President Yoweri Kaguta Museveni has signed an Executive Order to safeguard the citizenship rights of Ugandans, particularly addressing concerns over the issuance of passports and identification documents.
The directive, issued on January 24, 2025, is grounded in Articles 99(1) and (4) of the Constitution, which empowers the President to take such action.
“By virtue of the authority vested in the President by Article 99 (1) and (4) of the Constitution, this Executive Order is made on the 24th of January, 2025,” the President said.
The order follows numerous complaints, especially from the Banyarwanda community born and raised in Uganda, who alleged being denied passports and National Identity cards despite their Ugandan citizenship.
President Museveni said he has repeatedly received complaints about how authorities handle passport applications, particularly concerning the treatment of applicants and the determination of their Ugandan citizenship.
These issues have been raised most prominently by a group of Banyarwanda born and raised in Uganda, who claim human rights violations by officials.
President Museveni clarified that the 1995 Constitution, under Chapter 3, categorically resolves the issue of citizenship by providing for three types: citizenship by birth, registration, and naturalization. He emphasized that the challenge lies in the administrative handling of citizenship verification, not in the law itself.
“Clearly, the issue is not the law or any gaps in it but how the law is administered with regard to proof of citizenship by applicants for passports or other documents of identity,” he said.
To address this, the President directed that every Ugandan citizen has the right to a passport or travel document, and officials from the Directorate of Citizenship and Immigration Control must adhere strictly to Section 40 of the Citizenship and Immigration Control Act, Cap. 313. This section only requires applicants to provide a National Identification Number (NIN) and fulfil any board-prescribed requirements. Administrative procedures must respect the dignity of applicants, avoiding unnecessary demands for proof of citizenship not stipulated by law.
“Therefore, since the challenge is administrative in nature, I hereby direct as follows; Every Ugandan citizen has a right to a passport or other travel document and to enter, leave and return to Uganda,”he ordered.
Museveni echoed that citizenship by birth is inherent and does not require validation from immigration officers. He directed officials to presume citizenship unless there is credible evidence to dispute an applicant’s claims. He also highlighted an existing legal gap where children of citizens by birth or naturalization are not automatically granted citizenship, urging the Minister of Internal Affairs and the Attorney General to resolve this issue promptly.
Furthermore, the President ordered that National Identity Cards issued by NIRA should not be confiscated or cancelled without following due legal process, ensuring citizens’ rights remain protected.
President Museveni further directed that upon receipt of an application for a passport, officials of the Directorate of the Citizenship and Immigration Control should address themselves to the provisions of section 40 of the Citizenship and Immigration Control Act, Capt. 313 which only requires a person to produce his or her National Identification Number (NIN) and to comply with any other requirements prescribed by the board.
“All administrative processes through which a person might be required to prove citizenship, especially by birth, must uphold the dignity of all persons and no requirement not provided for or contemplated under the law should be applied,” he said.
“Immigration officials should be mindful that citizenship by birth is inherent and not given by the immigration officers and that there must be a presumption of citizenship unless an immigration officer has cogent and reliable evidence that the information submitted by an applicant is not true.”
The President also explained that presently, the law does not accord automatic citizenship to children of citizens by birth and naturalization, saying that a citizen produces a citizen.
“The Minister of Internal Affairs and the Attorney General are directed to immediately have this anomaly addressed.”
He further directed that the Directorate of Citizenship and Immigration Control should not confiscate or cancel National Identity cards issued by NIRA without following due process prescribed by law