How CA delegates resolved the citizenship question

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The question of citizenship during the Constituent Assembly (CA) was not only emotive, it was also one of the most polarising topics that delegates who framed the 1995 Constitution dealt with.

According to some delegates, this was more than a legal definition. It was about identity, belonging and survival. Who is a Ugandan? Who truly has the right to belong? And how could the nation balance sovereignty with compassion for those left stateless by history and conflict?

These questions weighed heavily on the assembly and shaped some of its most intense discussions. To resolve these questions, journalists that covered the proceedings at the time, said delegates had to balance four big concerns: Who is a Ugandan by birth, how to deal with registration and naturalisation, whether to allow dual citizenship and how to prevent statelessness, especially among children of unknown parentage.

In the end, delegates agreed that the Constitution should entrench three primary forms of citizenship by birth, by registration and by naturalisation.

THORNY DEBATE

However, the road to this settlement was filled with sharp exchanges, sober reflections and moments of humour from the delegates.

For instance, the former Chief Justice, Bart Magunda Katureebe, who was the Bunyaruguru delegate, asked fellow delegates not to wash away the plight of children, many of whom were victims of war and circumstance, when determining forms of citizenship.

“As a result of wars, there are many children who are loitering in the country and may never know their parents. In the babies’ homes, there are children who may never know their parents. And yet we, as men and women, we are responsible for the pregnancies. We must decide what we are to do for those people,” he said.

Katureebe warned that political disagreements in Uganda had often led to dangerous accusations of foreignness.

“In Uganda, if people differ politically, they begin to call each other names. Some people are calling others Banyarwanda, others Anyanya. Take the case of Prof. Mahmood Mamdani of Makerere University, who was being denied his citizenship in the 1980s because he had disagreed with some government officials on policy,” he said, noting that the question of citizenship exposed the deep wounds of Uganda’s political past, where accusations of foreign origin had been weaponised to exclude people from belonging.

EXTREME VIEWS

Dick Mukuve Bateganya, the delegate for Bukhooli Central, took an extreme stance, noting that dual citizenship should not be given any green light because foreigners had sometimes benefited too much at the expense of Ugandans.

“Some foreigners have sometimes ‘eaten’ more than Ugandans and this should be guarded against because the Constitution is all about eating,” he said, drawing laughter from the House.

Bateganya also rejected a proposal mooted by some delegates that foreigners should acquire Ugandan citizenship if they are married to Ugandans for at least three years.

He also called for clarity on the status of Ugandan-Banyarwanda, saying: “We must redefine Ugandan Banyarwanda to save them from being mistaken for Rwandan citizens.”

Buzaaya county delegate Isaac Musumba proposed a more practical measure to safeguard citizenship, noting that: “Citizens should be issued with national identity cards for identification.”

Another strong voice in the debate came from Butebo County delegate James Okanya, who argued for a stricter approach to citizenship.

He said Ugandan citizenship should only be by birth, adoption and registration, noting that: “The 1962 position on citizenship should be upheld and not the 1926.”

Okanya also firmly rejected the idea of foreigners acquiring citizenship through what he called “maliciously intentioned naturalisation.” He proposed the creation of a strong immigration board appointed and confirmed by Parliament to regulate the process.

Drawing comparisons with neighbouring countries, Okanya said: “Uganda has been the most lax country in the region. One cannot enter Kenya illegally and get out of it scot free, and so is the situation in Tanzania. Aliens from Kenya, Tanzania and other neighbouring countries have entered Uganda and naturalised into our society after acquiring property. This is not possible in their own countries.”

He concluded by urging the assembly to: “Adopt mean citizenship laws that will restore credibility and pride to this Pearl of Africa.”

Realising the acerbic turn of the debate, some CA members such as Chekwi delegate William Naburi, also weighed in, expanding the discussion beyond citizenship into governance and identity.

Makindye East delegate Ssebaana Kizito (now deceased), a respected political voice in CA, rooted for a balance between belonging and sovereignty.

Ultimately, the 1995 Constitution settled on a compromise. Citizenship by birth was clearly defined to include those born within Uganda to parents or grandparents belonging to indigenous communities as of 1926, as well as those born abroad to Ugandan parents.

Citizenship by registration and naturalisation were also provided for, with strict conditions. Dual citizenship was rejected at the time, it was reintroduced in 2005, reflecting the continuing evolution of this sensitive issue.

CONSTITUTIONAL RULE

When the National Resistance Army (NRA) overran Kampala under the leadership of President Yoweri Museveni, the journey to transit to constitutional rule started almost immediately with the issuance of Legal Notice No. 1 of 1986.

The legal notice established the legal framework for the NRM government, vesting legislative powers in the National Resistance Council and outlining the code of conduct for the NRA.

The Constituent Assembly, which comprised representatives elected by the people under the chairmanship of James Wapakhabulo on September 22, 1995 promulgated the Constitution effectively replacing the one of 1967. In the run-up to October 7, New Vision will publish stories that showcase the country’s progress under the constitution.

VISION GROUP MAGAZINE

To commemorate the 30th anniversary of Uganda’s Constitution promulgation, Vision Group will on October 7, publish a comprehensive magazine that highlights the milestones covered under the Constitution.