CITIZENSHIP AND STATELESSNESS IN THE HORN OF AFRICA \Y 3. Comparative analysis of nationality legislation Constitutional protection for the right to a nationality Only the Ethiopian constitution provides for the right to a nationality in its constitution: article 36 on the rights of children states that every constitution also establishes general child has the right to a name and nationality. The principles relating to nationality, including that men Ethiopian and women have equal rights to transmit nationality to their children, and that “no Ethiopian national shall be deprived of his or her Ethiopian nationality against his or her will’.62 The provisional constitution of Somalia of 2012 provides that dual citizenship is permitted, and that denial, suspension, or deprivation of Somali citizenship may not be based on political grounds.® The constitution of Eritrea provides for the equal rights of men and women to transmit citizenship to their children, for the possibility of acquiring citizenship, and that a law shall regulate other questions.®* The Djibouti constitution simply refers the regulation of nationality to the law.®° However, a law on the legal protection of minors adopted in 2015 provides that “every child shall be registered at birth and shall have from birth the right to a name, the right to acquire a nationality and, as far as possible, to know and be cared for by his or her parents”.® Nationality attributed at birth All the countries of the Horn establish a primarily descent-based nationality law regime. In Djibouti, Eritrea and Ethiopia the law does not discriminate on the basis of sex in transmission of nationality to children; whereas in Somalia (and Somaliland®’) nationality is acquired through the father only. Other provisions of the law in Somalia also establish discrimination in favour of people of Somali ethnicity. None of the states provide any rights to nationality based on birth in the territory; the only protections against statelessness are provided in the case of children of unknown parents. 62 Constitution of the Federal Democratic Republic of Ethiopia, 1995, articles 6, 33 and 36. 63 Somalia Provisional Constitution 2012, article 8. 64 Fritrea Constitution, 1997, article 3. 65 Constitution de la République de Djibouti 1992, article 57. 6 toi no 95/AN/15/7eme L du 18 mai 2015 sur Ia protection et la promotion des mineurs, art. 7: « tout enfant est enregistré a sa naissance et a des celle-ci le droit d un nom, le droit d’acquérir la nationalité et, dans la mesure du possible, connaitre ses parents et d’étre élevé par eux ». 67 Although Somaliland is not recognised as a state in international law, this section provides analysis of the risks of statelessness created by its laws; risks which may also depend on the future status of the territory. UNHCR — December 2021 19