CITIZENSHIP AND STATELESSNESS IN THE HORN OF AFRICA \Y possible nationalities, rather than automatically losing their existing status®’ (see further the heading below: Ethiopians of Eritrean descent). Somalia In 1960, in anticipation of the independence of their respective territories, the Italian and British authorities each adopted laws to regulate citizenship. The law on citizenship adopted by the Italian administration on 12 February 1960 did not create any explicit transitional provisions on who would become citizens of the new state. In line with Italy’s own citizenship law at the time, it established a descent-based framework thereafter, through the father only.78 The Somaliland Nationality and Citizenship Ordinance issued by the British on 25 June 1960 also established a descent-based framework for citizenship. This was in contrast to the citizenship regime negotiated for most former British territories, where the transitional rules were for a person born in the country of one parent also born there to acquire citizenship automatically at independence, and for attribution of nationality based purely on birth in the territory for those born after independence. After defining “Somali” as “any person whose mother tongue is the Somali language and who follows Somali customs’, the ordinance provided for attribution of nationality on the date of independence (27 June 1960) to a “Somali” born in the territory, or whose father was born in the territory (or mother if out of wedlock). For those born after the ordinance came descent from a into force, citizenship was acquired on the basis of citizen father (or mother if born out of wedlock). Those who “normally resided” in British Somaliland, however, were able to apply for citizenship. “Normally reside” was defined to accommodate nomadic populations and included “a person who from time to time temporarily absents himself from the territory for the purposes of grazing or herding livestock or in pursuit of his vocation, occupation, employment or education or for recreation.”29 Both the Italian and British citizenship laws adopted replaced on 22 December The 1962 in advance of independence were repealed and 1962 by a new law on Somali citizenship, which remains in force. law provided for retention of citizenship attributed by the previous laws, and established a descent-based regime going forward, through the father. Citizenship is also acquired by operation of law by any person “who is a Somali declares to be willing to renounce defined as “any person who residing in the territory of the Somali Republic or abroad any status as citizen or subject of a foreign country”. by origin, language or tradition belongs to the Somali and "Somali" Nation’.°° is Dual citizenship is not permitted under the 1962 law: any Somali acquiring another citizenship automatically 27 Agreed minutes of the Fourth Ethio-Eritrean Joint High Commission Meeting, 18-19 August 1996, cited in Human Rights Watch, ‘The Horn of Africa War: Mass Expulsions and the Nationality Issue (June 1998-April 2002)’. 28 Legge 12 febbraio 1960, no.9, Cittadinanza Somala. 29 Somaliland Nationality and Citizenship Ordinance No.15 of 1960, 23 June 1960. 30 Law No.28 of 22 December 1962 on Somali Citizenship, articles 2 and 3. See also N.A. Noor Mohammed, (Charlottesville, VA: Michie, 1972), chapter 2 ‘Citizenship’. UNHCR — December 2021 The Legal System of the Somali Democratic Republic