RIGHT TO NATIONALITY Perspectives from Uganda Presented by  MARSHALL ALENYO at The Right To Nationality Civil Society Workshop Wednesday, May 02, 2018 Kampala

HISTORICAL CONTEXT British Protectorate 1892 Independence 9th October 1962 Citizenship transitions at independence (a) Automatic citizens S.10“citizenship by descent to Ugandans born after 8th Oct1962 Only transmitted through biological Fathers

HISTORICAL CONTEXT-cont (b) Persons entitled to citizenship who could as register as of right Those who were themselves born or ordinarily resident in Uganda if they were citizens of UK and colonies or British Protected Persons (s.7 and 8) A woman who marries a Ugandan citizen after 8th October 1962 (s.11)  

HISTORICAL CONTEXT-cont (C) Persons who could potentially apply to Naturalise  S.12 gave Parliament powers to make provisions for acquisitions of citizenship of Uganda by Persons who were not eligible or who were no longer eligible to become citizens of Uganda - The Citizenship Act Cap 65 was enacted and commenced on 9th October 1962.  

HISTORICAL CONTEXT-cont POST INDEPENDENCE Uganda has two “quick “constitutions  The 1962 constitution Interim in nature but with similar provisions to the 1962. The 1967 constitution- made a fundamental departure from principle of “Jus soli” or Automatic right of citizenship by birth which was enshrined in s.9 of the 1962 constitution It now qualified it “..... “ ...one can only be a citizen by birth if at the time of their birth one of their parents was a citizen of Uganda “.

CURRENT LAW The 1995 Constitution ( as amended) Chapter 3, Articles 9,10 (1), 10(2), 11(1),11(2),12 (1), 12(2), 13, 15 and 16 . Introduced a fundamental definition of nationality / citizenship based on tribes (indigenous communities) and returned “jus soli” but Exclusively for listed tribes in Third schedule to Art .10 ( 64 now )

PERSPECTIVES The nationality definition is discriminative in nature and excludes other communities found in Uganda as of 1st feb.1926! (Indians , Somali , Jaluos ,Maragoli). The budge of discrimination even for the listed communities- (Kuku, Banyarwanda, Barundi). Children as found but the descendants cannot transmit citizenship. (Art. 11 (1). Same are the children of registered citizens e.g. Uganda Indians with children studying in Uganda. The future of long stay refugees cannot register (Article 12 (1) and s.25 The Uganda Citizenship and Immigration Control Act read together with The Refugee Act. The Administrative nature of decisions on citizenship under NIRA/Immigration Directorate ( s.33 of UCIC Act on copies of certificate and The National ID)

NO STATELESSNESS DETERMINATION PROCEDURE The African Charter on Human and People’s Rights adopted 1981 (entered into force 1986). (Art 5). The protocol to the African charter on Human and People’s Rights on the rights of Women in Africa. (Art 6). The African Charter on the Rights and Welfare of the Child. (Art 6). Resolution no 234 on the Right to Nationality, adopted at the 53rd Ordinary session in Banjul, Gambia, 2013. The EAC Treaty (Common Market Protocol Art. 8 And 9) provides for standardization of Identification and Travel Documents.

CONCLUSION The Nationality Laws And Citizenship Practice in Uganda (as it is now ) over time will Expose mostly Children here whose parents are themselves not listed to the risk of Statelessness indeed the DRAFT PROTOCOL ON THE RIGHT TO NATIONALITY. Therefore becomes a welcome step to insulate against such fears

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