Francis Dusabe entitlement to Rwandan nationality if they ever apply for it. In the spirit of Article 25 of the Constitution, applicants falling in this category should for the time being be facilitated in the acquisition of nationality and where possible be requested to make a simple application at the entry point. 4.3 Nationality based on the location of birth Despite the progress made in the nationality laws of 2004 and 2008 on the possibility of acquiring Rwandan nationality based on birth in Rwanda, the current law unnecessarily conditions a child’s right to acquire nationality by birth on the regularity of stay of his or her parents. Thus, those born to foreigners with no lawful residency in Rwanda are unable to acquire nationality by birth and over time they run a risk of becoming stateless. The law should consider facilitating these children, who are punished for an offence they did not commit.100 4.4. Further protection of vulnerable groups: long stayers, refugees and people at risk of statelessness Rwandan nationality law should open up to provide protection to vulnerable groups of people, in particular long stayers, refugees and other people at risk of statelessness. Their special circumstances and their economic status do not allow them to meet the criteria for naturalisation. Starting with long stayers, Rwanda has for years accommodated foreigners originating from neighbouring countries such as Uganda, Burundi and the Democratic Republic of Congo. Even with no proper documentation, these people have permanently settled in Rwanda and have no plan to return to their home countries. Although the majority are already eligible for permanent residence through other modes of acquisition, there is a need for a comprehensive framework to integrate them as they are part of Rwandan society. Rwanda is yet to estimate the number of stateless persons and those at risk of statelessness in the country – a step required for their integration through naturalisation.101 Regarding refugees, under the 1951 Refugee Convention Rwanda is obliged to provide refugees with a durable solution, the most effective being local integration with refugees being naturalised to become part of the citizenry. In addition to its demonstrated sympathy and commitment to address the problems of refugees, Rwanda should include in its national law a specific provision facilitating the naturalisation of refugees wishing to do so. Denying a child his or her birth right because of a parent’s irregularity is punishing him or her for a crime he/she did not commit. Moreover, if lawful stay is material in establishing presence on the Rwandan territory, other factual evidence may remove any doubt. These include hospital statements or testimony by the local government that the parents lived in the Rwandan territory regardless of their inability to acquire resident permits. 101 Ministers (2019), “Item 4: Pledges for Rwanda,’ Outcome document of Ministerial Conference on the eradication of statelessness in the Great Lakes Region, 18 April 2019, Nairobi, Kenya. 100 20 RSCAS/GLOBALCIT-CR 2020/10- © 2020 Author(s)

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