Zecharias Fassil
examine applications to obtain nationality by law, examine evidence submitted by a person for
rebutting his presumed renunciation of Ethiopian nationality and ascertain conditions for readmission to Ethiopian nationality.63
Following the ongoing reform initiatives in Ethiopia, a new law defining the powers
and duties of the executive organs has been issued: proclamation no. 1097/2018.64 This
arrangement has now made the Ministry of Peace the highest echelon governing nationality
and immigration. According to article 13 (k) of the proclamation, the Ministry of Peace has the
power and duty to lead and follow up citizenship, national identification card, immigration,
passport and vital event registration issuance functions. In practice, however, the Immigration,
Nationality and Vital Events Agency is the special institution established by council of
ministers regulation number 449/2019 to discharge the duties pertaining to immigration,
nationality and vital events.
This agency, as its name indicates, has three major areas of engagement. Here, its role
and function with regard to nationality matters is highlighted. According to Article 5 of the
regulation, the agency has the power and duty to provide and revoke Ethiopian nationality for
foreigners in accordance with the law.65
This article is delicate about what is meant by revoking the Ethiopian nationality of
foreigners. For one thing, the nationality law, i.e. the proclamation, states there is no
involuntary loss of Ethiopian nationality. And once a foreigner has Ethiopian nationality he is
no longer a foreigner as Ethiopian law does not allow dual nationality. Therefore, “in
accordance with the law” seems to be a guideline to reconcile the conflict.
The agency has the power and duty to provide service to foreign nationals of Ethiopian
origin. The other nationality-related service of the agency is the preparation, publication and
provision of national identity cards.
The other important institutions regarding nationality matters in Ethiopia are kebele
offices. These are the lowest level of decentralised administration structure. Among other
things they undertake vital event registrations and issue kebele IDs for dwellers in the
locality/administrative unit, and the ID needs to state the holder’s nationality and if this is
Ethiopian the holder must provide evidence. This will automatically entitle him to many rights.
These grass-root-level institutions are key players in nationality matters. There have alleged to
have been cases where Eritreans and Somali citizens managed to corruptly obtain this ID.66
The cause of this gap is partly the lack of a centralised registration system for vital events.
Last but not least, Ethiopian courts have an irreplaceable role in nationality matters as
they interpret the laws and rule on disagreements between an individual and the state. However,
the lack of an administrative procedural code in the Ethiopian legal system has heavily
impacted the rights of individuals and has been an added burden on the courts.
63
Proclamation 378/2003 Article 23.
Article 13(k) of Proclamation 1097/2018.
65
Regulation number 449/2019, Article 3.
66
Although there are not specific data on this point, the allegations among community members were strong
enough.
64
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RSCAS/GLOBALCIT-CR 2020/9- © 2020 Author(s)