CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
\Y
and Ethiopia’s action in denying recognition of its nationality to the dual nationals had been arbitrary and
unlawful.266
This was
not the
interpretation
of the
Ethiopian
government,
however.
In July
1999,
authorities issued a press release stating that the Ethiopians of Eritrean origin who
vote in the 1993 referendum on Eritrea’s independence
Ethiopian
nationality
law does
not permit dual
had thus assumed
the
Ethiopian
had registered to
Eritrean citizenship.
nationality, the consequence
was
that they
Since
had
lost
Ethiopian nationality. A 2002 law which bestowed special rights and privileges on “foreign nationals of
Ethiopian origin’, singled out Eritreans who had forfeited Ethiopian nationality and expressly excluded
them from enjoying the new rights and privileges.2°”
The new Ethiopian Proclamation on Ethiopian Nationality adopted in 2003 eased the situation of those
of mixed
parentage,
by removing
gender discrimination
in transmission
to spouses
and
children,
allowing those of with Ethiopian mothers and fathers of Eritrean origin to claim citizenship for the first
time.26®
The
immigration
authorities also adopted
nationals living in Ethiopia.2°
a directive on the residence
status of Eritrean
According to the directive, Eritrean nationals could apply for permanent
residence in Ethiopia; a person of Eritrean origin who had “not opted for Eritrean nationality” (that is, by
registering to vote in the referendum) was to be deemed to retain Ethiopian nationality.
Problems continued to be reported in obtaining national identification cards.2”° Among those affected by
these issues were individuals who had been expelled from Ethiopia to Eritrea in 1998 but had since then
fled
Eritrea’s
highly
repressive
government
and
returned
to Ethiopia.
Though
it should
have
been
possible for them to reacquire Ethiopian citizenship under the law (see above, heading on Renunciation
and
reacquisition),
it was
reported that none of those who
applied were
successful.?”!
Ethiopians of
Eritrean origin in other countries were also unable to reacquire Ethiopian documents.?”2
There is little reporting of the current situation. However, although Eritrean-Ethiopians are the bestknown group at risk of statelessness, the kebele identity card system creates similar problems for other
communities. Those facing such difficulties include members of groups that were forcibly moved during
the Derg era, and minorities that are dispersed across geography.2”5
266 See also Sean D. Murphy, Won Kidane, and Thomas R. Snider, Litigating War: Arbitration of Civil Injury by the Eritrea-Ethiopia Claims Commission (Oxford:
Oxford University Press, 2013), 311-19.
267 Proclamation to Provide Foreign Nationals of Ethiopian Origin with Certain Rights to be Exercised in their Country of Origin (270/2002), 5 February 2002.
268 Proclamation 378/2003 on Ethiopian Nationality, sections 3, 5, 6 and 18.
269 Directive issued to determine the residence status of Eritrean nationals residing in Ethiopia, 2004, available at
https://www.refworld.org/docid/48abd56c0.
html.
270 Maureen Lynch and Katherine Southwick, ‘Ethiopia-Eritrea: Stalemate Takes Toll on Eritreans and Ethiopians of Eritrean Origin’ (Washington, D.C.: Refugees
International, 30 May 2008).
See also Katherine Southwick, ‘Ethiopia-Eritrea: Statelessness and State Succession’, Forced Migration Review 32 (April 2009):
15-17.
271 Amsale Getnet Aberra, “Ethiopians in Limbo: from statelessness to being a refugee in one’s own country”, ECADF Ethiopian News, 14 February 2014.
272 See, for example, Louise Thomas,
‘Refugees and Asylum Seekers from Mixed Eritrean-Ethiopian Families in Cairo’ (Cairo: Programme for Forced Migration
and Refugee Studies, American University in Cairo, June 2006).
273 Fiseha, ‘Ethiopia’s Experiment in Accommodating Diversity’.
UNHCR
— December 2021
61
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