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