Report on Citizenship Law: Uganda
Ministry of Internal Affairs (MIA).57 As documented in the ruling, instances of discrimination
happen when individuals attempt to apply for or renew passports and national identity cards.
This allegation by virtue, suggests that the MIA is violating their constitutional rights to
citizenship in addition to access to passports and national ID cards.58
There were three main issues identified by the Tribunal requiring a legal judgment on
the basis of whether discrimination did indeed take place. These include the following: 1)
“whether the actions of the officials of MIA involved in the processing of the Passports and
National Identity Cards amounted to discrimination of multi-racial individuals ordinarily
known as half castes”, 2) “whether the actions of the said officials of the MIA amounted to
violation of the Complainant’s and other members of the Multi-racial community’s right to
citizenship”, and 3) “whether multi-racial communities may be accorded Affirmative Action
in the political, social, and economic opportunities available to other Citizens of Uganda”.59
The ruling confirmed that the accuracy of the evidence provided by the witnesses
claiming discrimination by the MIA, noting “alarming discrimination against multi-racial
individuals”.60 The ruling called upon officials of the MIA to provide an equal opportunity for
all Ugandans to apply for passports, and for MIA official to refrain from for withholding
passports due to the colour of one’s skin. Additionally, the case brought into question the right
to access citizenship of Mr. Feher Ahmed Hamed, which ruled that he met all the legal
requirements in accordance with Article 12(1) and 12(2) of the 1995 Constitution, in addition
to Section 14 of the UCICA, and called the MIA to grant him citizenship by registration.61
Furthermore, the ruling outlines the following legal framework, which the MIA should uphold
in order to avoid the discrimination of multi-racial communities in Uganda: Articles 12, 20,
21(1), (2) and (3), 32 and 36 of the 1995 Constitution. It also called upon the MIA to “diligently
perform the functions of the Directorate of Immigration and Citizenship as contained in Section
7 of the Uganda Citizenship and Immigration Control Act, Cap 66 as amended” and practice
refraining from any personal bias and discriminatory practices.62
4.2 Introduction of New National ID Card
The Citizenship and Immigration Control Act 1999 provided for the issue of ID cards63—but
the government only took action to require registration for a national ID card more than ten
years later. A mass registration process for a new national identity card was carried out during
2014/15 under the existing legislation. In January 2016, new legislation entered into force, the
Registration of Persons Act 2015, which established a new agency, the National Identification
and Registration Authority (NIRA) to be responsible for its implementation.
In February of 2019, NIRA launched a further three-month massive registration for all
Ugandan citizens to ensure that everyone is included in the national register and provided a
57
The Equal Opportunities Commission, EOC Ref No. EOC/CR/010/2016, Yasin Omar [Complainant] Versus
Attorney General [Respondent], 15 February 2016.
http://www.eoc.go.ug/sites/equalopportunities/files/publications/yasin_omar_vs_attorney_general_ruling.pdf
(accessed 05 February 2019).
58
Ibid.
59
Ibid.
60
Ibid.
61
Ibid.
62
Ibid.
63
Citizenship and Immigration Control Act 1999, Part IV, provided for “Registration of citizens and issue of
national identification numbers and national identity cards.”
RSCAS/GLOBALCIT-CR 2020/8 - © 2020 Author
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