Report on Citizenship Law: Ethiopia
21/1/1992, but at the same time Ethiopia continued to regard them as its own
nationals.38
The Commission said that the outbreak of the war did not in itself suspend this dual nationality
but placed these dual nationals “in an unusual and potentially difficult position.”39 The
Commission determined that in two categories of cases, Ethiopia’s action in denying its
nationality to the dual nationals had been arbitrary and unlawful.40
These findings of the commission and the criticism from the international community
had minimal effects and the government of Ethiopia tried to justify the expulsion by arguing
that there had been a threat to national security – which was not a palatable argument as there
were other foreigners in the country. Likewise, the decision of the border commission was not
enforced as the Ethiopian government at that time adopted a fuzzy stance of accepting the
decision in principle but not taking action. Instead a no-war-no-peace policy was adopted with
strict military border control.
5.5. The 2003 nationality proclamation
One could assume that a constitution which gave due regard to nationality would warrant
immediate legislation to give effect to its provisions. However, the FDRE government
promulgated the law on nationality in 2003, which is eight years after the coming into effect of
the constitution. During this time, the nationality law promulgated in 1930 was in force as it
was the only source of law that guided citizens and authorities on nationality matters and,
legalistically speaking, a non-repealed law is applicable until it is repealed. Although an
attempt has been made to look for the background of the drafting procedure and explanatory
notes on the law before it was adopted by the parliament of Ethiopia, no information has been
found.
6.
Current Citizenship Regime
The 1995 Constitution
The FDRE constitution gives important guidelines on the nationality law regime existing in
Ethiopia. Articles 6, 33 and 36 embody the guidelines. For ease of reference here are the
wordings of the FDRE constitution on nationality:
Article 6 Nationality
1. Any person with one or both parents of Ethiopian citizenship is an Ethiopian.
2. Foreigners may acquire Ethiopian citizenship.
3. Particulars relating to citizenship shall be determined by law.
Article 33 Rights of Nationality
1. No Ethiopian of either sex shall lose his/her Ethiopian citizenship against his/her
will.
38
Manby 3rd Edition p 30.
Ibid.
40
Ibid
39
RSCAS/GLOBALCIT-CR 2020/9 - © 2020 Author(s)
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