Report on Citizenship Law: Uganda any member of a nonindigenous group and is limited to only the children of citizens by birth (i.e., those who are members of an ‘indigenous community’). The 1995 Constitution also reformulated the definition for citizenship entitlement through registration and naturalisation, as well as the parameters that constitute the loss of citizenship. The 1995 Constitution created the National Citizenship and Immigration Board. This entity holds various responsibilities, among which include granting and cancelling citizenship by registration and naturalisation [Article 16(3)(c)], among other activities. 3.2. Acquisition of citizenship 3.2.1. At birth The 1995 Constitution and the UCICA provide two categories by which citizenship by birth can be acquired. First, Ugandan citizenship is acquired automatically by every person born in Uganda, one of whose parents or grandparents is or was a member of any of the indigenous communities existing and residing within the borders of Uganda as at the first day of February 1926, as listed in the Constitution [Constitution, Article 10(a) and Third Schedule, as amended 2005; UCICA, Article 12(a)].31 Second, for persons born outside Uganda, they automatically acquire Ugandan citizenship provided one of their parents or grandparents were at the time of birth of that person a citizen of Uganda by birth [Constitution, Article 10(b); UCICA, Article 12(b)]. The two categories, by design, omit the right for whites and Asians to acquire Ugandan citizenship by birth. 32 They also exclude members of other communities not listed in the schedule to the constitution, generating debates surrounding the Constitution’s definition of Ugandan ‘indigeneity’. It is also important to highlight that citizenship by birth does not solely impact the rights of an individual by virtue of where they are born, and the relationship they maintain with the State as a result, but in the Ugandan context it also determines the collective rights of communities and the manner by which they can be represented within the State structure.33 3.2.2. Foundlings and Adopted Children Under the Constitution, foundlings acquire Ugandan citizenship by birth. A child found in Uganda who is five years of age or younger, and whose parents are not known, is presumed to 31 According to the Third Schedule of the 1995 Constitution, fifty-six indigenous communities are identified: Acholi; Alur; Baamba; Babukusu; Babwisi; Bafumbira; Baganda; Bagisu; Bagungu; Bagwe; Bagwere; Bahehe; Bahororo; Bakenyi; Bakiga; Bakonzo; Banyabindi; Banyankore; Banyara; Banyarwanda; Banyole; Banyoro; Baruli; Basamia; Basoga; Basongora; Batagwenda; Batoro; Batuku; Batwa; Chope; Dodoth; Ethur; Ik (Teuso); Iteso; Jie; Jonam; Jopadhola; Kakwa; Karimojong; Kebu (Okebu); Kuku; Kumam; Langi; Lendu; Lugbara; Madi; Mening; Mvuba; Napore; Nubi; Nyangia; Pokot; Sabiny; So (Tepeth); and Vonoma. According to the 2005 Amendments, nine additional indigenous communities were added: Aliba; Aringa; Banyabutumbi; Banyaruguru; Barundi; Gimara; Ngikutio; Reli; and Shana. 32 Manby, Bronwen. Struggles For Citizenship in Africa. London: Zed, 2009. 33 For further elaboration of the relationship between individual and collective rights in Uganda, reference the case of the Buganda community in demanding for federal status: Barya John-Jean, “Reconstituting Ugandan Citizenship Under the 1995 Constitution: a Conflict of Nationalism, Chauvinism, and Ethnicity”, Centre for Basic Research, (2000). Working Paper No. 55. RSCAS/GLOBALCIT-CR 2020/8 - © 2020 Author 7

Select target paragraph3