Registration of Persons Act, 2015

The Act applies to registration of all persons in Uganda but does not apply to non-residents or visitors for up to ninety days and to refugees recognised by Government and UNHCR.

States the purposes of the Act: remove duplication in registration processes and laws; harmonise and consolidate registration law; establish a central registration body; establish a national identification register; and provide for access and use of the register information.

This section provides definitions of terms used in the Act, e.g. "alien", "data", "identity document", "Register", and "residence permit".

A person must not be appointed to the Board if they meet any listed disqualification (criminal convictions for dishonesty or certain sentences, bankruptcy not discharged, membership of specified offices, or being a civil servant except as allowed under section 9(2)(b)).

Rules on tenure, resignation, grounds and procedure for suspension or removal, and terms of appointment for members and chairperson of the Board.

The chairperson and members of the Board must be paid the remuneration specified in their instruments of appointment.

The Board must direct and supervise the Authority and carry out specified oversight, advisory, approval and management-review functions.

Schedule 2 applies to meetings of the Board and other matters set out in that Schedule.

The Board may appoint committees to inquire and advise or to exercise delegated powers; committees must have a chairperson and other members; the Board may require committees to act jointly; committee members may be paid allowances with the Minister's written approval; committees may regulate their own procedure subject to Board directions.

The Board may delegate any of the Authority's powers, duties or functions by instrument of delegation to specified persons or a committee; aggrieved persons may appeal to the Board; persons exercising delegated powers must comply with Board directions or guidelines issued in writing.

The Authority is established as a corporate body with perpetual succession and an official seal, and may perform corporate acts (acquire and dispose property, sue and be sued, and do lawful corporate acts) to discharge its functions under the Act.

Lists the Authority's functions, including creating and operating the National Identification Register, registering persons, issuing ID cards, safeguarding register data, promoting ID use, researching identity management, and observing information security practices.

The Authority must cooperate with government ministries, departments and agencies to implement the Act; those ministries, departments and agencies must provide the Authority with necessary assistance to enable discharge of its functions.

The Authority has the power to establish collaboration mechanisms in the registration and identification sector and to charge fees for services.

The Minister may give written directions to the Authority about policy, and the Authority must comply with those directions.

The Minister appoints the chairperson and certain Board members and must ensure balance of skills and gender; the Executive Director has no voting right.

The Authority has an Executive Director appointed by the Minister on the Board's recommendation; the Executive Director must have high moral character and qualifications, holds office for five years with one possible reappointment, and ceases to hold office on specified grounds.

The Executive Director is responsible for the Authority's day-to-day operations, implementing policies and programmes, managing funds and property, organising and controlling staff, developing plans, cooperating with other agencies on registration matters, and performing duties assigned by the Board; the Executive Director is answerable to the Board.

The Board appoints a secretary to the Authority; the secretary has specified functions (legal adviser, arranging board business, minutes, record-keeping, other functions) and must possess relevant professional qualifications and is answerable to the Executive Director.

The Board may appoint registration officers and other staff, set their terms and conditions, and regulate appointments, service terms and discipline.

The Authority's funds include appropriations by Parliament; approved grants, gifts or donations; revenue from its activities; fees and civil fines; and other funds. All non-tax revenue raised by the Authority must be remitted to the Consolidated Fund.

The Authority must have due regard to sound financial principles when performing its functions under this Act.

The Board, with the authority of the Accountant General, must open and maintain accounts necessary for performing the authority's functions.

The Board may borrow money with Parliament's approval, subject to Article 159, to meet its obligations or discharge the Authority's functions under this Act.

The Executive Director must prepare and submit estimates of the Authority's income and expenditure to the Board within three months before the end of each financial year; the Board must submit those approved estimates to the Minister within two months of receipt.

The Authority must have the same financial year as the Government.

The Authority must keep proper books and records; the Auditor General (or an appointed auditor) must audit the Authority's accounts annually and submit audited accounts and a report to Parliament, with the report due within three months after receipt of the accounts; submission must follow the Public Finance Management Act, 2015.

The Authority must, by notice in the Gazette, designate registration centres for registration.

Official premises of a Uganda Mission shall serve as registration centres for this Act; the Board may designate other locations abroad after consulting the Minister responsible for Foreign Affairs.

