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the only source of law that guided citizens and authorities on nationality matters and, legalistically speaking, a non-repealed law is applicable until it is repealed.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) 13

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