The stateless population in Uganda is currently unknown. Identification of stateless person serves as a foundation for constructing an effective response to prevent and reduce statelessness and to address any gaps in the protection of stateless persons. The limited information on stateless populations including specific information on the size, location, profile of the population and the cause of their statelessness often makes their problem invisible.
In the case of Uganda, nationality legislation lacks safeguards to prevent statelessness among children born on the territory. While Uganda has, commendably, been a State Party to the 1954 Convention relating to the Status of Stateless Persons since 1965, it has not acceded to the 1961 Convention on the Reduction of Statelessness (although some efforts have been made), which is vital for regularizing the situation of its stateless populations who have no ties with any other country. Accordingly, children born in Uganda to non-citizens will be stateless if their parents are stateless or, if they possess a nationality, but are unable to confer nationality under the laws of their State. It is also noted that the transmission of citizenship from parent to child is limited to members of the “indigenous communities” of Uganda listed in the third schedule to the 1995 constitution.
Yet communities such as the Indians, the Maragoli, Benet, Bakingwe and Bagabo and the Nande, to mention a few, were within the country in 1926 when the border demarcation was conducted. In essence, the 1995 Constitution attributes nationality at birth to members of 65 ethnic groups, which gives the jus soli (right of the soil) provision only to those who are members of an “indigenous community” and therefore does not afford sufficient protection against statelessness for those not belonging to any indigenous community. This classification of citizenship using an indigenous class is discriminatory and creates the risk of statelessness. As the Ugandan nationality legislation lacks safeguards to prevent statelessness among children born in the territory, children without birth registration are at risk of becoming stateless.
UNHCR, in line with the UNHCR’s Global Action Plan to End Statelessness, will continue to support the national task force to commence work on the National Action Plan to eradicate Statelessness in Uganda, provide capacity building training in 2021 and continue to promote the accession to the 1961 Convention on the reduction and prevention of statelessness.
Beyond the capacity building training conducted for the designated Government focal point and training of stakeholders and line ministries in 2018. Additional Trainings was carried out on the media in 2020 and it is hoped more capacity building for line ministries and stakeholders will be done in 2021 and beyond while observing Covid-19 guidelines.