Registration officers must record applicants' information accurately, control registration processes, custody forms and equipment, promptly report difficulties, and at the close of each month personally forward a monthly return to the supervising officer.

Registration officers and persons processing personal data for the Authority must treat information they learn as confidential and must not disclose it except when required by law.

Registration of every birth within Uganda is free and compulsory.

A registration officer in charge of a registration area must register births and enter (or cause to be entered) the prescribed particulars of each notified birth; upon such registration the Authority will allocate a National Identification Number to children identified as citizens or an Alien Identification Number to children identified as aliens.

A parent, guardian or person in charge of a child must immediately after the child's birth or finding notify the registration officer so the birth can be registered.

Parents (or, if unavailable, the occupier of the house, guardian or person in charge) must notify the registration officer of a child's birth within the time prescribed; if the birth occurs in certain institutions, the officer in charge must ensure the notification is made.

Registration officer must obtain prescribed particulars before entering birth information; the person notifying must give prescribed particulars and certify the entry by signing or marking.

The Authority must register presumed births; finders or caretakers of a child with unknown parents must report immediately to the nearest police station or health centre; the officer in charge must cause the child's birth particulars to be registered with the local registration officer.

A person notifying the birth abroad of a child with a Ugandan parent/guardian must provide specified evidence to the registration officer, certify the evidence in writing, and the registration officer must enter the particulars on receiving that evidence; the Minister may prescribe other evidence where there is no Uganda Mission.

A person must not be entered in the register as a child's father except on a joint in-person request by both parents, or upon production of DNA test results, or upon production of a court order; the person contesting parentage must pay for any DNA test.

Adults (or specified adults by status) who wish to change their name must publish a notice in the Gazette, may apply to the registration officer after seven days, and the registration officer must amend the register after being satisfied and on payment of the prescribed fee.

Parents or a child's guardian may apply to the registration officer to change the child's name; the registration officer must, upon payment of the prescribed fee, amend the register and sign and date the amendment.

The registration officer must update a child's registration details on the register when a child born a hermaphrodite has a medically certified sex change after an operation, with approval of the Executive Director of the Authority and upon application by the parents or guardian.

The Authority must issue a birth certificate in the prescribed form upon receipt of the application in the prescribed form and payment of the prescribed fee, compiled from the Authority's records and register.

Ministries, departments, agencies or institutions may require a birth certificate and may defer providing a service until proof that the birth is registered is produced.

Registration of every death within Uganda is free and compulsory.

A registration officer in charge of a registration area must register deaths and record the prescribed particulars of every notified death.

When a person dies, certain persons (in order) must give notice of the death.

People who notify a death must provide prescribed particulars; the registration officer must enter them immediately; the notifier must certify the entry; deaths must be registered immediately and no later than three months, except as allowed by regulations.

A person giving notice of a Ugandan citizen's death that occurred outside Uganda must produce specified evidence to the registration officer and certify in writing the correctness and authenticity; the registration officer must enter the particulars on receipt.

Medical officers must sign and forward a certificate stating the cause of death for persons they attended; registration officers must enter the particulars in the register; magistrates holding inquests must forward certified findings.

If a person has not been seen or heard of for seven years, there is a rebuttable presumption of death; persons who would have been required under section 43 to give notice may apply to court for an order, and the Authority must register presumed deaths and record court orders.

The Authority must, upon application and payment of the prescribed fee, issue a certificate of death in the prescribed form.

Every registration officer must, within ten days of the last day of each month, forward to the supervising officer a copy of all entries made in the register during the preceding month.

Upon payment of the prescribed fee by the applicant, the Authority must furnish a certified copy of any entry in a register or return in its custody or a certified copy of any extract from that entry.

The Executive Director may authorise staff in writing to correct register entries; any such correction must be authenticated by the Executive Director or authorised staff and must be done without erasure.

Persons who are required to register a birth or death must do so within the prescribed period and must provide the prescribed particulars; failure or refusal is an offence punishable by a fine up to six currency points or imprisonment up to three months.

A person who willfully gives false information or particulars for registration is liable to a fine not exceeding twelve currency points or to imprisonment not exceeding six months.

