President Yoweri Museveni has issued an Executive Order aimed at addressing bureaucratic challenges in the issuance of passports and other identification documents to Ugandan citizens.
The directive, signed under Article 99(1) and (4) of the 1995 Constitution, seeks to eliminate unnecessary administrative hurdles and protect citizens’ rights in obtaining legal documents.
Museveni noted that he has received numerous complaints about how Ugandans are treated during passport applications, particularly concerning citizenship verification. He emphasized that the 1995 Constitution already clearly defines three types of citizenship: by birth, registration, and naturalization. The problem, he stated, lies not in the law itself, but in its administration.
Key Directives in the Executive Order
- Citizens’ Right to Identification Documents: Every Ugandan citizen has the right to obtain a passport or travel document and freely enter, leave, and return to Uganda.
- Streamlined Passport Application Process: The Directorate of Citizenship and Immigration Control (DCIC) must follow Section 40 of the Citizenship and Immigration Control Act, Cap. 313, which requires only a National Identification Number (NIN) and any legally prescribed requirements to process passport applications.
- Dignity in Citizenship Verification: All administrative procedures must uphold the dignity of applicants, and no requirements beyond those specified in the law should be imposed.
- Presumption of Citizenship by Birth: Immigration officials must presume a person is a citizen by birth unless they have credible evidence to the contrary. The burden of proving inaccuracy in an applicant’s information lies with the government, not the applicant.
- No Unlawful Confiscation of National IDs: The DCIC cannot confiscate or cancel National Identity Cards issued by NIRA (National Identification and Registration Authority) without following due legal process. Any suspected anomalies must be resolved through NIRA.
- Clarifying the Role of DCIC: The Directorate of Citizenship and Immigration Control is not mandated to investigate citizenship by birth. If questions arise, DCIC must refer the matter to NIRA as per the Registration of Persons Act, Cap. 332.
- Accepted Documents for Citizenship Verification: NIRA must recognize documents such as a birth certificate, voter’s card, driving permit, baptism certificate, or a statutory declaration made by a relative as sufficient proof of identity.
- Equal Treatment of Applicants: Citizenship verification must be free from tribal, ethnic, or community-based discrimination.
- Role of Local Leaders in Verification: If an applicant provides a letter from local authorities (including LC1, LC2, GISO, or RDC) and is supported by notable elders, they should be promptly issued with a National ID or passport. However, if it is later proven that the applicant is not a citizen, the documents may be canceled.
- Amendment of Citizenship Laws: The Minister of Internal Affairs and the Attorney General have been directed to address the legal anomaly where children of citizens by birth and naturalization are not automatically granted citizenship.
Implications of the Executive Order
This directive is expected to streamline Uganda’s citizenship verification process, making it easier and more transparent for Ugandans to obtain passports and other official documents. The President’s order also seeks to protect citizens from discrimination and administrative delays caused by unnecessary investigations into their nationality.
With this move, the government aims to reduce bureaucracy, enhance efficiency in service delivery, and safeguard the constitutional rights of Ugandans seeking identification documents.
Public Reaction and Implementation
The Executive Order is likely to receive mixed reactions from different stakeholders, including immigration authorities, local leaders, and civil society organizations. While many Ugandans may welcome the move as a relief from administrative bottlenecks, immigration officials may need clear guidelines on implementation to ensure compliance.
The Ministry of Internal Affairs and NIRA are expected to issue detailed guidelines soon on how these changes will be put into effect.
