By Frank Kamuntu
President Yoweri Kaguta Museveni has signed an Executive Order aimed at protecting citizenship rights in Uganda.
“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.
According to the President, he has consistently received complaints regarding the manner in which people applying for passports are sometimes treated by the concerned authorities. This mainly relates to how the question of whether or not an applicant is a citizen of Uganda is approached, when he or she has applied for a passport.
President Museveni’s directive follows numerous complaints from a group of Banyarwanda who were born and raised in Uganda, who on several occasions cited human rights violations from authorities. They claimed that they were being denied identification documents such as passports and national identity cards, despite being Ugandan citizens of the Banyarwanda tribe.
However, in the executive order, President Museveni clarified that the issue of citizenship was resolved under Chapter 3 of the 1995 Constitution which provides for three types of citizenship; citizenship by birth; citizenship by registration and citizenship by naturalization.
“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.
“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.
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.
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