Francis Dusabe
definition since they are not residents within the meaning of immigration laws.65 As a result,
they would not be entitled to naturalisation regardless of their length of stay in the country.
Financially, a foreigner intending to seek naturalisation in Rwanda must have
“sustainable activities” as evidence of his permanent settling and readiness to engage in the
economic life of the country. This condition also serves as a guarantee that a naturalised person
is not a burden on the country. Therefore, vulnerable groups such as refugees, stateless persons
and others who are financially struggling are unable to meet this requirement for naturalisation.
The greatest interpretative challenge in terms of financial requirements is that the law
is unclear on what constitutes sustainable activities. Whereas the Kinyarwanda version uses the
words ‘ibikorwa birambye,’ which translates as a blend of ‘durability’ and ‘continued
relevance,’ the Rwandan authorities still give special consideration to the size and type of
activity and its social or economic utility to the public.
Given the reality that this requirement barred many applicants from naturalisation,
including those who might be of interest to Rwanda, the law provides for “facilitated
naturalisation” for a foreigner not fulfilling the above conditions, but who is deemed to be of
interest to the country.66 This category covers highly skilled migrants, talented individuals who
use their talents in the interest of Rwanda and any other foreigner whose naturalisation is
deemed a national interest by the government.67 As mentioned above, this leaves out those in
need of nationality, mainly because such a consideration is not something one requests. It is a
privilege, entirely determined by the state.
Finally, regardless of his or her place of birth, a minor automatically becomes Rwandan
alongside his/her naturalised parent(s) as long as his/her birth is legally recognised in
Rwanda.68
3.3 Renunciation and deprivation of Rwandan nationality
Under Rwandan laws, nationality may be relinquished voluntarily (renunciation) or against
one’s will (deprivation), leaving the previous holder a complete stranger in the land he/she once
called his/her own.69
3.3.1. Renunciation
Any Rwandan of majority age has a right to voluntarily renounce his Rwandan nationality so
long as this act is not aimed at compromising other Rwandan laws, seeking refugee status or
becoming stateless in Rwanda.70 The decision on an application for renunciation requires a
two-stage screening. First, the Director General receives the application and undertakes a
rigorous examination of the case by looking at the motives provided by the applicant and his
65
Rwandan immigration law does not have a specific visa category for refugees. The National refugee
determination committee determines their status. The only residence permit provided under Rwandan laws is
Class J, which is normally a work visa granted to foreigners with refugee status granted by a foreign country.
66
Article 16 of the Nationality Law of 2008.
67
Article 16 of the Nationality Law of 2008.
68
Article 17 of Nationality law of 2008
69
See Article 13 Para 4 of the Presidential Order on Rwandan Nationality.
70
See Article 18 of Nationality Law of 2008
12
RSCAS/GLOBALCIT-CR 2020/10- © 2020 Author(s)