KAMPALA, Uganda
The High court in Kampala has ordered the Immigration office to give people of Somali origin Ugandan citizenship as long as they fulfil the requirements of the law.
The judgment issued through
email by justice Musa Ssekaana arises from a case filed in 2019 by seven
members of the Somali Community in Uganda and a civil society organization who
had been denied citizenship by Ugandan authorities.
The members are; Abdu Abucar Hussein, Abdullah Ahmed Shiek, Yahaya Yusuf, Hirsi
Mohamed, Abdinassir Hussein Shire, Mohamed Abduwel Abdulla, Ahmed Noor Osman
and Multiracial Community Uganda (MCU) Ltd. The aggrieved people were born in
Uganda and to Ugandan parents, who, they said had lived in Uganda all their
lives.
The petitioners sued government after the Immigration office declined to give
them citizenship, saying that they can only acquire citizenship once they have
been naturalized into the community. The petitioners however declined, arguing
that they were not refugees to be neutralized but rather citizens by birth
since they were born in Uganda.
The Immigration office sought the opinion of the attorney general who opined
that for as long as the people were able to prove that they were born in
Uganda, they should be given citizenship by birth.
However, the Directorate of Immigration and Citizenship and the National
Identification and Registration Authority denied recognition of their
citizenship by birth and access to key documents like passport and national
identity cards (IDs).
On March 15, 2007, the deputy passport control officer, Anthony Namara wrote to
all processing officers saying that “any immigration officers worth his salt
must be able to tell a non-citizen from an indigenous person."
He further stated that
"other tribes like the Somalis, Indians, Yemenis can never be citizens by
birth unless there was an inter-marriage with local communities as listed in
the Constitution," he said.
The complainants were represented by Francis Gimara, Lastone Gulume and Elias
Habakurama and Plasto Byabakama while government was represented by Charity
Nabaasa .
The counsel for the petitioners told court that Article 9 of the 1995
Constitution provides that persons who were citizens of Uganda before the
coming into force of the 1995 Constitution remain citizens whether or not they
belong to the indigenous community in Uganda.
Gimara submitted that
government however unlawfully neglected or ignored the binding opinion of the
attorney general and continued to deny the petitioners citizenship by birth.
Gimara further said that his clients submitted evidence of their places of
birth in Uganda to the government institution and they were still not given the
service. That the said people are multiracial which means that they had one
parent from India, Somalia, Yemeni, Oman and some are half-castes with either
parent from indigenous communities like Basoga, Baganda, Nubian, Banyankole,
Batoro among others and were born in Uganda; whose parents were born in Uganda
as well as their grandparents.
Uganda Citizen and Immigration Control Act, Cap.66 provides that all persons
born in Uganda whose parents or grandparents was or is a member of the
indigenous communities existing in Uganda as of 1st February 1926 as set out in
the third schedule to the Constitution is a citizen of Uganda.
Ssekaana ruled that the circular issued by Anthony Namara was done in error and
that immigration officers do not have powers to determine citizenship by
looking at skin colour based on indigenous Ugandans which is extremely
dangerous, offensive and discriminatory. The justice hence cancelled out
Namara’s guidance to other immigration officers.
In his ruling, Ssekaana also found that the petitioners were born in Uganda and
that one of each of the people listed had their parents or grandparents from
the indigenous communities.
“…and those born to parents or grandparents who at the time of birth were a
citizen of Uganda are citizens of Uganda by birth and should be declared as
such upon providing the required documentation,” said Ssekaana.
He further ordered that petitioners and other member of the Uganda Somali’s
community that qualify for citizenship by birth are entitled to issuance and
renewal of Ugandan identification and citizenship related documents.
He also directed that the Directorate of Citizenship and Immigration Control
issues national identity cards to eligible applicants who are Ugandans of
Somali origin as citizens by birth.
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