Francis Dusabe
Second, for those who legally acquired a foreign nationality, the automatic
acquisition of Rwandan nationality may not be without a risk. For those holding
nationalities of countries which accept dual nationality, their foreign nationality
would not be affected by their acquisition of Rwandan nationality. For those with
the nationality of a country which does not accept dual nationality, their automatic
acquisition of Rwandan nationality exposes them to the risk of forfeiting their
foreign acquired nationality. While for some it is their choice to extinguish their
foreign status and remain with only Rwandan nationality, for others it is a
misinformed mistake that the person concerned would have avoided if he or she
knew the real implications.80
b. Persons of Rwandan origin, and their descendants, who do not fit into the
timelines provided in the above category. This category, referred to here as
‘foreigners with nationality entitlement,’ combines all foreigners who have an
origin in Rwanda by virtue of which they are entitled to Rwandan nationality if they
apply for it.81 In other words, it is their origin that grants them a status which is a
little above others who have become Rwandans by acquiring nationality through
naturalisation.
The law does not clarify whether such a request is a simple request with reduced
formalities or if it is a formal application normally subject to the discretion of the
competent authority. It is submitted that the competent authority’s powers to decline
are highly limited as it is mandated to respond positively. Responding negatively
may result in a situation of ‘renewed deprivation’82 or of banishment from the
country,83 something proscribed by the Constitution.
c. Former Rwandans by acquisition who lawfully and intentionally renounced
their Rwandan nationality for any justifiable reason. This category, referred to
here as ‘former Rwandans by acquisition,’ comprises those who acquired Rwandan
nationality through the above-mentioned modes of acquisition and for a justifiable
reason renounced their nationality.84 The procedure for regaining Rwandan
nationality is more one of ‘re-acquisition’ rather than recovery as provided for in
the above other two categories.
The concept of re-acquisition implies that on renunciation the person becomes fully
detached from Rwanda and can only regain Rwandan nationality by making a fresh
application. The competent authority has a wider margin of discretion when
deciding on applications for re-acquisition. A foreigner seeking re-acquisition must
prove his/her earlier status as Rwandan. More specifically, he/she must satisfy the
competent authority about why (s)he should be allowed to recover his/her Rwandan
nationality.85 Re-acquisition may not be granted if the applicant has had his
nationality withdrawn in accordance with the law or is a security threat.86
80
Mamdani, M. (2001: 87).
See Article 25 (1), 25 (2), and 25 (4) of the Constitution of the Republic of Rwanda (2015 version).
82
Article 25 (4) of the Constitution of the Republic of Rwanda (2015 version).
83
Article 25 (1) of the Constitution of the Republic of Rwanda (2015 version).
84
See Article 23 of the 2008 Nationality Law.
85
See Article 23 of the 2008 Nationality Law.
86
See Article 24 of the 2008 Nationality Law.
81
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RSCAS/GLOBALCIT-CR 2020/10- © 2020 Author(s)