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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents