Registration of Persons Act, 2015

Section Application Section Notwithstanding subsection (1), this Act does not apply— This Act applies to the registration of all persons in Uganda. to a person who is not a resident or a person visiting Uganda for a period not exceeding ninety days; to a refugee recognised by the Government and the United Nations High Commissioner for Refugees.

Section Purpose of the Act Section The purpose of this Act is— to remove duplication from the processes and laws relating to registration of persons; to harmonise and consolidate the law on registration of persons; to establish a central registration body for the registration of all persons in Uganda; to establish a national identification register of all persons in Uganda; and to provide for access and use of the information contained in the national identification register.

Section Interpretation Section In this Act, unless the context otherwise requires— “ alien ” means a person who is not a citizen of Uganda; “ alien’s identification card ” means an alien’s identification card issued under this Act; “ applicant ” means an individual who makes an application for an entry to be made in the register or for the issue or re­issue of a national identification card or aliens identification card; “ Authority ” means the National Identification and Registration Authority established under this Act; “ Board ” means the Board of the Authority established under this Act; “ Citizen ” means a citizen of Uganda under the Constitution of the Republic of Uganda; “ currency point ” has the value assigned to it in Schedule 1; “ data ” means facts or information which may be— (a) recorded with the intention that it may be processed; or (b) recorded as part of a relevant filing system or with the intention that they form part of a relevant filing system; “ document ” includes any medium in which information is recorded, whether printed or on tape or film or by electronic means or otherwise and a map, diagram, photograph, film, microfilm, video-tape, sound recording, mac...

Section Disqualification from appointment Section A person shall not be appointed to the Board who— has been convicted of an offence under this Act or of an offence involving dishonesty or fraud by a competent court in Uganda or elsewhere; has been adjudged bankrupt under any law in force in Uganda and has not been dis-charged; has been convicted of an offence and sentenced to a term of imprisonment for six months or more without the option of a fine by a competent court in Uganda or elsewhere; or is a Member of Parliament, a Minister or a member of a local government council; or is a civil servant except those stated under section 9 (2)(b).

Section Tenure of office of members of the Board Section The Minister may, at any time suspend or remove a member of the Board only— Where a member is removed from office under this section, the Minister shall— A member of the Board shall hold office for four years and is eligible for reappointment for one further term. The chairperson and members of the Board shall hold office on terms and conditions specified in their instruments of appointment. A member of the Board may, at any time, resign his or her office by letter addressed to the Minister , giving notice of not less than one month. for inability to perform the functions of his or her office arising from infirmity of body or mind; for misbehaviour or misconduct; for incompetence; for absence without prior permission of the chairperson, or without reasonable cause to the satisfaction of the Minister , for more than four consecutive meetings of the Board ; for bankruptcy or insolvency; for conviction of a criminal offence, in Uganda or elsewhere, in respect of which the maximum penalty exceeds six months imprisonment without the option of a fine; or where information relating to the conduct of a member, which could have preclu...

Section Remuneration of members of the Board Section The chairperson and the members of the Board shall be paid such remuneration as may be specified in their instruments of appointment.

Section Functions of the Board Section Without limiting the general effect of subsection (1), the Board shall— The Board is responsible for the general direction and supervision of the Authority . oversee the operations of the Authority ; advise the Minister on registration and identification of persons, related policy and strategic issues; review and approve business and operating plans, budgets, reports and audited financial statements of the Authority ; establish and approve rules and procedures for appointment, promotion, termination, discipline, and terms and conditions of service of the staff of the Authority ; provide guidance to the Executive Director and staff of the Authority ; review the management of the Authority ; and perform any other function conferred by this Act or which may be necessary for the proper implementation of this Act.

Section Meetings of the Board and related matters Section Schedule 2 has effect in relation to meetings of the Board and other matters provided for in that Schedule.

Section Committees of the Board Section The Board may appoint committees— to inquire into and advise the Board on any matter concerning the functions of the Authority as the Board may refer to the committee; to exercise such powers or perform such functions of the Authority as the Board may delegate or refer to the committee. A committee appointed under subsection (1) shall consist of a chairperson and other persons, whether members of the Board or not, as the Board may determine. The Board may require a committee appointed under this section to act jointly or in co-operation with any other committee. The members of a committee appointed under this section may be paid such allowances as the Board may, with the written approval of the Minister , determine. Subject to any direction given by the Board , a committee appointed under this section may regulate its own procedure.

