Citizenship in Uganda is not solely determined by birthplace, as Alex (other names withheld) a 28-year-old from Masaka City, recently discovered.
Despite living his entire life in Uganda and the fact that he obtained a national identity card, Alex faced a startling revelation when he sought a passport for an overseas job opportunity.
Required to detail his ancestry, Alex found out through a rigorous interview process that his family’s roots traced back to Burundi, with his grandparents arriving in Uganda between 1960s and 1970s to escape civil unrest in Burundi at that time.
“They asked me many questions,” Alex recalled, “eventually insisting that my father joined for further scrutiny.” His father revealed their family’s history and integration into Ugandan society, including the informal assimilation into local clans. This backstory, however, did not guarantee Alex automatic Ugandan citizenship.
Simon Peter Mundeyi, spokespers on for the Ministry of Internal Affairs, highlighted that the ministry has encountered numerous instances where individuals mistakenly believe they are Ugandan citizens solely because they were born in Uganda.
In a public statement issued on July 10, Mundeyi emphasized, “being born in Uganda alone does not automatically confer citizenship by birth.”
Citizenship in Uganda is defined under Chapter 3 of the 1995 Constitution (Articles 9-19). According to these provisions, Ugandan citizenship can be acquired through birth, descent, registration, or naturalization.
Under Article 10(a) of the Constitution, citizenship by birth applies to individuals born in Uganda, provided at least one parent or grandparent belongs or belonged to one of the indigenous communities listed in the third schedule of the Constitution as of February 1st, 1926.
In a statement to the public on Monday, Mundeyi clarified that certain conditions must be met for someone to qualify as a Ugandan citizen by birth.
“The individual must be born within Uganda. Additionally, at least one parent or grandparent must be from one of the 65 indigenous communities listed in the Constitution’s third schedule. These communities must have been established within Uganda’s borders by February 1st, 1926,” the statement specified.
Furthermore, even if born outside Uganda, an individual can obtain citizenship if their parent or grandparent was a Ugandan citizen by birth at the time of their birth. Moreover, children under the age of five found in Uganda whose parents are unknown are presumed to be Ugandan citizens. Similarly, any individual under 18 years old born to non-Ugandan parents but adopted by a Ugandan citizen becomes a citizen by registration.
However, Mundeyi also emphasized that individuals who do not meet the criteria for citizenship by birth, particularly if their family’s lineage in Uganda began after February 1st, 1926, due to migration, have the option to apply for naturalization.
It is noted that this process serves to confirm their legal status as citizens, with an associated fee of 100,000shillings. Applications for naturalization can be submitted online at www.visas.immigration.go.ug. Upon approval, a certificate is issued, which enables applicants to pursue a National ID card and fulfill other requirements.
Mundeyi’s statement further highlighted that many individuals from diverse backgrounds, including Banyarwanda, who initially did not qualify under constitutional provisions, have successfully naturalized by adhering to correct procedures after seeking guidance,” the information further elaborates.
Nevertheless, there are specific requirements for this process. Applicants must have resided in Uganda for a minimum of 20 years in total, including continuous residency for the last 24 months preceding the application.
Additionally, applicants must demonstrate proficiency in either a designated Ugandan language or English, possess a clean criminal record, exhibit good moral standing, and intend to establish Uganda as their permanent residence upon acquiring citizenship.
Due to the sensitive nature of citizenship matters, the Ministry of Internal Affairs spokesperson cautioned against making sensational or ill-informed social media posts. Such actions could lead to legal consequences if they breach the law or misrepresent factual information.
The spokesperson, however, emphasized the importance of seeking accurate information from credible sources such as the Constitution and the Citizenship and Immigration Control Act.
“If during the course of seeking our services one feels that they have not been served correctly, we encourage them to seek redress through our various channels, including supervisors and leadership offices. The procedures are simple, and we advise the public to be cautious of scammers who may mislead and frustrate them in seeking our services,” he added.
Apart from naturalization, the Constitution of Uganda, under Article 12, also outlines provisions for Citizenship by registration. This provision applies to individuals born in Uganda at a time when neither of their parents nor grandparents held diplomatic status in Uganda nor were they refugees in the country.
Additionally, citizenship by registration extends to individuals who have lived continuously in Uganda since Independence Day, October 1962. Furthermore, individuals who are married to Ugandan citizens can apply for registration as Ugandan citizens upon proof of a legal and subsisting marriage of three years, or any other period as prescribed by Parliament.
Being a citizen of Uganda entails both benefits and responsibilities. Citizens have the right to vote and participate in politics, hold public offices, obtain national identification cards and passports, and enjoy constitutional rights and freedoms.
However, not all forms of citizenship are “equal”. While those who are citizens by birth enjoy all rights without restrictions, citizens who acquire Ugandan citizenship through naturalization face certain limitations.
For instance, individuals who are not Ugandans by birth are not eligible to be elected as President. Nevertheless, they remain eligible for other public offices such as Member of Parliament, mayor, councillor, and others.
Citizenship can be lost
According to the Uganda Citizenship and Immigration Control Act, Citizenship obtained through naturalization or registration may, among other reasons, be revoked for in cases where it was acquired through fraudulent means, deceit, bribery, or intentional false statements in the citizenship application.
Additionally, engaging in espionage against Uganda or voluntarily serving in the armed forces or security forces of a country hostile to or at war with Uganda can also result in the loss of citizenship.
Duo citizenship?
Before 2009, Uganda did not recognize dual citizenship, meaning that acquiring citizenship of another country automatically resulted in the loss of Ugandan citizenship.
However, recognizing the significant contributions of Ugandans in the Diaspora to the country’s economic and social development, and to facilitate maintaining ties with their homeland without legal barriers, the government amended the constitution and enacted the Citizenship and Immigration Control (Amendments) Act in 2009. This amendment allowed for dual citizenship in Uganda.
According to the Directorate of Citizenship and Immigration Control, Ugandans who had lost their citizenship prior to 2009, by acquiring citizenship of another country are now eligible to reacquire their Ugandan citizenship. Furthermore, Ugandans who wish to acquire citizenship of another country can do so without forfeiting their Ugandan citizenship. This change aims to leverage the benefits that come with dual citizenship, including attracting potential investors and fostering strong ties with Ugandans abroad.
It is important to note that individuals with dual citizenship in Uganda, are restricted from holding certain strategic public offices. Specifically, they are prohibited from holding positions such as heading any of the three arms of government, leading the police force, or occupying certain roles within the national army and intelligence agencies, among others.