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 This prohibition on dual citizenship was, however, overruled by the 2004 Transitional Federal Charter (now repealed), and by the 2012 Provisional Constitution establishing the current federal system (see also Section 3, Comparative analysis of nationality legislation).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

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