STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY Loss and deprivation of nationality Burundi, Kenya, Rwanda, Tanzania and Uganda all forbid deprivation of nationality from a national from birth against the person’s will, whether or not the person would become stateless. Tanzania, however, provides for automatic loss of birth nationality in case of acquisition of another.47 South Sudan is the only one of the six countries that provides for deprivation of nationality from a citizen from birth, if that person “has enlisted to serve or continues in the service of a foreign enemy country”. This provision in the legislation conflicts with the transitional constitution, which indicates that only naturalised citizens may be deprived of citizenship.48 Deprivation of nationality from a person who has naturalised is usually far easier under the law. All six EAC countries provide for deprivation of a person who has acquired nationality as an adult under some circumstances, such as a conviction on charges of treason or a similar crime against the state; a conviction on charges of less serious crimes, or a finding that nationality was acquired by fraud or false representation. Tanzania and Uganda add a “catch all” provision allowing for deprivation on the grounds of “disloyalty” or the “public good”. Tanzania also has a provision based on Article 7 of the Convention on the Reduction of Statelessness (and British law at the time of independence in the 1960s) allowing for deprivation of nationality from an individual who has naturalised if he or she stays outside the country for an extended period (Tanzania states five years, although the Convention provides seven years) without notifying the authorities of an intention to retain citizenship.49 No EAC Partner State provides for protection against statelessness in deprivation cases. Rwanda provides partial protection, only allowing statelessness to result if citizenship is annulled because it was acquired fraudulently.50 It is more common for government authorities to refuse to issue or renew, or to cancel a passport or other identity document, than to undertake the formal procedures for deprivation of citizenship. The legal status of a person whose passport has been cancelled is often unclear. 47 Tanzania Citizenship Act 1995, Section 7. 48 South Sudan Nationality Act, Section 15. The Transitional Constitution, Article 45(4), states: “The law shall regulate citizenship and naturalization; no naturalized citizen shall be deprived of his or her acquired citizenship except in accordance with the law”. The implication is that only naturalised citizens may have be deprived of citizenship. 20 49 Tanzania Citizenship Act 1995, Section 15(2)(d) 50 Rwanda Organic Law 2008, Article 19. UNHCR / September 2018