Report on Citizenship Law: Rwanda competent authority still reserves a margin of discretion in granting nationality based on marriage.57 In the law, nationality through marriage is thus a privilege that comes with responsibility rather than a right that one acquires after a given period of time. Finally, marriage alone, even when fulfilling the time requirement, cannot guarantee the acquisition of Rwandan nationality if it has not been registered in a Rwandan registry of civil status. A marriage contracted in Rwanda is immediately registered with no additional requirements. However, a marriage contracted outside Rwanda must undergo the registration process,58 not just for record-keeping but to ensure that it meets Rwandan legal requirements, as arrangements (including marriages) contracted out of Rwanda cannot have any effect in Rwanda when they are contrary to public order, social interest or public morals.59 c. Acquisition through adoption A non-Rwandan child who is formally adopted by a Rwandan automatically becomes Rwandan.60 No more procedures are required except those related to adoption itself. Nationality by adoption is a means by which the government implements its constitutional duties, namely the constitutional duty to family protection, the promotion of the child’s right to a nationality under international law61 and the upholding of the best interests of the child.62 d. Acquisition through naturalisation A non-Rwandan of adult age may apply to become Rwandan provided he or she meets the conditions prescribed in Articles 13-15 of the 2008 law. Whereas a majority of the requirements are related to character and personality, applicants are also subject to time requirements and financial requirements. In terms of procedure, naturalisation is subjected to higher levels of approval as the last say lies with the cabinet. This makes the 2008 law less procedural when compared to the 1963 law63 but also more bureaucratic when compared to the law of 2004.64 Regarding time requirements, the applicant must be of majority age and must have legally resided in Rwanda for at least five years prior to lodging the application. Rwandan nationality law is not clear on the type of residence required for the purpose of nationality acquisition. If residence is restricted to residence provided for in immigration laws, vulnerable groups such as refugees, stateless persons and other undocumented persons do not fit into this See Article 11 of the Law of 2008. The use of ‘may’ rather than ‘shall’ in this provision substantiates that the granting of nationality based on marriage is discretionary and not an entitlement. 58 See Article 11 of the 2008 Nationality Law. 59 See Articles 5 and 166 of the law on persons and the family. 60 See Article 12 of the 2008 Nationality Law. See also Article 22 of the Presidential Order on Rwandan Nationality. 61 See Article 7 of the Convention on the Rights of the Child. See also Article 6 of the African Charter on the Rights and Welfare of the Child. 62 See Articles 9, 18 and 21 of the United Nations Convention on the Rights of the Child. 63 In the laws of 1963 and 2008, applications for naturalisation are approved by the President (i.e explicitly in the law of 1963 and implicitly in the law of 2008 as the President chairs the approving organ, the cabinet). A slight difference is that in the law of 2008 the President does not seek parliamentary approval as in the law of 1963. 64 The law of 2008 is more bureaucratic as compared to the one of 2004, as it skyrockets the decision-making to the cabinet. In the law of 2004, the Ministry of civil registry was the approving organ of last resort. 57 RSCAS/GLOBALCIT-CR 2020/10 - © 2020 Author(s) 11

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