Section Delegation of functions of the Authority Section The Board may, by instrument of delegation, delegate to the chairperson, a member of the Board , an officer of the Authority or to a committee established under section 15 , any of the powers, duties or functions of the Authority under this Act. The terms and conditions regulating the exercise of the powers delegated under this section shall be contained in the instrument of delegation. A person aggrieved by the decision of a delegate in the exercise of powers under this section may appeal to the Board . A person shall, in the exercise of a delegated power under this section, comply with directions or guidelines as the Board may, from time to time, issue in writing.

Section Establishment of the National Identification and Registration Authority Section The Authority shall be a body corporate with perpetual succession and an official seal and may, for the discharge of its functions under this Act— There is established a National Identification and Registration Authority . acquire, hold and dispose of moveable and immovable property; sue and be sued in its corporate name; and do all acts and things as a body corporate may lawfully do.

Section Functions of the Authority Section The functions of the Authority are— to create, manage, maintain and operate the National Identification Register ; to register citizens of Uganda; to register non-citizens of Uganda who are lawfully resident in Uganda; to register births and deaths; to assign a unique national identification number to every person registered in the register; to issue national identification cards and aliens identification cards; to harmonise and incorporate into the register, where applicable, information from other databases in Government agencies relating to registration of persons; to verify and authenticate information relating to the registration and identification of persons; to collate information obtained under this Act and reproduce it as may be required, from time to time; to ensure the preservation, protection and security of any information or data collected, obtained, maintained or stored in the register; to promote the use of national identification cards to advance the economic, political and social activities in the country; to research on the developments in the identity management sector; and to perform such other duties which, in the opi...

Section Cooperation with other agencies Section The Authority shall cooperate with other government ministries, departments and agencies in the implementation of this Act. For the purpose subsection (1) all ministries, departments and agencies of government shall accord to the Authority such assistance as may be necessary to ensure the proper discharge of the functions of the Authority .

Section Powers of the Authority Section In carrying out the functions specified under this Act, the Authority may— establish a mechanism for collaboration and promotion of partnerships between various categories of players in the registration and identification of persons sector; charge fees for services provided by the Authority .

Section Powers of Minister Section The Minister may give directions in writing to the Authority with respect to the policy to be observed and implemented by the Authority , and the Authority shall comply with those directions.

Section Board of the Authority Section The Board shall comprise of— a representative of— The Authority shall have a Board , which shall be the governing body of the Authority . a chairperson; the ministry responsible for internal affairs; the Electoral Commission; the Directorate of Citizenship and Immigration Control; the Uganda Registration Services Bureau; the National Information Technology Authority - Uganda; and the Uganda Bureau of Statistics. two persons to represent the public, one of whom shall be the vice chairperson; and the Executive Director , who shall have no right to vote. The chairperson and the persons referred to in subsection 2(c) shall be appointed by the Minister from among persons with knowledge and proven experience in any of the following fields; registration of persons, law, information and communications technology, public administration, immigration management, national security or any other relevant field. The Minister shall, in appointing the members of the Board , ensure that there is a balance of skills and gender.

Section Executive Director Section The Executive Director shall cease to hold office where— The Authority shall have an Executive Director who shall be appointed by the Minister on the recommendation of the Board on terms and conditions specified in his or her instrument of appointment. The executive Director shall be a person of high moral character and proven integrity, with the relevant professional qualifications and experience. The Executive Director shall hold office for five years and is eligible for reappointment for one further term. he or she resigns; he or she is declared bankrupt or insolvent or has made an arrangement with his or her creditors; he or she is convicted of a criminal offence, in Uganda or elsewhere, in respect of which the maximum penalty exceeds six months imprisonment without the option of a fine; he or she is removed from office by the Board for inability to perform the functions of his or her office arising from infirmity of body or mind; or he or she is removed from office for misbehaviour, misconduct or incompetence.

Section Functions of the Executive Director Section Subject to this Act and to the general supervision and control of the Board , the Executive Director is responsible for— The Executive Director is responsible for the day to day operations and administration of the Authority . the implementation of the policies and programmes of the Authority and reporting on them to the Board ; the proper management of the funds and property of the Authority ; the organisation and control of the staff of the Authority ; the development of an operating plan to guide the Authority in achieving its objectives; co-operation with other lead agencies and organisations in matters related to registration of persons; the development of an economic, efficient and cost effective internal management structure; proposing and implementing the strategic plan, business plan and annual plan of the Authority ; ensuring that the policies of the Authority are implemented and that the agreed objectives, targets and service standards are met; providing advice as required on all matters within the Authority ’s responsibility; and performing any other duty necessary for the implementation of this Act as may be assigned...

