However, a naturalised person of any Member State may not be granted such status of Community citizenship if by granting such status the fundamental interests of one or more Member States shall be jeopardised. e) Any child who is not a Community citizen at birth or whose nationality is unknown, adopted by a naturalised citizen of the Community and who, at the age of 21 years, expressly takes up the nationality of his adopted parent. However, such adopted child shall enjoy this status only after fifteen (15) years of permanent and continuous residence in the same Member State. f) A person adopted by a naturalised citizen of the Community and having already attained the age of 21 years before the entry into force of the present Protocol and who is of dual nationality, who expressly renounces the nationality of any other State outside the Community. However, he shall only enjoy the status of the Community citizenship only after fifteen (15) years of permanent and continuous residence in the same Member State. g) Any child born of naturalised parents of a Member State who has acquired the citizenship of the Community in accordance with the provisions of Paragraph (d) above. However, in order to become eligible for Community citizenship, the child shall before attaining the age of 21, expressly renounce the nationality of any non-Member State of the Community which he may posses.292 Article 2(1) provides for loss of Community citizenship on the following grounds: a) b) c) d) e) permanent settlement in a State outside the Community; voluntary acquisition of the nationality of State outside the Community; a de facto acquisition of the nationality of a State outside the Community; loss of one's nationality of country of origin; on his express request. Article 2(2) provides for deprivation of community citizenship from a naturalised citizen if he or she is involved in “activities incompatible with the status of Community citizen, and/or prejudicial to the fundamental interests of one or more Member States of the Community”. It adds, “The situation is the same when such a crime is committed against a citizen of the Community”. Article 2(3) provides for loss of citizenship in cases of fraud or if it becomes apparent that the person did not fulfil the conditions to acquire citizenship. There is a deep ambiguity in the wording of this protocol about who is responsible for the recognition or deprivation of community citizenship, and what the content of community citizenship is beyond the rights given by citizenship of any individual Member State. While the primary responsibility is clearly for Member States, the wording about the responsibility of the ECOWAS Council of Ministers or other organs implies that the Community bodies may have a direct role. However, no procedures have ever been adopted to provide for ECOWAS to recognise community citizenship aside from the recognition procedures at national level; there is no requirement on Member States to reduce statelessness among people who have always lived within West Africa; and there are no provisions relating to harmonisation of Member States’ own nationality laws in a way that would give effect to the protocol. There is also a critical lack of definition of some aspects: for example, in section 2(1)(c), there is no explanation of what “de facto acquisition of the nationality of a State” might mean. The clearest 292 Protocol A/P.3/5/82 Relating to the Definition of Community Citizen, Article 1. The lettering has been adjusted slightly, from e) onwards, in line with the French text, since the English version on the ECOWAS website does not follow the meaning of the clauses. 84

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