Executive Order: Streamlining Citizenship Processes and Issuance of Identification Documents in Uganda

By John Kusolo

Date Issued: 23rd January 2025

Authority: H.E. the President of the Republic of Uganda

Legal Basis: Article 99 (1) and (4) of the 1995 Constitution

In response to widespread concerns about delays and inefficiencies in the issuance of passports and other identification documents, Uganda's President has issued an Executive Order aimed at addressing these challenges. The directive specifically targets administrative inefficiencies within the Directorate of Citizenship and Immigration Control (DCIC) to ensure that Ugandan citizens can access their identification documents promptly and with dignity.

This initiative emphasizes that citizenship is a fundamental right enshrined in Chapter 3 of the 1995 Constitution, which recognizes three categories of citizenship:

Citizenship by Birth

Citizenship by Registration

Citizenship by Naturalization

The Executive Order underscores the importance of efficient service delivery and adherence to constitutional provisions to uphold the rights and dignity of all Ugandans.

*Key Issues Addressed*

Although the legal framework governing citizenship is clear, its implementation has faced significant challenges. Citizens applying for passports and identification documents have reported:

Excessive documentation requirements.

Arbitrary delays in processing.

Instances of perceived harassment during the application process.

The Executive Order identifies these inefficiencies as obstacles to citizens exercising their constitutional rights and calls for immediate reforms to streamline operations within the DCIC.

Presidential Directives

The Executive Order outlines specific measures aimed at eliminating bottlenecks and ensuring the timely issuance of identification documents:

1. Right to Identification and Travel Documents

Every Ugandan citizen has the inherent right to obtain a passport or travel document and to freely enter, leave, and return to the country. The directive emphasizes that this constitutional right should not be hindered by unnecessary bureaucracy.

2. Adherence to Legal Provisions

The DCIC is mandated to comply with Section 40 of the Citizenship and Immigration Control Act (Cap. 313), which requires only the production of a National Identification Number (NIN) and any other legally prescribed documents. Any additional requirements must be lawful, publicly documented, and clear.

3. Upholding Constitutional Provisions

All administrative processes must align with the Constitution and relevant laws governing citizenship. Transparency and fairness must guide all procedures related to verifying citizenship and issuing identification documents.

4. Respect for Citizens’ Dignity

Authorities must ensure that processes for proving citizenship uphold the dignity of applicants. Imposing unnecessary or unlawful requirements that frustrate or demean citizens is prohibited.

5. Recognition of Citizenship by Birth

The directive affirms that citizenship by birth is inherent and requires no validation by immigration officers unless credible evidence is presented to dispute the claim.

6. Burden of Proof on Immigration Officials

In cases where an applicant’s citizenship is in doubt, immigration officials must present credible evidence to challenge the claim. Such cases should be referred to the National Identification and Registration Authority (NIRA) for further investigation under the Registration of Persons Act.

7. No Unlawful Confiscation of IDs

The DCIC is prohibited from confiscating or canceling National ID cards issued by NIRA without proper legal procedures. Anomalies must instead be reported to NIRA for correction.

8. Non-Mandate of Investigating Citizenship by Birth

The DCIC has no authority to investigate claims of citizenship by birth. Any concerns must be referred to NIRA following the appropriate legal framework.

9. Required Documents for Citizenship Registration

NIRA is required to accept legally prescribed documents, such as birth certificates, voter’s cards, or driving permits, for citizenship registration. No additional documents should be demanded beyond what the law prescribes.

*Implications of the Executive Order*

The Executive Order seeks to achieve the following objectives:

1. *Streamlining Administrative Procedures*

The order eliminates unnecessary documentation requirements and procedural delays, simplifying the process for Ugandans seeking passports and other identification documents.

2. *Ensuring Transparency and Fairness*

The directive reinforces transparency and fairness in the determination of citizenship and the issuance of documents, holding authorities accountable for their actions.

3. *Eliminating Bureaucratic Bottlenecks*

By addressing inefficiencies, the Executive Order ensures a smoother, faster process for applicants, reducing frustration and delays.

4. *Reinforcing Citizens’ Rights*

The directive guarantees that Ugandans, especially those claiming citizenship by birth, can exercise their constitutional rights without undue interference or harassment.

5. *Restoring Public Trust*

By resolving administrative inefficiencies, the directive seeks to rebuild public confidence in Uganda’s immigration and registration systems, ensuring better service delivery.

The issuance of this Executive Order represents a decisive step toward improving the administration of citizenship processes in Uganda. By addressing systemic inefficiencies, the directive reaffirms the government’s commitment to safeguarding citizens' constitutional rights and ensuring efficient, dignified, and lawful procedures for obtaining identification documents.

The Executive Order establishes a clear framework for enhancing accountability, fairness, and transparency within the Directorate of Citizenship and Immigration Control. It reflects the government’s dedication to fostering a sense of trust and respect between citizens and state authorities while ensuring that the rights of all Ugandans are upheld and respected.