3.7. Institutions involved in the naturalisation process
As a means of integrating foreigners into Rwandan society, naturalisation requires
participation by relevant government institutions from the executive to the judiciary, with each
playing its specific role. During the application stage, the DGIE is responsible for receiving
and processing applications for Rwandan nationality. On receipt of the application, it
undertakes rigorous screening to determine suitability. The findings are submitted in the form
of a proposal to the cabinet,92 which in turn also conducts further assessments and
consultations as it may find necessary. At the granting stage, the citizenship certificate is
granted by the Director General,93 while the local government administers the taking of the
oath and the integration of the newly naturalised person into the community. A notice of
naturalised persons is published in the official gazette of the Republic of Rwanda.94
4. New Developments, Reforms and Current Debates on Rwandan
Nationality
4.1 Addressing the question of ‘origin’ under Rwandan law
The notion of ‘nationality of origin’ is well documented in the Constitution, in nationality laws
and in electoral laws. This notion is central in the law on belonging in Rwanda as it provides a
layer of preferential treatment to its holders compared to other nationals by acquisition. The
law grants nationals by origin the exclusive privilege of eligibility to hold the top offices in
Rwanda, namely the Presidency of the Republic and the Presidency of the Judiciary.95
For foreigners who originate in Rwanda, Rwandan origin allows easy recovery of
Rwandan nationality as it grants them a strong sense of entitlement, regardless of the time
elapsed or other nationalities held. However, enforcement of it is problematic as the law offers
little to no clarity on (a) what constitutes origin in Rwanda, (b) who has origin in Rwanda and
(c) the time base for establishing origin in Rwanda.
91
See Article 25 of the 2008 Nationality Law.
The cabinet is the highest executive forum of government. It is chaired by the President of the Republic and
composed of the Prime Minister, Ministers, State Ministers and other members determined by the
President of the Republic where necessary.
93
See Article 26 para. 2 of the 2008 Nationality Law.
94
See Articles 35 and 36 of the 2008 Nationality Law. The local leaders concerned are the mayors of the district
where the person resides in Rwanda, or the representative of the Rwandan embassy or high commission of the
applicant’s country of residence, in the case that he/she is not present in the country.
95
Article 99 and Article 153 of the Constitution of the Republic of Rwanda (Version 2015) reserves the positions
of President of the Republic and President of the Supreme Court to holders of Rwandan nationality by origin.
92
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RSCAS/GLOBALCIT-CR 2020/10- © 2020 Author(s)