Uganda’s President Signs Executive Order to Protect Citizenship Rights and Ensure Fair Passport Issuance

The directive follows complaints regarding mistreatment of citizens, particularly members of the Banyarwanda community, in the passport application process.

President Yoweri Kaguta Museveni has signed a significant Executive Order aimed at safeguarding citizenship rights and addressing complaints related to the passport issuance process in Uganda. The order was signed on the 24th of January, 2025, invoking the authority granted under Article 99(1) and (4) of the Constitution.

In a statement, the President acknowledged the numerous complaints he has received regarding the treatment of individuals applying for passports, particularly those whose citizenship status has been questioned by authorities. This primarily concerns the Banyarwanda community, who, despite being born and raised in Uganda, have faced challenges in obtaining official documents such as passports and national identity cards due to questions raised about their citizenship.

Key Provisions of the Executive Order

The order clarifies that the issue surrounding citizenship and identity documentation is not rooted in gaps within the law itself, but rather in its administration. President Museveni emphasized that Chapter 3 of the 1995 Constitution clearly defines three forms of citizenship: citizenship by birth, citizenship by registration, and citizenship by naturalization. He assured that the law already provides comprehensive solutions to the issue, but the challenge lies in how the law is applied.

“To address this challenge, I hereby direct as follows: Every Ugandan citizen has an inherent right to a passport or other travel documents,” President Museveni stated, underlining that all Ugandan citizens are entitled to enter, leave, and return to Uganda without undue obstacles.

Administrative Changes and Directives for Immigration Officials

The President specifically directed that when passport applications are received, officials from the Directorate of Citizenship and Immigration Control should adhere strictly to the provisions of Section 40 of the Citizenship and Immigration Control Act, Capt. 313. This section stipulates that applicants must provide their National Identification Number (NIN) and meet other standard requirements, but it does not allow immigration officers to apply additional arbitrary measures.

“All administrative processes, especially those requiring proof of citizenship by birth, must respect the dignity of all applicants,” he asserted. Museveni further clarified that citizenship by birth is inherent and does not need to be granted by immigration officers. There must be a presumption of citizenship unless there is solid evidence to the contrary.

In an effort to streamline the process, the President also instructed that National Identity cards issued by the National Identification and Registration Authority (NIRA) must not be confiscated or canceled without following the proper due process outlined by law.

Addressing Gaps in Citizenship Law

One notable point raised by the President is a legal gap regarding automatic citizenship for children of Ugandan citizens. Currently, the law does not confer automatic citizenship to the children of Ugandan citizens born abroad or to those who acquire citizenship through naturalization. Museveni directed the Minister of Internal Affairs and the Attorney General to urgently address this issue in the law.

He emphasized that the issue of citizenship should not be treated as a point of contention for citizens seeking official identification documents. He pointed out that “A citizen produces a citizen,” reinforcing the idea that children of Ugandan citizens are automatically entitled to citizenship.

The Banyarwanda Community and Human Rights Concerns

The Banyarwanda community, a significant ethnic group in Uganda, has voiced concerns about human rights violations and the denial of citizenship rights in the past. Many of them have been born and raised in Uganda but faced obstacles in obtaining the necessary documentation to prove their citizenship. President Museveni acknowledged these concerns and promised to take action to ensure that no citizen is unjustly deprived of their right to citizenship and associated identification documents.

This Executive Order is part of the President’s broader commitment to promoting human rights and ensuring that all Ugandans are treated with dignity and respect, regardless of their ethnic background or the complexities of their citizenship status.

 

The Executive Order signed by President Museveni is expected to provide much-needed clarity and fairness in the administration of citizenship and the passport issuance process in Uganda. It highlights a strong commitment to protecting citizenship rights and addressing long-standing grievances, especially those voiced by the Banyarwanda community. The changes aim to ensure that all Ugandan citizens are able to access travel documents without unnecessary delays or discrimination, reinforcing the government’s stance on equality and fairness in the administration of citizenship and identity matters.