SOLVING STATELESSNESS
a possibility in Uganda as refugees are routinely refused applications
for naturalisation. Faced with the lack of access to legal options, many
refugees talked of how they were planning to “disappear” into Uganda
instead, thereby reinforcing their lack of recognised legal status. They
talked of how they were being forced to hide their identities and
change their names27 – some pretending to be Congolese refugees and
others identifying themselves as Munyankole, a Ugandan ethnic group:
“[P]eople who I do not know and who are in civilian clothes, I cannot tell
them I’m a refugee from Rwanda. I tell them I am Munyankole because
I can speak that language. Or else I tell them I am Congolese [...] And
those that I have told that I am a refugee from Rwanda, I will not mention
that I am a Hutu.”28 Since the time of the research, however, there has
been some hope in this regard, as the Constitutional Court in Uganda
issued a ruling in October 2015 clarifying that refugees do, in fact, have
the right to apply for naturalisation under Ugandan law.29 Although this
has not yet been tested, it raises hope that naturalisation might soon
become an option. In addition, there have also been discussions at a
political level as part of a broader protection and solutions strategy,
which is now integrated into the national development plan.
In a context in which documentation is widely unavailable, and in
which social understandings are dominant, it is important to recognise
that the displaced can creatively exploit these conditions to bolster
their own protection. However, these strategies are ultimately fragile
as long as they are not accompanied by legal legitimacy.
It was to deal with circumstances in which return was unviable that
the mechanisms of international protection were created by the
international community. Refugee status is supposed to fill the gap
between an experience of citizenship which is unable to deliver on
fundamental human rights protections and the eventual enjoyment
of effective citizenship. Indeed, the foundation of refugee law
constituted one of the first direct challenges to the exclusivity of the
State-citizen link with respect to protection, inserting the refugee into
a new community and establishing a basic set of rights to which the
persecuted exile was entitled. UNHCR was then charged with assisting
27
28
29
Interview with refugee woman, Nakivale, Uganda, 27 November 2009.
Interview with refugee man, Nakivale, Uganda, 17 November 2009.
See, Constitutional Court of Uganda, Constitutional Petition No. 34 of 2010,
Center for Public Interest Law Ltd Salima Namusobya v. The Attorney General,
21 October 2015.
87
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents