Tigranna Zakaryan
Uganda introduced a new constitution in 1995. It was implemented following countrywide consultations led by the ‘Odoki Commission’, a constitutional review commission named
after its chair.27 While the 1962 and 1967 constitutions focused on defining citizenship rights
for the country’s Asian population, the debates shaping the 1995 Constitution focused on
providing a more explicit definition for the citizenship rights of the countries’ many ethnic
communities, including addressing the status of African immigrants and refugees. Hence, the
1995 Constitution defined access to citizenship through a more explicit ethnic definition that
listed fifty-six groups considered ‘indigenous’ to Uganda. Nine more communities were added
by 2005 Constitutional amendments. While ethnic communities such as the Banyarwanda
whose status in Uganda fuelled much of the debates shaping access to citizenship in the 1995
framework were included in the list of indigenous communities, attempts by Asians to argue
for their inclusion were unsuccessful.28
Thus, Uganda is among a small group of counties whose legal framework is explicitly
based on ethnic identity. While the introduction of “indigenous communities” into the 1995
Constitution provided support in protecting some communities from statelessness, it
simultaneously created a risk of statelessness among those groups that are not represented
among the 56 communities defined by the Constitution. The sections below will outline
Uganda’s current citizenship practices both in legal merit and practical approaches.
3. Current Citizenship Regime
3.1. Introduction
The current citizenship framework in Uganda is outlined in chapter three of the 1995
Constitution of the Republic of Uganda (as amended in 2005) and the 1999 Uganda Citizenship
and Immigration Control Act (as last amended in 2009). The Uganda Citizenship Regulations
(SI No.63 of 2009) establish the technical procedures for implementation of the law, including
those pertaining to the registration of citizenship, adoption of a child, and dual citizenship.29
The 1995 Constitution introduced an ethnic basis for citizenship, under the Third
Schedule of the Constitution 30 . While the Constitution provided for those who already
possessed Ugandan citizenship to continue doing so (Article 9), it established an entirely new
framework for acquisition of citizenship at birth (Article 10). The new framework restored the
“jus soli” provision that had been in place for those who were born prior to 1967, but restricted
the new provision to those characterised as ‘indigenous’ on the grounds of being a member of
a community present in Uganda in 1926 when its original colonial borders were established.
One of the major legal gaps in the Constitution and the UCIC is the fact that Uganda’s ‘jus
sanguinis’ provision on acquisition of citizenship from a parent does not extend citizenship to
27
Manby, Bronwen. Struggles For Citizenship in Africa. London: Zed, 2009.
Ibid.
29
The Uganda Citizenship Regulations, 2009. Citizenship Rights in Africa Initiative.
http://citizenshiprightsafrica.org/wp-content/uploads/2018/11/Uganda-Citizenship-Regulations-2009-draft.pdf
(accessed 12 December 2018).
30
Third Schedule, Constitution of the Republic of Uganda, 1995. Uganda Legal Information Institute.
https://ulii.org/ug/legislation/consolidated-act/0 (accessed 14 December 2018).
28
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RSCAS/GLOBALCIT-CR 2020/8 - © 2020 Author