Francis Dusabe
he/she was not attributed his/her father’s nationality at birth. To qualify, the applicant
had to have lived in Rwanda for the three years preceding the date of application.17
iv. There was no right to nationality based on birth in Rwanda to foreign parents.
v. Dual nationality was outlawed. As a consequence, those with a Rwandan nationality
of origin who had acquired the nationality of their host country were no longer
recognised as having any connection with Rwandan. In many cases, the acquisition
of a foreign nationality was not done in accordance with the necessary legal
formalities, leaving the people concerned living in limbo and risking becoming
stateless.
vi. Nationality based on marriage was only open to foreign women who married
Rwandan men. Acquisition was automatic on the day of the celebration of marriage
unless the beneficiary was unwilling to lose her nationality of origin. 18 A foreign
woman who was not willing to acquire Rwandan nationality on her marriage to a
Rwandan man was obliged to make a statement on the retention of her nationality of
origin within a year of the date of marriage. Foreign men could not acquire Rwandan
nationality through marriage to Rwandan women. Rwandan women who married
foreign men had a right to renounce their Rwandan nationality within a year.
Otherwise, their acquired foreign nationality would not be recognised in Rwanda.19
vii. New-born infants of unknown parents found on Rwandan territory were attributed
Rwandan nationality unless another nationality was later proved to exist.20
viii. Adopted children could become Rwandan only if the adopting parent was the father
and if the adoption had caused the child to lose his/her nationality of origin.21 The law
of 1963 also provided for the adoption of an adult person so long as the adoptee
renounced his nationality of origin in favour of being Rwandan.22
ix. As in the Belgian Code de nationalité, naturalisation could be granted following
parliamentary approval and through a presidential decree. The conditions to be met
included ten years of legal residence in Rwanda, or abroad if in service for Rwanda
or for study.23 This period could be shortened to five years for those who had provided
exceptional services to Rwanda. Other conditions included good character and good
physical and mental health, assimilation into the national community including
knowledge of the language, practising an activity of interest to Rwanda and
renunciation of a previous nationality.
2.2.2. Remaking Rwandan nationality: the game changer in the 1990s
On 1 October 1990, a liberation struggle was launched by Rwandan refugees, following
multiple demands to be allowed to return peacefully to Rwanda. This conflict led to a series of
17
See Article 8 of the Nationality Code of 1963.
See Article 7 of the Nationality Code of 1963.
19
See Articles 20, 33 and 34 of the Nationality code of 1963.
20
See Article 5 of the Nationality Code of 1963.
21
See Article 9 of the Nationality Code of 1963.
22
See article 10 of the Nationality Code of 1963.
23
See Article 13 of the Nationality Code of 1963.
18
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RSCAS/GLOBALCIT-CR 2020/10- © 2020 Author(s)