Tigranna Zakaryan
b. Children of Ugandan Asian “returnees”
The children of Ugandan Asians who later returned to Uganda have faced challenges securing
citizenship.50 This is because the registration or naturalisation of one’s parents does not transfer
to the child following the parent’s acquisition of Ugandan citizenship. In addition, the children
of registered or naturalised citizens do not acquire citizenship at birth, even if born in Uganda
(1995 Constitution, Article 19(b)). Thus, in some cases, the children of Ugandan Asian
“returnees” do not have Ugandan citizenship despite having grown up or born in Uganda.51
Others, on the other hand, might be stateless in the case their parent renounced their citizenship
to another country in order to acquire Ugandan citizenship prior to dual citizenship being
permitted.52
c. Somali Community
The Somali ethnic community has been growing in Uganda since the 1990s following the
collapse of the Somali state. Despite many Somalis in Uganda maintaining refugee status, there
is a sizeable community which descends from pre-independence migrants who originate from
Somaliland. The Isaq Somali migrants were considered British protected persons and by virtue,
would be eligible either for automatic citizenship acquisition or through registration.53 Despite
Somalis not being a recognized indigenous community of Uganda, authorities do recognise
Isaq Somalis who presented with evidence of belonging to this community.54 Nevertheless, this
community continues to face challenges in obtaining national ID cards or passports. Somalis
are meant to prove that they meet the requirements of citizenship acquisition during
independence in 1962. For those who were not alive, they then have to prove that either a parent
or grandparent was born in Uganda prior to independence, or that they meet the requirement
of applying for citizenship either through registration or naturalisation.55 It has so occurred that
those who met the requirement for Ugandan citizenship through automatic acquisition at
independence have been turned down—an issue which prevents their children from rightfully
enjoying citizenship on the basis on decent.56
d. Uganda’s Multiracial Community
On the 15th of February 2016, a complaint was filed by Yasin Omar against the Attorney
General of Uganda. The complainant is the chairperson of the non-governmental organization
known as the “Multi-racial Community of Uganda” which is an organization that promotes the
right of “half castes” in Uganda. The complaint was filed based on the allegation of various
occurrences by which the so-called “half caste” community faces discrimination by the
50
Bronwen Manby, Statelessness and Citizenship in the East African Community. United Nations High
Commission for Refugees, 2018.https://data2.unhcr.org/en/documents/download/66807 (accessed 18 December
2018).
51
In accordance with the UCICA, Section 12(b), 14, 15, 25: The 10-year period required to apply for citizenship
by registration does not apply to students or minors.
52
The Constitution (Amendment) Act, 2005. United States Department of Justice
https://www.justice.gov/sites/default/files/eoir/legacy/2014/09/10/constitution_amendment2005.pdf (accessed
14 December 2018).
53
Bronwen Manby, Statelessness and Citizenship in the East African Community. United Nations High
Commission for Refugees, 2018. https://data2.unhcr.org/en/documents/download/66807 (accessed 18
December 2018).
54
Ibid.
55
Ibid.
56
Ibid.
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RSCAS/GLOBALCIT-CR 2020/8 - © 2020 Author