CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
\Y
adopted just before the Provisional
Constitution,
determined
State
by
law.°®
South
West
refers to the citizenship of Puntland, which
provides
that citizenship
of the
state
is to be
is “certified
by the
municipality of origin” and that a citizen of the state does not lose citizenship on acquisition of another;
it also provides that a law on citizenship will provide more detail on acquisition and
loss of state
citizenship.°’ The Jubaland constitution provides that the Jubaland people are Somali citizens who are
resident in Jubaland.°® The Gulmadug and Hirshabelle constitutions, however, include no provision on
citizenship, although
(like the others) they do provide for basic rights and freedoms to be enjoyed by
citizens of the state.*°°
Somaliland declared independence from Somalia in 1991, and a decade later adopted a framework to
regulate
citizenship.
descendants
The
constitution
of a person
residing
adopted
by
in Somaliland
Somaliland
on 26 June
in 2000
1960,
attributes
the date
citizenship
to the
of independence
from
Britain®°; a citizenship law adopted in 2002 specifies that descent must be traced through the male line
and provides further detail.’ The independence of Somaliland is recognised neither by the government
of Somalia
administered
nor by the United
in practice
Nations or African
without
reference
to the
Union.
Nonetheless,
Provisional
citizenship in Somaliland
Constitution
of Somalia
or the
is
1962
citizenship law but rather in accordance with the constitution of Somaliland and the citizenship law
adopted by the territory.
The constitution and citizenship law adopted by Somaliland are thus relevant
in considering existing and future risks of statelessness, whatever the status of Somaliland.
°6 Constitution of Puntland State of Somalia, 2012, art.5: “1. The people of Puntland State are the citizens of Puntland and any person who has acquired
Puntland citizenship in a legal manner. 2. A special law shall define Puntland citizenship, the right to reside and the attainment of Puntland citizenship.” No
law has in fact been adopted to provide further definition. Article 39 :“1. Anyone who is a citizen of Puntland or has acquired Puntland citizenship in a lawful
manner shall be deemed to be a Puntland citizen. 2. A Puntland citizen shall not lose his / her citizenship if he / she acquires the citizenship of another
country.”
°? Constitution of South West State of Somalia, September 2014, art. 8.
°8 Provisional Constitution of Jubaland State of Somalia, 1 August 2015, art. 5: “The People 1. Jubaland people are the Somali citizens who inhabit Middle Jubba,
Lower Juba and Gedo. 2. A Jubalander is any person who has resided in the State of Jubaland.”
°° Constitution of Galmudug State of Somalia, 28 July 2015; Provisional Constitution of Hirshabelle State, 5 October 2016 (basic rights and freedoms are set out
in chapter two of each constitution, in almost identical terms, including a guarantee of non-discrimination in article 11).
6° Constitution of the Republic of Somaliland, April 2000, art. 4: ”1. Any person who is of Somaliland origin being a descendant of a person residing in Somaliland
on 26th June 1960 or earlier shall be recognised as a citizen of Somaliland.” (“Qof kasta oo u dhashay Somaliland, kana Isiran dadkii deganaa dalka
Somaliland 26kii Juun 1960kii iyo ka hor, waxa loo aqoonsanayaa muwaadin Somaliland”).
§1 Somaliland Citizenship Law No 22 of 2002, art. 2(1): “A Somaliland citizen by birth is anyone whose father is a descendent of persons who resided in the
territory of Somaliland on 26 June 1960 and before.” (“Waxa Muwaadin dhalad Somaliland ah qof kasta oo uu dhalay Aabbe ka Isirran dadkii deganaa dhulka
Somaliland 26 Juun 1960kii iyo ka hor.”)
18
UNHCR
— December 2021