CITIZENSHIP AND STATELESSNESS IN THE HORN OF AFRICA \Y Table 1: Right to nationality by descent Country Born in country In wedlock Born abroad Out of In wedlock Legal Out of + Father (F) &/or Mother (M)isa national wedlock +Father(F) &/or Mother (M)isa national + Father (F) &/orMother (M)isa national wedlock + Father (F) &/or Mother (M)isa national Djibouti F R M R F R M R F R M R F R M R Eritrea R R R R R R R R Ethiopia R R R R R R R R Somalia ~ R - R - R - R - Date Provision Gender equality achieved L2018Arts29 &30 C1997Art3 L1992Art2 C1995Art6é L2003Art3 L1962Art2 2004 1992 1995 - R: child is citizen from birth as of right - no rights ~ racial, religious or ethnic discrimination in citizenship law: in Somalia, a person must be of “Somali origin” to be a citizen from birth Rights to nationality based on birth in the country None of the laws considered in this study provide any general rights to nationality (regardless of a person’s other possible nationalities) based on birth in the territory. None of the variations of that rule that are commonly provided for attribution of nationality are recognised: whether automatic attribution to any person born in the territory, or to the second generation born in the territory; or rights based on birth in the territory and residence during childhood. Protections against statelessness Although Djibouti, Ethiopia and Eritrea have all acceded to the African Charter on the Rights and Welfare of the Child, and Somalia has signed (see Annex 3), none of the laws provide protection against statelessness for a child born in the territory who, in the words of article 6(4) of the Charter, “is not granted nationality by any other State in accordance with its laws”. That is, they do not protect the child born in the territory of parents who themselves are stateless, or of unknown transmit nationality to their children (for example, because nationality, or who cannot of gender discrimination in the law of the parents’ country or countries of origin). The only protection against statelessness is provided for children of unknown parents (“foundlings’”). Djibouti and Eritrea each provide that a child born in the territory of unknown parents shall be presumed to be a national. This wording could potentially create formulation is that a child found in the territory of unknown some problems — December 2021 the usual parents is presumed to be a national, since if the parents are unknown, place of birth is also likely to be unknown. UNHCR in interpretation: Somalia and Ethiopia both adopt