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The Parliament of Uganda has dealt a big blow to the Ugandan-Rwandese who had sought its intervention over what they call violations of their rights as Ugandan citizens.
The group, under the umbrella body of the Council of the Abavandimwe, had petitioned the House in April this year, accusing the Ministry of Internal Affairs of denying them national IDs and passports.
Headed by Frank Gashumba, the petitioners informed the House that the ministry had lately become more hostile to them and even confiscated passports previously held by some of the members.
Speaker Anita Among referred the petition, presented on the group’s behalf by Kalungu MP Joseph Gonzaga Sewungu, to the Committee on Defence and Internal Affairs for scrutiny.
Read: Government responds to Gashumba on Rwandans denied national IDs, passports
What the law says
On Friday, the committee presented its report, dismissing most of the concerns raised by the Abavandimwe.
The MPs noted that Ugandan-born Rwandans cannot claim citizenship by birth unless they can trace their Ugandan ancestry as per constitutional provisions.
Article 10 of the Ugandan constitution provides that for a person to be a citizen of Uganda by birth, either of their parents or grandparents must have been a member of an indigenous ethical community in Uganda as of February 1st 1926.
The Banyarwanda have been recognised as an official indigenous tribe in Uganda since the 1900 National Census, conducted by the British Colonial Government.
Petition dismissed
However, according to committee members, without proof of lineage, Ugandan Rwandese cannot expect to be recognised as citizens by birth.
“Classification of the Banyarwanda nationality as an Indigenous tribe confuses their citizenship rights in Uganda,” noted Hon Wilson Kajwengye, the Defence committee chairman.
“As such, the Ministry of Internal Affairs must ensure that national IDs and passport applications are highly scrutinised to ensure that applicants prove eligibility,” the committee recommended.
“When uncertainties arise, indigenous communities must be recognised by their ethnic lineage.”
“The Banyarwanda who cannot trace their lineage should seek alternative Ugandan citizenship and use legal processes if they disagree with NIRA and DCIC decisions.”
Response from Abavandimwe
Following the disappointing decision by the committee, the Abavandimwe are still keen on pursuing an amendment of Article 10 of the constitution.
Council Fred Mukasa Mbidde, their lawyer, argues that the provision is unlawful as there is no practical way of proving one’s lineage from 100 years ago.
“If there were such records of ethnic communities in Uganda by 1926, such a record book would have been maintained by the government and all the citizens would need to do is refer to it,” he said.
“You cannot ask an individual passport applicant to allude to an official document that does not exist. That is why we seek an amendment of the law.”