CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
\Y
Loss, renunciation, deprivation, and reacquisition of nationality
Loss and deprivation
In the
1961
Convention
on
the
Reduction
of Statelessness,
“loss”
of nationality
is used
to mean
withdrawal of nationality that is automatic, by operation of law; “deprivation” of nationality, by contrast,
requires a decision of the competent authority. This report follows this usage of these terms.
Ethiopia’s constitution
provides that no Ethiopian
nationality against his or her will. However,
national
this does
shall
be deprived
of his or her Ethiopian
not apply in case of dual
nationality: a person
holding another nationality is interpreted to have shown the will to lose Ethiopian nationality. A person
is deemed
to
have
voluntarily
renounced
nationality
if he
or she
(i) voluntarily
acquires
another
nationality, or (ii) was born with two nationalities and retains another nationality after one year after
majority, or (iii) acquires another nationality by operation of law and exercise the rights related to that
nationality.°2
However,
there
is
no
published
guidance
on
more
detailed
interpretation
of
these
provisions. Ethiopia provides no other grounds for deprivation of citizenship.
In Djibouti, the only provision in the 2018 civil code
provision
that
a person
does
not
lose
nationality
relating to loss and deprivation is the specific
on
acquiring
another
(unless
it is voluntarily
renounced).°9 There are thus no circumstances in which the law provides for a Djiboutian national to
involuntarily lose or be deprived of his or her nationality.1°°
Eritrea provides that any national (from birth or later acquisition) may be deprived of nationality if the
person
voluntarily
acquires
another
nationality
(this
is not automatic
loss
but
requires
a decision;
however, dual nationality is thus held with permission only), or serves another country in violation of a
specific provision of Eritrean law, or is condemned for treason by a court of law. In addition, a national
by
naturalisation
may
be deprived
on
grounds
of fraudulent
acquisition,
conviction
of a crime
and
sentenced to more than five years imprisonment, or crimes against the state. ''
In Somalia, the law and constitution conflict in relation to dual citizenship: the law provides for citizenship
to be lost of a person voluntarily acquires another citizenship, whereas the 2012 constitution provides
that citizenship is not lost in this case. In addition, the law provides that a citizen shall lose citizenship if
he or she accepts employment from another government, or serves in its armed forces, and the person
has not given up the role with a time limit set by the Somali government.
'%
98 Proclamation No. 378/2003, art. 20.
99 Loi n°003/AN/18/8éme L, art.35.
100 The 1981 law had provided quite extensive grounds for deprivation of nationality within its Title V, which was not included within the 2004 law. The 2004 law
only explicitly repealed previous provisions which were inconsistent with its content, leaving the status of Title V of the 1981 law a little uncertain. Since the
2018 civil code did not include the content of Title V on loss and deprivation from the 1981 law, it seems that these provisions were considered repealed with
effect from 2004. Loi No.200/AN/81, articles 34 & 35; Loi No.79/AN/04/5eme, articles 11 & 42.
101 Proclamation 21/1992, art. 8.
102 faw no.28 of 1962, arts. 10 & 11. The law in Somaliland provides very similar grounds for deprivation of citizenship in case of working for a foreign
government,
UNHCR
“where this is detrimental to the sovereignty of Somaliland”. A naturalised person may be deprived of citizenship if convicted of a crime and
— December 2021