In a letter to the Research Directorate dated 16 September 2002, a legal adviser with the Ottawa delegation of the United Nations High Commissioner for Refugees (UNHCR) provided the following information on the acquisition of Burundian nationality:

[translation]

Burundi's new Nationality Code was adopted on 3 May 2001 by the transitional National Assembly and promulgated shortly thereafter by the President of the Republic. This new code expands the 1971 Nationality Code by recognizing the acquisition of Burundi citizenship through birth (jus sanguinis), through presumption of law (jus soli), through marriage (acquisition by declaration) to a Burundian citizen, and through re-acquitision by simple declaration.

The new Nationality Code continues to differentiate between men and women in the acquisition of citizenship by marriage. A foreign woman who is married to a Burundian man may acquire Burundian nationality by simple declaration. However, a foreign man who is married to a Burundian woman can only acquire citizenship through naturalization, under the conditions set out below.

The new code recognizes the principle of dual citizenship. Burundians who had found asylum in foreign countries and, under the former citizenship legislation, lost their nationality of origin when they acquired a new nationality can re-acquire Burundian citizenship by means of a declaration to the Minister of Justice.

...

Under the new Nationality Code, foreigners living in Burundi may acquire Burundian nationality by naturalization or by presidential decree. For a naturalization application to be considered valid, the applicant must be at least 21 years of age at the time of the application and must have been a permanent resident for at least ten years. ... This residency requirement is lowered to five years in the case of a foreigner who is married to a Burundian woman, and to two years in the case of a foreigner who has served Burundi in an exceptional manner. Applicants must also demonstrate that they are of good conduct and character, have no criminal convictions, have an attachment to the nation and have been assimilated into the population.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

United Nations High Commissioner for Refugees, Ottawa delegation. 16 September 2002. Correspondence from a legal adviser.

The Embassy of Burundi in Ottawa did not respond to an information request within time constraints.

IRB Databases.

Resource Centre country file. Burundi.

Internet sites including:

Africatime.

Allafrica.

Burundi.net.

Government of Burundi.

Umuco.com.

UNHCR.