Certain persons must register with the Authority; parents or guardians must arrange registration for minors and incapacitated persons.

Applicants must prove Ugandan citizenship; the Authority may require applicants to produce specified documents and proof; relatives or prescribed persons may identify applicants under oath when documents cannot be produced.

The Minister must publish registration dates; the Minister may set different dates by category; persons returning to Uganda must register within thirty days.

The Authority must cancel a person's registration for specified reasons and must give notice and an opportunity to show cause; a person whose registration is cancelled (unless due to loss of citizenship) may apply again under regulations; the Minister must publish names and document numbers of cancelled registrations.

The Authority must establish a National Identification Register.

The register shall contain information on all persons required to be registered under this Act.

The Authority must continuously update the Register; registered persons must notify the Authority of changes or errors within ninety days; the Authority may use other government databases; non-compliance is an offence punishable by a fine up to fifty currency points or imprisonment up to three years or both.

The register's information may be used by the Electoral Commission to manage the voters register; ministries, departments or agencies may access and use it; and the Minister may determine other purposes.

Public service providers must require persons accessing specified services to produce a national identification number or card or an alien’s identification number or card.

The Board must determine access levels to the National Identification Register; persons who are not a ministry, department or agency of Government may access register information only under Board Regulations made after consultation with the Minister.

The Authority must assign a unique national identification number when entering a person’s information in the register.

The Authority must issue a national identification card to every citizen allocated a unique national identification number; the card is government property, the Minister prescribes its validity period, and the Authority must renew an expired card on the holder's application.

The Authority must cancel a national identification card in specified circumstances.

A person must surrender a national identification card to the Authority or nearest police station in specified circumstances.

The Authority must allocate a unique identification number to an alien when entering that alien's information in the register.

The Authority must issue an alien’s identification card to every alien allocated a unique identification number; the card is prima facie proof of particulars, remains Government property, is valid for the period of residence or visit, and the Authority may renew it on application upon expiry.

The Authority must cancel an alien’s identification card in specified circumstances.

A person must surrender an alien’s identification card to the Authority or to the nearest police station in specified circumstances.

A person commits registration offences by, for example, failing to register under the Act, giving false information, fraudulently obtaining identity cards, forging identity documents, illegally influencing registration officers, falsely claiming loss of a card to obtain a replacement while in possession of one, and tampering with the register.

It is an offence for a person to destroy, mutilate, deprive, use, alter, keep, possess multiple, or permit use of a national identification card or an alien’s identification card.

A person must not make, produce, manufacture, print, bind, design, distribute or use equipment to produce any document purporting to be a national identification card or an alien's identification card.

If a person breaches any provision of the Act or Regulations and no specific penalty is provided, that person commits an offence and is liable on conviction to a fine not exceeding thirty six currency points or to imprisonment not exceeding eighteen months, or both.

A registration officer or a police officer must arrest without a warrant a person they reasonably believe committed an offence under the Act when it appears necessary to prevent defeating the Act's purposes.

Registration officers must not, without authority, disclose, submit or transfer register data to any other person; doing so is an offence punishable by a fine of up to seventy two currency points or imprisonment of up to five years or both.

Members of the Board, staff of the Authority, and persons acting under the Authority are not personally liable for acts or omissions done in good faith while exercising the Authority's functions.

The Board must establish an identification and registration committee and publish the committee's general rules; dissatisfied persons may appeal committee decisions to the High Court; registration officers may institute prosecutions; the DPP's office may conduct those proceedings.

The Minister may amend the Schedules to this Act by statutory instrument.

The Minister may, by statutory instrument, make regulations to carry out this Act, including prescribing forms, registration requirements, fees, procedures, identification cards, and penalties (fine up to seventy two currency points or imprisonment up to five years).

Repeals the Birth and Death Registration Act, Cap. 309, and makes related repeals and amendments while preserving that Act in force until Parts V and VI of this Act come into force on a date appointed by the Minister by statutory instrument; also amends schedules and repeals listed sections and forms.

Certain registers and identity documents valid immediately before this Act come into force continue to have effect as if done or granted under this Act; registration of births and deaths continues under the mandate of the Uganda Registration Services Bureau until parts V and VI come into force.