Section Secretary to the Authority Section The secretary to the Authority shall be responsible for— There shall be a secretary to the Authority who shall be appointed by the Board on terms and conditions specified in the instrument of appointment. The secretary to the Authority shall be the principal legal adviser to the Board and the Authority ; arranging the business at meetings of the Board ; taking the minutes of the meetings of the Board ; keeping the records of the decisions and other policy records of the Board ; performing any other function assigned by the Executive Director In the performance of his or her functions, the secretary is answerable to the Executive Director . The secretary to the Authority shall possess the relevant professional qualifications.

Section Other officers and staff of the Authority Section The Board may appoint registration officers and other officers and staff of the Authority as may be necessary for the proper and efficient performance of the functions of the Authority . The employees appointed under this section shall hold office on such terms and conditions as may be determined by the Board and specified in their instruments of appointment. The Board shall regulate the manner of appointment, terms and conditions of service and the discipline of the staff appointed under this section.

Section Funds and sources of revenue of the Authority Section The funds and sources of revenue of the Authority shall consist of— money appropriated by Parliament for the purposes of the Authority ; grants, gifts or donations from the Government or other sources made with the approval of the Minister and the Minister responsible for finance; revenue earned from activities of the Authority under this Act; fees charged and civil fines and penalties recovered by the Authority ; and any other funds received by the Authority in the performance of its functions under this Act. All non-tax revenue raised by the Authority shall be remitted to the Consolidated fund.

Section Duty to operate on sound financial principles Section In the performance of its functions under this Act, the Authority shall have due regard to sound financial principles.

Section Power to open and operate bank accounts Section The Board with the authority of the Accountant General shall open and maintain such accounts as are necessary for the performance of the functions of the authority.

Section Borrowing powers Section Subject to Article 159 of the Constitution, the Board may with the approval of Parliament borrow money as may be required for meeting its obligations or for the discharge of the functions of the Authority under this Act.

Section Estimates Section The Executive Director shall, within three months before the end of each financial year, cause to be prepared and submitted to the Board for its approval, estimates of the income and expenditure of the Authority for the next financial year. The Board shall, within two months of receipt of the estimates referred to in subsection (1), cause to be submitted to the Minister for his or her approval, the estimates of income and expenditure as approved by the Board .

Section Financial year of Authority Section The financial year of the Authority shall be same as the financial year of Government.

Section Accounts and audit Section The Authority shall keep proper books of accounts and all records relating to the transactions and affairs of the Authority . The Auditor General or an auditor appointed by the Auditor General shall, in each financial year, audit the accounts of the Authority . The Auditor General or an auditor appointed by the Auditor General shall within three months after receipt of the accounts submit to Parliament a report on the audited accounts of the Authority . The Auditor General shall submit the audited accounts of the Authority to Parliament in accordance with the Public Finance Management Act, 2015.

Section Designation of registration centres in Uganda Section The Authority shall by notice in the Gazette designate registration centres for the purpose of registration. For the purposes of subsection (1), the Authority may use the polling stations created by the Electoral Commission. Notwithstanding subsection (1), the Authority may adopt other means that it considers appropriate to access persons to be registered.

Section Registration centres abroad Section The official premises of a Uganda Mission shall serve as a registration centre for the purpose of this Act. Notwithstanding subsection (1), the Board may designate other locations outside Uganda as registration centres after consultation with the Minister responsible for foreign Affairs.

Section Responsibilities of registration officers Section A registration officer shall— ensure the accurate recording of information of an applicant ; exercise control over the registration processes at a registration centre; have custody of registration forms, equipment and other materials assigned to the registration centre; promptly and in the most practicable manner report any difficulty that is encountered at the registration centre; at the close of each month, forward personally to the supervising officer a return of the registrations made in the month in the prescribed form.

Section Non-disclosure of information by registration officers Section A registration officer or a person , who processes personal data on behalf of the Authority , shall treat the information which comes to the knowledge of the person as confidential and shall not disclose the information unless required by law.

Section Compulsory registration of births Section Subject to this Act, registration of every birth within Uganda is free and compulsory.

