STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY Tanzania in violation of human rights standards in retroactively denying nationality in violation of due process.167 Burundi, Rwanda and South Sudan have all withheld or revoked passports from citizens in the last few years for apparently political reasons, though without necessarily withdrawing recognition of citizenship.168 A taxonomy of statelessness Migrants     Historical migrants from before independence, and their descendants Contemporary migrants stranded in another country, especially when undocumented “Returnees” to a country of origin or deported from another country Long-term refugees and former refugees, and their descendants Cross border populations  Ethnic groups divided by international borders  Nomads  Those who live in zones where borders are contested or have been changed Vulnerable children      Children born out of wedlock Abandoned babies and orphans Children separated from their parents Children of undocumented migrants Trafficked children Burundi Although nationality law in Burundi, as established by the nationality code of 2000 and the constitution of 2005, contains no explicit ethnic element, it provides an exclusively descent-based system, with the exception only of children of unknown parents. In the absence of a framework to govern the succession of states at independence, and the continuing existence of a Burundian monarchy, there were no rules on who became Burundian on 1 July 1962. This omission leaves those who are descendants of migrants to the country—potentially dating back generations—at risk of statelessness. The first Burundian nationality code was only adopted in 1971, nine years after independence. It drew heavily on the Belgian descent-based model and discriminated on the basis of the sex of the parent: attribution of nationality at birth depended on being the child of a father with the “status of a Murundi” (“ayant la qualité de Murundi”). There were exceptions in favour of children of unknown parents, and of a person born in Burundi and domiciled there for at least 15 years, unless it was established that the person was the national educated in Tanzania), Anatoli Amani (the leader of the ruling Chama Cha Mapinduzi (CCM) party in the north-western Kagera region), and Mouldine Castico (a former publicity secretary of the CCM in Zanzibar). 167 Anudo Ochieng Anudo v. United Republic of Tanzania, App. No. 012/2015, African Court of Human and Peoples’ Rights, Judgment of 22 March 2018. See further below under heading on the jurisprudence of the African human rights bodies. 168 Bureau of Democracy, Human Rights, and Labor, Country Reports on Human Rights Practices for 2013, 2014 and 2015, U.S. Department of State. UNHCR / September 2018 45