Uganda: Abdu Abucar Hussein and 7 others v. Attorney General
Published: 18/Mar/2022
Source: Uganda High Court
CIVIL SUIT NO. 437 OF 2019
JUDGMENT
The plaintiffs instituted this suit against the defendant seeking for orders that;
- A declaration that the plaintiffs and other eligible members of the Uganda Somali’s Community are citizens by birth.
- A declaration that the members of the 8th Plaintiff are citizens by birth.
- A declaration that the Plaintiffs and other eligible members of the Uganda Somali’s community are entitled to issuance and renewal of Ugandan identification and citizenship related documents
- A declaration that members of the 8th plaintiff are entitled to issuance and renewal of Ugandan identification and citizenship related documents.
- An order 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.
- An order that the National Identification Regulatory Authority issues national identity cards to the eligible members of the 8th plaintiff.
- A declaration that the circular issued by the Deputy Passport Control Officer, Mr. Namara Anthony is irregular, null and void.
- Costs of the suit.
The facts of this case are that; the plaintiffs were born in Uganda and to Ugandan parents who they allege to have lived in Uganda all their lives and are entitled by law to all benefits of citizenship. However, the defendant’s agencies; the Directorate of Immigration and Citizenship and the National Identification and Registration Authority have denied the recognition of their citizenship by birth and access to and renewal of travel documents such as passports and identification documents such as the Ugandan National Identity card by verifying their citizenship by providing evidence of certificate of registration or naturalization or proof of intermarriages with the indigenous community in Uganda which discriminatory, unfair and illegal.
[…]
This court therefore finds that the plaintiffs that were born in Uganda one of whose parents or grandparents is or was a member of indigenous communities existing within the borders of Uganda at 1st February, 1926 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. The circular issued to give guidance is very erroneous, skewed and gives whims to immigration officers to determine citizenship by looking at skin colour based on indigenous Ugandans which is extremely dangerous, derogatory and discriminatory.
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The right to be a citizen of a state has been called “man’s basic right for it is nothing less than the right to have rights.” With citizenship being the “right to have rights,” stateless persons have traditionally been seen as having no rights.
I therefore find that the actions of the defendant’s officers were unlawful and in contravention of the Articles of the Constitution and other laws and their actions may render the plaintiffs and other persons in that category stateless due to denial of citizenship which is a violation of Uganda’s international obligations.
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Having found that the defendant’s actions were unlawful and in contravention of the Constitution and the Citizenship and Immigration Act, this court makes the following orders;
- A declaration that the circular issued by the Deputy Passport Control Officer, Mr. Namara Anthony is irregular, null and void.
- An order that the defendant declares the plaintiffs that fulfill the requirements under Article 10 of the Constitution and section 12 of the Citizenship and Immigration Control Act as citizens by birth.
- A declaration that the eligible Plaintiffs and other eligible members 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.
- An order 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.
[…]
Download judgment: Uganda High Court ABDU ABUCAR HUSSEIN & 7 ORS vs AG