CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
\Y
loses Somali citizenship; and any person with another citizenship is required to renounce it in order to
acquire or retain Somali citizenship. This prohibition on dual citizenship was, however, overruled by the
2004 Transitional Federal Charter (now repealed), and by the 2012 Provisional Constitution establishing
the current federal system (see also Section 3, Comparative analysis of nationality legislation).
Djibouti
When Djibouti gained independence in 1977, in the wake of the Ethiopian revolution of 1974, there were
no
explicit
transitional
provisions
on
acquisition
of
the
new
Djiboutian
citizenship;
however,
the
citizenship law finally adopted in 1981 did seek to create a framework to determine who did or did not
become
Djiboutian
at the transfer of sovereignty.
The
law aimed
to create very restricted access
to
Djiboutian citizenship, given that “more than 50,000 people originating from neighbouring countries live
in the territory, making up more than one tenth of the population”; while at the same time not questioning
the Djiboutian nationality of those who had previously been recognised as French.*' Those who became
Djiboutian under the 1981 law, with effect from independence in 1977, were those within the jurisdiction
of the new state who had French nationality at that date, based on birth in the territory or having acquired
it on application; however, dual nationality was not permitted, and a person holding another nationality
after
independence
would
automatically
lose
their
Djiboutian
nationality.
For
those
born
after
independence, children would only acquire nationality at birth if both parents were Djiboutian (with the
exception of foundlings and children of Djiboutian mothers if the father was unknown)
.%2
The 1981
a child
law was replaced in 2004. The new nationality code made access to nationality easier, so that
acquired
nationality
at birth from
either parent,
nationality was also permitted for the first time.°*
whether
born
in or out of wedlock.**
Dual
In 2018, the 2004 nationality code was incorporated,
with minor amendments, as Title Il of a new civil code.*>
Nationality in the federal systems of Ethiopia and Somalia
Eritrea and Djibouti are centralised states, and nationality administration depends on centrally governed
institutions. The federal systems of Ethiopia and Somalia, however, mean that, although recognition and
grant of nationality is a responsibility of the federal government,
an analysis of risks of statelessness
must also consider the practice of nationality administration by the units making up the federation. The
claimed independence but unrecognised status of Somaliland adds further complications.
Ethiopia’s federal constitution
After the
overthrow
Ethiopia's
fourteen
of the
Emperor
provincial
Haile
Selassie
administrations,
in 1974,
sub-dividing
the
them
Derg
into
military
regime
sub-regions
(woredas), as part of its programme to dismantle previous hierarchies of privilege.
reorganized
and
districts
Addis Ababa and
31 Loi no. 200/AN/81 portant Code de Ia nationalité djiboutienne, exposé des motifs.
32 Ibid., articles 5-11, 32.
33 Loi n°79/AN/04/5eme L portant Code de Ia nationalité djiboutienne. Articles 4-6.
34 Ihid., article 11.
35 Loi n°003/AN/18/8eme L portant Code Civil.
14
UNHCR
— December 2021