Kampala, (UG):- President Yoweri Museveni has signed and issued an executive order aimed at improving the administrative processes involved in proving Ugandan citizenship.
Signed on January 23, 2025, the Executive Order provides clear guidance on the legal and administrative processes that should be followed by the concerned authorities to address ongoing concerns about the treatment of Ugandan natives applying for passports and other identification documents.
“By virtue of the authority vested in the President by Article 99 (1) and (4) of the Constitution, this Executive Order is made this 23rd day of January 2025,” Mr Museveni wrote.
The President acknowledged having received complaints from citizens including the Banyarwanda community in Uganda, protesting how the verification of their citizenship is handled when applying for passports.
“I have consistently received complaints regarding the manner in which people applying for passports are sometimes treated by the concerned authorities,” he wrote, adding that these concerns primarily revolve around how the question of citizenship is approached by immigration officials, especially when determining whether an applicant is a Ugandan citizen by birth.
Museveni made it clear in the Executive Order that there are three types of citizenship in Uganda as defined by the 1995 Constitution: “1. Citizenship by Birth; 2. Citizenship by Registration; and 3. 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 added, emphasising the right of every Ugandan citizen to have access to a passport or other travel document.
Furthermore, the order directs that the Directorate of Citizenship and Immigration Control should only require applicants to present their National Identification Number (NIN) and comply with any other requirements established by the law.
“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, Cap. 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,” Museveni’s Executive Order reads in part.
Presume Citizenship
One of the most significant aspects of the Executive Order is its emphasis on the presumption of citizenship by birth. However, Museveni clarified that “citizenship by birth is inherent and not given by the immigration officers,” meaning immigration officials should assume that an applicant is a citizen unless there is “cogent and reliable evidence” to the contrary.
In case of doubt, the President made it clear that “It is the duty of the immigration officer to bring forth evidence that the information submitted by the applicant regarding their citizenship by birth is inaccurate and forward the same to NIRA for appropriate action.”
Protecting National Identity Cards
On the issue of protecting National Identity Cards (IDCs) issued by the National Identification and Registration Authority (NIRA), the President 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,” and that any issues related to an applicant’s identification should be resolved with NIRA, not through direct action by immigration authorities.
On passports and other travel documents, the Executive order further emphasizes the importance of treating all applicants equally, irrespective of their ethnicity, tribe, or community. It clearly states that “the requirements for the acquisition of passports or other identification documents must apply to all applicants equally, regardless of tribe, ethnicity or community.” This provision, according to the President seeks to ensure fairness in the identification process.
To simplify the application process, the President also directed that “if the applicant’s application is supported by a letter from the local authorities (and corroboration by notable elders, where necessary), the applicant should be promptly issued with a national identification card or passport.”
Citizenship of Children
On a significant note, the President’s Executive Order acknowledged how the current laws do not automatically confer citizenship to children of Ugandans by birth or naturalization and therefore directed the Minister of Internal Affairs and the Attorney General to address this legal anomaly promptly.
“Presently, the law does not accord automatic citizenship to children of citizens by birth and by naturalization. A citizen produces a citizen. The Minister of Internal Affairs and the Attorney General are directed to immediately have this anomaly addressed,” he directed.
The President’s Executive order comes against the backdrop of numerous complaints from a group of Banyarwanda who were born and raised in Uganda, who on several occasions cited human rights violations from authorities.
The group claimed that they were being denied identification documents such as passports and national identity cards, despite being Ugandan citizens of the Banyarwanda tribe.
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