Report on Citizenship Law: Rwanda
At the regional level, Rwanda is a party to the African Charter on Human and Peoples’ Rights
(ACHPR), its protocol on the Rights of Women in Africa and the African Charter on the Rights
and Welfare of the Child (ACERWC).43 Rwanda is actively participating in negotiating on the
protocol to the African Charter on Human and People’s Rights on the right to a nationality and
the eradication of statelessness in Africa, which is currently in the final stages.
3.2.
Modes of acquisition of Rwandan nationality
3.2.1. Attribution
a. Attribution at birth based on parental descent
A person born to a Rwandan parent is attributed Rwandan nationality at birth.44 Both the mother
and the father qualify to transmit their nationality status to the child.
b. Attribution at birth to children of unknown parents or found in the Rwandan
territory.
As in the law of 2004, the 2008 Rwandan nationality law attributes Rwandan nationality to a
child of unknown parents who is born in Rwanda. In addition, as in 2004 and 1963, a new-born
baby found in the Rwandan territory is considered to have been born in Rwanda, and by
implication attributed Rwandan nationality45 unless his or her nationality is proven otherwise.46
International best standards recommend the use of the term ‘foundling,’ which by definition
covers all minors unable to effectively provide information pertaining to the identification and
whereabouts of their parents for the purposes of identifying their nationality.47
c. Attribution at birth to children of stateless persons or those who cannot acquire
nationality from either of their parents.
Rwandan nationality law attributes Rwandan nationality to a child born from stateless parents
or who, due to the provisions in the nationality law of the country of origin of the parents, is
unable to acquire the nationality of either of his or her parents.48
Rwanda is a party to the 1961 CRS and the ACRWC, both of which require state parties
to grant nationality to a child born on its territory if he/she cannot be granted another nationality
at birth.49 Rwanda considers the attribution of nationality to children born from stateless parents
the most effective way to cut the intergenerational chain of statelessness.
43
Rwanda acceded to the ACHPR on 15 July 1983 and to the ACRWC on 11 May 2001.
See Article 6 of the Nationality Law of 2008.
45
See Article 6(2) of the Nationality Law of 2008.
46
Article 9 of the 2008 Nationality Law.
47
See UNHCR (2018: 13).
48
See Article 9 of the 2008 Nationality Law.
49
See Article 1 of the 1961 Convention on the Reduction of Statelessness and Article 6(4) of the African Charter
on the Rights and Welfare of the Child.
44
RSCAS/GLOBALCIT-CR 2020/10 - © 2020 Author(s)
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