REFUGEES FROM GENERATION TO GENERATION UNHCR, APRIL 2023 2) indication of a foreign country where the person was born and that he or she has never been legally recognised as a Rwandan; 3) written testimony of the person or of another person corroborated with evidence proving the relationship linking him or her with Rwanda, or the proof of a relative who is Rwandan national by origin; 4) proof of payment of application fee.251 These provisions of the law and the order are not entirely clear on the meaning of “Rwandan origin” or “Rwandan ancestry”. In particular, it is not specified if a person must demonstrate family connections linking to a place within the borders of the current state of Rwanda, or if a broader definition based on linguistic and cultural identity could be used, including those without any proof of such a geographical connection. It is also not clear if the application procedure for nationality on the basis of “Rwandan origin” refers only to those born outside of the country – as seems to be implied by the second paragraph of the Article 3 of the 2022 ministerial order, and would be in line with previous provisions on facilitated acquisition for those outside the country of Rwandan origin. The 2021 law, however, does not establish a distinction between those born inside or outside of the country, and so the application procedure appears to apply to all. In practice, it seems that a child born in Rwanda with at least one parent who holds a Rwandan national identity card and whose birth is registered will be recognised as Rwandan as part of the birth registration process. The birth register is in turn linked to the National Population Registry, so the process of recognition as a Rwandan in these circumstances would not require a separate application. However, the wording of the new law referring to an application for Rwandan nationality of origin creates potential confusion in its current form, seeming to blur the situation of those born in the country of Rwandan parents (whether or not of “Rwandan origin”) and those born outside who wish to acquire Rwandan nationality on the basis of an ancestral connection to the country. In comments received on a draft of this report, the Rwandan authorities stated: A child born to at least one parent, who possess Rwandan nationality at the time of the child’s birth, is automatically attributed Rwandan nationality irrespective of place of birth. No application, but only registration is required. A person born in Rwanda, born to at least one parent of Rwandan origin (irrespective of the current nationality/documentation of the individual and the parents), is automatically attributed Rwandan nationality. A person is eligible to apply for Rwandan nationality by origin, if he/she is born outside of Rwanda to at least one parent, who has origins in Rwanda, but whose parents have never been legally recognized as Rwandans. Nonetheless this ambiguity should be clarified in a public statement, since the implications of nonregistration of birth still appear to be that nationality is not acquired automatically at birth. The application fee for Rwandan nationality of origin is 5,000 Rwandan francs (approximately US$5). 252 Nationality “by acquisition” Any person not of “Rwandan origin” can only be granted nationality “by acquisition”. Detailed requirements are established for eleven separate grounds to acquire nationality, which are: birth on the territory of Rwanda; foundlings; marriage; adoption; national interest; special skills or talent; substantial sustainable investments or activities; residence in Rwanda; honour; being an immigrant; statelessness.253 Any person granted nationality by acquisition must swear an oath of allegiance and all grants of 251 Ministerial Order No. 007/01, art. 3. 252 Ministerial Order No. 007/01, art. 31. 253 Law No. 002/2021.OL, art. 8. 70

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