Tigranna Zakaryan 2. Historical Context 2.1. Pre-independence legislation Uganda became a British Protectorate in 1894 and Ugandans were deemed ‘British protected persons’ under the British Protected Persons Order 19344 and the British Nationality Act of 1948. The British empire maintained three types of territories in Africa: colonies which were under the direct control of the British government in London; protectorates which were nominally managed by local governing structures under British protection; and the former German territories which were mandated to British administration by the League of Nations.5 Prior to the 1948 British Nationality Act, those who were born in the United Kingdom or a colony -- such as Kenya -- were considered ‘British subjects’, while those who were born in a protectorate, such as Uganda, were considered ‘British protected persons’ (unless entitled to ‘British subject’ status or another nationality). The British Nationality Act of 1948 maintained the status of ‘British protected person’ for those born in a protectorate, but all those who had been ‘British subjects’ – whether born in the UK itself or in a colony -- acquired the new status of ‘citizen of the United Kingdom of colonies’. The term ‘British subject’ continued, but only as an umbrella term for all those with a citizenship status in one state of the newly created Commonwealth. Under the 1948 framework, those with British protected person status were extended some rights, including being regarded as a British national when outside of their protectorate, but did not have the same status as a citizen of the UK and colonies, and did not have the right of free entry into the UK itself. 2.2. Transition to Independence Commonwealth countries generally followed the same template in defining access to citizenship in the newly independent States. For those born before independence, this included three main avenues: automatic acquisition, which applied to those who were born in the country before independence and were citizens of the UK, or subjects of its colonies or protected states; the right to register; and the right to apply for naturalisation. At independence, former British territories in the East African Community including Kenya, Uganda, and Tanganyika shared similar legal frameworks determining access to nationality, which were negotiated into the independence constitutions agreed upon with Britain. In Uganda, the initial framework for determining citizenship was introduced in the 1962 Uganda Constitution. The constitution was then supplemented by the 1962 Uganda Citizenship Act which provided the procedural details for access to citizenship with through registration and naturalisation. The 1962 Constitution of Uganda provided for the automatic acquisition of citizenship at independence on the basis of two generations born in Uganda.6 Those who were born outside 4 British Protected Persons Order 1934. Government of United Kingdom. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/633482/pandp states.pdf (accessed 02 January 2019). 5 This history is summarised from Bronwen Manby, Citizenship in Africa: the Law of Belonging, Hart Publishing, 2018, chapters 3.1 and 7.3. 6 Constitution of Uganda 1962, Article 7(1): “Every person who, having been born in Uganda, is on the 8th October 1962 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Uganda on 9th October 1962: provided that the person shall not become a citizen of Uganda by virtue of this subjection if neither of his parents were born in Uganda”. 2 RSCAS/GLOBALCIT-CR 2020/8 - © 2020 Author