Burundi

Dual Citizenship Burundi

Allowed

While Burundi clearly allows dual citizenship, however the Burundian law does not explicitly address the issue of holding more than two nationalities. If the law does not clearly prohibit multiple citizenships, in our opinion individuals may be able to hold more than two nationalities, depending on the nationality laws of the other countries involved.

In Burundi, dual citizenship is accepted for individuals of Burundian origin under Article 21 of the Burundian Nationality Code. This allows Burundians who acquire foreign nationality to retain their Burundian citizenship without renouncing it. However, certain conditions and restrictions apply.

Individuals of Burundian origin who lost their nationality after acquiring another may apply to regain it without giving up their foreign nationality (Article 22). Adopted children, upon reaching adulthood, can also regain Burundian nationality without losing their adoptive nationality (Article 23). Minor children automatically receive dual citizenship if their father, or mother (if paternity is not established), acquires dual nationality (Article 25).

Dual citizens are obligated to fulfil civic duties in Burundi and cannot use their foreign status to avoid them (Article 26). Additionally, they must register their dual citizenship with Burundian authorities, ensuring it is recorded in the nationality register along with the name of the other state (Article 29).

The Burundian Nationality Code establishes that nationality is transmitted by descent, following the principle of jus sanguinis, where children inherit nationality from their parents. Both fathers and mothers are recognised as transmitters of Burundian nationality, as outlined in Article 3 of the Code.

Legitimate children born to a Burundian father, even if born abroad, automatically acquire Burundian nationality at birth, regardless of their birthplace (Article 2, point a). For natural children, nationality can be passed through the mother, even if paternity is not established, ensuring that children without recognised fathers can also acquire Burundian nationality (Article 2, points c and d).

However, it is important to note that the Burundian Nationality Code has yet to be reformed, despite contradictions with the 2018 Constitution of the Republic of Burundi, which grants women the right to transmit their nationality to their children. This inconsistency highlights the need for an update to the Nationality Code to align with current constitutional provisions.

In conclusion, the Burundian Nationality Code provides an inclusive framework for acquiring nationality by descent, ensuring that both legitimate and natural children can inherit Burundian nationality. However, reforms are necessary to fully reflect the constitutional right of women to transmit their nationality.