Section Registration of birth Section A registration officer in charge of a registration area shall register births and shall enter in the register, or cause to be entered, the prescribed particulars of every birth notified. Upon registration of a birth by a registration officer , the Authority will allocate a National Identification Number to a child identified as a citizen of Uganda or Alien Identification Number to a child identified as an alien .

Section Period for registration of birth Section A parent, guardian or the person having charge of a child, shall immediately after the date of birth or finding of a child notify the registration officer for the purpose of registration of the birth of that child. A birth not registered immediately, shall not be registered unless the registrar is satisfied as to the truth of the particulars and is directed to register them by the Executive Director .

Section Duty to give notice of birth Section Upon the birth of a child, it is the duty of— both the father and mother of the child; in the absence of the father or the mother or in the absence of either parent or in circumstances where the available parent lacks capacity to inform on the birth, the occupier of the house in which the child is born; or in the absence of any of the stipulated informants under paragraphs (a) and(b), the guardian or the person having charge of the child, shall give notice of the birth to the registration officer of the registration area in which the birth occurs within such time as may be from time to time prescribed. Where a birth occurs in a prison, hospital, orphanage, barracks or quarantine station, the officer in charge of the establishment in which the birth takes place shall ensure that the parents or guardian or person having charge of the child notify the registration officer of the birth.

Section Mode of registration of births Section The registration officer shall before entering any information in the register, ensure that a person giving notice under subsection (1) provides the following particulars— A person giving notice of the birth of a child shall give the prescribed particulars, which shall be entered forthwith by the registration officer in the register, and the person notifying the birth shall certify to the correctness of the entry by signing or by affixing a mark to the register. in respect of a birth; the name, sex, date, disability if any weight at birth, place and district of birth; in respect of the mother; the name, age, marital status, usual residence, nationality, National Identification Number or Alien Identification Number for citizens and Aliens respectively; level of education, profession or occupation, and previous births; in respect of the father; the name, age, marital status, usual residence, nationality, National Identification Number or Alien Identification Number for citizens and Aliens respectively; level of education and profession or occupation; and in respect of the informant, the name, capacity, nationality, National Identificatio...

Section Birth registration of foundlings Section The Authority shall register presumed births as provided for under Article 11(1) of the Constitution. Any person who finds the child whose parents are unknown or any person who is given to take care of such a child shall report immediately to the nearest police station or health centre and thereafter, the person in charge of the police station or health centre as the case may be, shall cause to be registered such particulars concerning the birth of the child to registration officer in the registration area, in which the child was found.

Section Registration of births occurring outside Uganda Section A person giving notice of a birth occurring outside Uganda of a child whose parent or guardian is a citizen of Uganda, shall produce to the registration officer the following evidence of the birth— a certificate of birth issued by the appropriate authority in the foreign country, with an English translation of the certificate if it is not in English; or if a certificate of birth are not issued in the foreign country, a certificate of the birth given by the doctor, midwife or other persons who attended to the birth, with an English translation of the certificate if it is not in English; or if there is a Uganda Mission in the country abroad, a certificate of an officer of the Mission that the officer is satisfied, from the evidence produced and inquiries the officer has made, that the particulars of the birth given in the certificate are correct; or if there is no Uganda Mission in the country abroad, such other evidence as the Minister may prescribe in the Regulations. The person giving notice of the birth shall certify in writing to the registration officer the correctness and authenticity of the evidence which such pe...

Section Entry of father in the register in contested cases Section A person shall not be entered in the register as the father of any child except— at the joint request of the father and mother of the child appearing physically before the registration officer ; upon the production to the registration officer of DNA tests results; upon the production to the registration officer of a court order establishing paternity. In case of subsection 1(b) the person contesting parentage of the child shall be responsible for meeting the costs of carrying out the DNA test.

Section Change of name of an adult Section Any person , being over the age of eighteen years or a widower, widow, divorced person or a married person , who wishes to change his or her name, shall cause to be published in the Gazette a notice in the prescribed form of his or her intention to do so. Not less than seven days after the publication of the notice, the person intending to change his or her name may apply in the prescribed form to the registration officer of the registration center in which his or her birth is registered. The registration officer shall, upon being satisfied that the requirements of this section have been carried out and upon payment of the prescribed fee, amend the register accordingly and shall sign and date the amendment.

Section Change of name of child Section The parents or guardian of any child under the age of eighteen years may apply in the prescribed form to the registration officer of registration center in which the birth of the child is registered to change the name of the child. The registration officer shall, upon payment of the prescribed fee, amend the register accordingly and shall sign and date the amendment.

