CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
\Y
signing various treaties with Somali
clan leaders during the late 19
century.
In 1936, following the
second Italian invasion and conquest of Ethiopia, the Italian territories of Eritrea, Ethiopia and Somalia
were merged into Italian East Africa (Africa Orientale Italiana). Tne northern Somaii territory came under
British
control
in the
1880s,
and
in 1898
was
formally
declared
to be
the
Protectorate
of British
Somaliland. (See further the headings below: The Federal Member States of Somalia and the status of
Somaliland, and Minorities in Somalia.)
Following the 1941
defeat of Italian forces in Ethiopia, the Eritrea and Somalia governorates of Italian
East Africa came under British military administration.
Britain had also occupied the Ogaden region of
Ethiopia, largely inhabited by people of Somali ethnicity; this was restored to Ethiopian administration in
1948.
In 1949 the United
accordance
with agreements
provisions of the UN
November
Nations designated
among
Charter.
Eritrea and
the allied powers
Italian Somalia was
1949, and designated
Italian Somalia
at the Potsdam
removed
from
as UN
trust territories,
Conference
of 1945
administration, which was restored on 1 April 1950.
and the
British military administration
a UN trust territory (the Trust Territory of Somaliland)
in
under
in
Italian
British Somaliland remained a protectorate until 26
June 1960, when an independence constitution came into force — for less than one week.? On 1 July
1960 the Italian-administered territory also gained
independence,
and the two territories were joined
together to form the Somali Republic, under a constitution approved by referendum in 1961 (though with
significant rejection of the constitution by the northern regions).*
Eritrea initially remained under British administration as a UN trust territory. However, a further UN
resolution adopted
in 1950 designated
Eritrea “an autonomous
unit federated with Ethiopia under the
sovereignty of the Ethiopian Crown’”.® In accordance with this resolution Ethiopia incorporated
Eritrea
as an autonomous territory under imperial jurisdiction in 1952. A proclamation stated that “all inhabitants
of the territory of Eritrea except
persons
possessing
another
nationality are
hereby
declared
to be
subjects of Our Empire and Ethiopian nationals”; as well as “all inhabitants born in the territory of Eritrea
and having at least one indigenous parent or grandparent”.
If those living in the territory had another
nationality, they were permitted to renounce Ethiopian nationality within six months and retain the foreign
nationality.6
In 1962, Ethiopian Emperor Haile Selassie dissolved the federation and annexed Eritrea
as a province of Ethiopia, the status it retained until independence
became
An
in 1993.
All inhabitants of Eritrea
Ethiopian nationals.
Eritrean
succeeded
Liberation
Movement
was
founded
in
by the Eritrean Liberation Front in 1961.
1958,
seeking
independence
from
Ethiopia,
In 1970, a splinter group formed the Eritrean
3 Laurie Fransman, Adrian Berry, and Alison Harvey, Fransman’s British Nationality Law, 3rd ed. (London: Bloomsbury Professional, 2011), catalogue entry on
Somalia. See also the history set out at http://www.somalilandlaw.com/citizenship_law.htm.
4 Referendum on the 1960 Somali Republic Constitution, 20 June 1961, Official Returns Table 1, extracted at SomalilandLaw.com
http://www.somalilandlaw.com/The_1961_Referendum_Table_1.pdf.
> UN General Assembly Resolution, “Eritrea: Report of the United Nations Commission for Eritrea; Report of the interim Committee of the General Assembly on
the report of the United Nations Commission for Eritrea”, 2 December 1950, UN Doc A/RES/390(V).
6 imperial Order for the Federal Incorporation and Inclusion of the Territory of Eritrea within the Empire of Ethiopia, No. 6 of 1952 (Negarit Gazeta 12th Year
No.1) as quoted in Fasil Nahum,
‘Ethiopian Nationality Law and Practice’, Journal of Ethiopian Law 8, no. 1 (1972): 168-83. See also Zecharias Fassil, ‘Report
on Citizenship Law : Ethiopia’, GLOBALCIT Country Reports (Firenze: European University Institute, 2020), https://cadmus.eui.eu/handle/1814/66827.
8
UNHCR
— December 2021