Francis Dusabe
The conditions of acquisition, retention, enjoyment and deprivation of Rwandan
nationality are determined by an organic law.
On the basis of this constitution, a new law on Rwandan nationality was adopted in
2004 to enshrine in law the content of administrative directives which had been in place since
the coming into power of the broad-based Government of National Unity. In this law:
i.
Men and women were provided with equal rights to transfer their Rwandan
nationality to their children. Therefore, a child one of whose parents was a
Rwandan was attributed Rwandan nationality regardless of whether his or her
birth was in or outside a registered marriage.25
ii.
Gender equality in nationality matters was furthered by allowing women to
confer eligibility for Rwandan nationality on their foreign spouses.26 In the
nationality code of 1963 this option was only open to men.
iii.
Dual nationality was reaffirmed in accordance with the Constitution.27 To put
this into effect, those who had lost their Rwandan nationality by reason of
acquisition of foreign nationalities automatically reacquired Rwandan
nationality on returning to settle in Rwanda.28
iv.
A child born in Rwanda of unknown or stateless parents, or who was unable to
acquire nationality from a parent, was considered Rwandan. New-born children
found in the territory of the Republic of Rwanda were presumed to have been
born in Rwanda.29 Protection against statelessness was thus extended from
abandoned new-born infants to children born in Rwanda who could not acquire
the nationality of a parent.
v.
Nationality based on birth in Rwanda was introduced: a child born in Rwanda
to foreign parents was given the right to acquire Rwandan nationality on
reaching adulthood on application.30
vi.
An adopted minor automatically became Rwandan through the act of
adoption,31 while an adult or emancipated person adopted by a Rwandan could
only become Rwandan on application and after fulfilling requirements
including demonstrating the desire to become Rwandan and having residency
of at least 5 years.32
vii.
The application procedure for naturalisation was simplified, as the granting
authority was shifted from the President of the Republic to the Minister of
Justice.33 Likewise, the parliamentary process for approving decisions of the
President to grant nationality was removed.34 The procedure was simplified in
terms of the institutions involved. In addition, residency requirements were
further relaxed from 10 years to 5 years, and for those with a national interest
from 5 to 2 years. Finally, competence in nationality matters shifted from the
25
Article 4 of the Nationality Law of 2004.
See Article 9 of the Nationality Law of 2004.
27
Article 2 of the Nationality Law of 2004.
28
Article 26 of the Nationality Law of 2004.
29
Article 6 of the Nationality Law 2004.
30
Article 7 of the Nationality Law of 2004.
31
Article 11 of the Nationality Law of 2004.
32
Article 13 of the Nationality Law of 2004.
33
Article 14 of the Nationality Law of 2004.
34
See Article 14(4) of the Nationality Code of 1963.
26
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RSCAS/GLOBALCIT-CR 2020/10- © 2020 Author(s)