Francis Dusabe
Ugandan Citizenship and foreigners who lost their citizenship through becoming Ugandans to
retain their nationalities of origin.108
Having handled the lion’s share of refugees from Rwanda in 1959, Uganda’s
Citizenship and Immigration Control Act of 1999 clearly bars refugees and their descendants
from acquiring citizenship by registration.109 Many Banyarwanda refugees, however, have
acquired it through marriage.
Another case of former nationals by origin worth mentioning is that of Rwandans taken
to work in sugarcane and tea plantations in Kericho, Kenya in the 1940s by the British
colonists.110 In 1945, they were allowed to live in Kenya permanently by the British and were
subsequently issued with identity cards (IDs). Unfortunately, this status was short-lived as it
was unjustifiably withdrawn in 1975 following Kenya’s implementation of the East African
Community (EAC) regulations on the management of foreigners. They were instead given a
three-month identification document called Alien Identity Card.111 At the time of writing, their
claims for Kenyan citizenship are still outstanding despite the intervention of the Rwandan
government informing them of their right to reacquire their Rwandan nationality if they request
it. Unfortunately, many do not entertain the idea as Rwanda remains a country they have barely
known. The failure of the Government of Kenya to respond positively to their claims continues
to leave them with a serious risk of statelessness.112
What is common in the above cases is that the persons concerned are targeted as a group
and are likely to be subject to collective measures such as group expulsion. Tanzania expelled
Rwandans as a group in 2013 and Uganda did so during the reign of Milton Obote in 1982. To
stay a step ahead, Rwanda should consider legislating the practice of granting Rwandan
nationality en masse in order to bridge gaps that if unaddressed may pave the way for
statelessness.
5. Conclusion
Rwandan nationality is an evolving concept that changes with the political and demographic
demands of the country. In recent years, Rwanda has unprecedentedly opened its borders to
people from all walks of life who have not only established themselves in Rwanda but settled.
Thousands have already completed the length of stay required to be naturalised, but the law is
still restrictive as the majority fail to meet the requirements relating to having durable activities.
In addition, Rwandan nationality law applies typologies that must be clarified. Looking
at the way the current law is written, there is no difference between nationality of origin and
parental descent, and yet the terminologies are self-explanatory. Taking nationality of origin as
108
See Section 19 (1) and (2) of the Uganda Citizenship and Immigration Control (amendment) Act, 2009.
See Article 14 of the Uganda Citizenship and Immigration Control Act of 1999. See also Zakaryan, T. (2020:
18).
110
The New Humanitarian, ‘Former Rwandan Tea-pickers to be expatriated,’ The New Humanitarian of 24 July
2000, available at www.thenewhumanitarian.org/report/3445/rwanda-former-rwandan-tea-picker-be-repatraited
111
The New Times, “After 70 years in Kenya, 500 Rwandans appeal for Naturalisation,” The NewTimes 14
February 2017, p. 6.
112
Matoke, T. ‘The plight of 'lost' Rwandans in Kenya’ The East African, 24 June 2017, available at
https://www.theeastafrican.co.ke/magazine/The-plight-of-Rwandans-in-Kenya/434746-3985280b9ygpyz/index.html
109
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RSCAS/GLOBALCIT-CR 2020/10- © 2020 Author(s)