CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
\Y
the law in place in all immediately after independence
(based on the law in Britain at that time), that a
person born in the country acquired citizenship at birth automatically, in most cases regardless of the
citizenship of the parents.
In determining the nationality of a child at birth, both the common
law and the civil law models of
citizenship applied in Africa today combine the two basic concepts known as jus soli (literally, law or
right of the soil), whereby an individual obtains citizenship because he or she was born in a particular
country; and jus sanguinis (law or right of blood), where citizenship is based on descent from parents
who themselves are citizens. A variant on the jus soli principle is the concept of “double jus soli’, whereby
a child born in a country of at least one parent also born there is attributed nationality at birth. In general,
a law based only on jus sanguinis will tend to exclude from nationality residents of a country who are
descended from individuals who have migrated from one place to another.
An exclusive jus soli rule,
on the other hand, would prevent individuals from claiming the nationality of their parents if they had
moved
away from their “historical” home,
but is more
inclusive of the actual residents of a particular
territory.
In practice, another distinction is often more important in citizenship law, between citizenship attributed
at birth and citizenship that is acquired later in life on the basis of an application that is founded on a
strong connection to the country. Citizenship laws thus also provide for an adult to be able to acquire
nationality
based
(through
procedures
variously
termed
on criteria that usually include long-term
registration,
residence
and
naturalisation,
marriage,
option,
but may
or declaration)
also include other
grounds such as birth and/or residence during childhood. In many countries, the rights of those who are
citizens from birth or who
have acquired citizenship later are the same;
especially in relation to the holding of public office.
but others apply distinctions,
In addition, citizenship acquired on application may
usually be more easily withdrawn.
This distinction between
“attribution” of nationality (automatic,
by operation of law) or “acquisition” of
nationality (based on an application) is explicit in the language used in the laws of the civil law countries.
In the common
law tradition, however,
“acquisition” is often used to cover both attribution at birth and
later acquisition on the basis of an application.
iv
The terms will here be used as they are in national law.
UNHCR
— December 2021