Francis Dusabe
3.2.2. Acquisition
a. Acquisition based on birth in Rwanda
Rwandan nationality law provides that a child born in Rwandan from known non-Rwandan
parents with lawful residence may apply for Rwandan nationality on reaching the age of
majority. A parent is said to be known if he or she can be identified and is proved to be the
parent of the child concerned. Parenthood is determined based on rules in the family law for
children born in or out of wedlock, including a person’s own acknowledgment and whether
this is done formally,50 presumptively 51 or through discovery.52
Therefore, a child born from known parents may acquire Rwandan nationality on
satisfactorily proving to the competent authority his/her birth in Rwanda. The applicant must
prove (a) his or her birth in Rwanda, and (b) the legality of stay of his parents at the moment
of his or her birth. Evidence of fulfilment of both conditions must be provided.
Starting with the proof of birth in Rwanda, the official evidence required is the birth
certificate. Other documents such as hospital birth statements or civil registry documents
proving the child’s birth in Rwanda may also be accepted in some instances. Where the
applicant is unable to produce any of the above documents to justify his birth in Rwanda, other
factual circumstances may be considered as proof of birth in Rwanda because the standard of
proof in nationality matters has been simplified.53
In addition, the applicant must prove the lawfulness of his parents' residence at the time
of his birth. The official proof of residence in Rwanda is a residence permit. It is unlike a visa,
which proves the legality of stay in most cases for a short time for a well-determined purpose.
Unfortunately, not all foreigners residing in Rwanda possess these documents, especially those
originating from neighbouring countries and border communities. Once the above two
substantive requirements are satisfied, the applicant must be tested against the age requirement,
which is set at 18 years, the legally established age of majority.54
b. Acquisition through marriage
A non-Rwandan citizen may acquire Rwandan nationality through a lawful marriage to a
Rwandan spouse. Under Rwandan laws, only a civil monogamous marriage between a man
and a woman contracted before the relevant public official is recognised.55 A marriage
celebrated in Rwanda must be officiated by a civil status officer. A marriage celebrated outside
Rwanda is recognised if it has been contracted in accordance with the law of the country of
celebration.56 Under this provision, customary marriages contracted in accordance with foreign
laws may be recognised in Rwanda as lawful marriages.
Once the lawfulness of marriage is established, it must be tested against the time
requirement. Under Rwandan law, a marriage must be in existence for at least three years to
grant eligibility for Rwandan nationality. Even if the time requirement is fulfilled, the
50
See Article 262 of the Law on Persons and the Family [on the recognition of a child born out of wedlock].
See Article 256 of the Law on Persons and the Family [on presumption of paternity], Article 257 of the law on
persons and the family [on the presumption of maternity] and Article 258 of the Law on Persons and the Family
[on the presumption of conception during wedlock].
52
See Article 282(6) of the Law on Persons and the Family.
53
See Article 6 of the Presidential Order on Rwandan Nationality.
54
See Article 113 of the Law on Persons and the Family.
55
Article 166 of the Law on Persons and the Family.
56
See Article 17 of the Constitution of the Republic of Rwanda (2015 Version).
51
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RSCAS/GLOBALCIT-CR 2020/10- © 2020 Author(s)