Section Registration of a child born a hermaphrodite Section If a child born a hermaphrodite, after being registered, through an operation, changes from a female to a male or from a male to a female and the change is certified by a medical doctor, the registration officer shall, with the approval of the Executive Director of the Authority upon application of the parents or guardian of that child update the particulars of the child, which appear on the register.

Section Certificate of birth Section A certificate of birth issued under subsection (1) shall contain— the information concerning the child which shall include; Upon receipt of the application in the prescribed form and upon payment of the prescribed fee, the Authority shall issue a certificate in the prescribed form of the birth of any person compiled in the prescribed manner from the records and register in the Authority ’s custody. name; place of birth; date of birth; sex; nationality; National Identification Number or Alien Identification Number of a child who is a citizen and alien respectively. the information concerning the parents of the child which shall include the name, nationality, National Identification Number or Alien Identification Number for citizens and Aliens parents respectively; and any other information as may be prescribed by the Minister . The information contained in a certificate of birth issued under this Act is presumed to be correct and it may be received as evidence in any judicial proceedings. A child who has been entered in the register and has been issued with a certificate of birth shall be issued with another certificate of birth upon adoption.

Section Production of certificate of birth Section Any ministry, department, agency or institution, in the exercise of its lawful function, may require production of a certificate of birth and such requirement shall be lawful. Any ministry, department, agency or institution under subsection (1) may, notwithstanding the provisions of any other law for the time being, defer consideration of the service until the certificate of birth of the said person has been produced or other proof that the birth of the person has been registered is provided.

Section Compulsory registration of deaths Section Subject to this Act, registration of every death within Uganda is free and compulsory.

Section Registration of deaths Section A registration officer in charge of a registration area shall register deaths and shall enter in the register, or cause to be entered, the prescribed particulars of every death notified.

Section Duty to give notice of death Section Upon the death of any person , it is the duty of— the next of kin or the relative of the deceased present at the time of death of the deceased; in the absence of persons contemplated in paragraph (a), the next of kin or relative of the deceased dwelling or being in the same area as the deceased; or in the absence of persons contemplated in paragraphs (a) and (b), the occupier of the house in which to the person ’s knowledge the death took place or an inmate of the house in which the death took place or any person finding or taking charge of the body of the deceased person or causing the body of the deceased person to be disposed of, in that order,

Section Mode of notification and registration of death Section A person giving notice of a death shall, to the best of the person ’s knowledge and ability, give the prescribed particulars, which shall be entered forthwith by the registration officer in the register. A person notifying the registration officer in subsection (1) shall certify to the correctness of the entry by signing or affixing a mark on the register. Every death shall be registered immediately it occurs and in any case, not more than three months from the date of that death. A death shall not be registered after the expiration of three months from the date of that death except upon the applicant complying with such requirements as may be provided for in the regulations.

Section Registration of deaths occurring outside Uganda Section A person giving notice of the death of a citizen of Uganda which occurred outside Uganda shall produce to the registration officer the— certificate of death issued by the appropriate authority in the country in which the death occurred, with an English translation of the certificate, if it is not in English; where there is a Uganda Mission in the country in which the death occurred, a certification by an officer of the Mission that the officer is satisfied, from the evidence produced to that officer and inquiries which the officer has made, that the particulars of the death given are correct; or where there is no Uganda Mission in the country, any other evidence as the Minister may prescribe in the Regulations. The person giving notice of the death shall certify in writing, to the registration officer , the correctness and authenticity of the evidence produced. Upon receiving the information required under subsection (1), the registration officer shall enter the particulars of the death in the register in the prescribed manner.

Section Certificate of cause of death Section In the case of a death occurring in Uganda of any person who has been attended during the person ’s last illness by a medical officer, the medical officer shall sign a certificate stating to the best of the medical officer’s knowledge and belief the cause of death. A certificate of cause of death signed in accordance with subsection (1) shall be forwarded forthwith by the medical officer to the registration officer who shall cause the particulars of such death to be entered in the register in the prescribed manner. A medical officer who refuses or fails without reasonable cause to comply with any of the provisions of this section commits an offence and is liable, on conviction, to imprisonment for a term not exceeding one year or a fine not exceeding twenty four currency points or both. Subject to the Inquest Act, where an inquest is held on the body of a deceased person , the Magistrate holding the inquest shall forward to the registration officer a certified copy of such finding and upon receipt of such report, shall cause the particulars of such death to be entered in the register in the prescribed manner.”