Francis Dusabe basis of analogy.77 The fact that there is no legislative guidance on how to apply this provision leaves it hanging, with few prospects of application. iii) For the acquisition of nationality to be framed as malicious, the question of preexistence must be carefully addressed to determine if the act of betrayal was committed in furtherance of an existing plan. A foreigner who has acquired Rwandan nationality deserves to be protected against bias and abuse of power by authorities interpreting his acts as pre-existing malice to get rid of him. Constitutionally, holders of Rwandan nationality by origin are protected against any form of nationality deprivation78 even when they are dual nationals. Such a protection emanates from a renewed importance placed on the concept of ‘origin,’ which was broadened as compared to the earlier interpretation found in the Belgian-modelled Rwandan nationality code of 1963 that assimilates nationality of origin to nationality by birth. The current interpretation has been broadened, as will be discussed in section 4. Moreover, the Rwandan law of 2008 prohibits nationality deprivation where such a move will cause statelessness only in respect of malicious acquisition and not fraudulent acquisition. However, the latter category comprises the majority of those who, due to their economic and social status, resort to unorthodox means simply because they are unable to fulfil the requirements in the law. It is therefore unclear how the law chose to protect potential offenders (i.e. malicious acquirers) and forgot those who pushed themselves where the law was not permitting, often not with bad intentions but just to fit into society and fully integrate. 3.4. Recovery of Rwandan nationality 3.4.1. Definition Recovery of Rwandan nationality is a process enabling those who were once Rwandan nationals to regain their nationality. Given the multitude of claims by people who are still returning to Rwanda, this provision remains widely applied and has been highly contentious since the negotiation of the Arusha Peace Accords. This subsection describes the legal provisions and gives a practical interpretation of how the provisions are applied. 3.4.2. The legal basis for recovery of Rwandan nationality Rwandan nationality recovery has received much legislative attention, from the Arusha Peace Accord to the current Constitution as revised in 2015. a. The Constitution of the Republic of Rwanda as revised in 2015 addresses this matter openly and proactively in its Article 25 paragraphs 4 and 5 as follows: No one can be deprived of Rwandan nationality of origin. 77 See Article 4 of the Penal Code. See Article 25 para 4 of the Constitution of the Republic of Rwanda (2015 version). See also Article 19 para. 1 of the Nationality Law of 2008. 78 14 RSCAS/GLOBALCIT-CR 2020/10- © 2020 Author(s)