Report on Citizenship Law: Ethiopia
Ethiopian woman who had lost her Ethiopian nationality by virtue of marriage with a foreigner,
following the dissolution of the marriage either by divorce, separation or death, was entitled to
apply for readmission provided she returned to reside in Ethiopia.
An important piece of legislation on nationality law during the time of the Emperor
worth taking note of is Imperial order No. 6 of 1952, an order to provide for the Federal
Incorporation and Inclusion of the Territory of Eritrea within Our Empire. Following the
defeat of Italy in the Second World War, the United Nations General Assembly adopted a
resolution providing that Eritrea (formerly an Italian colony) would be constituted as an
autonomous unit federated with Ethiopia under the sovereignty of the Ethiopian Crown.22
Section 9 of the Imperial Order adopted two years later reads:
All Inhabitants of the territory of Eritrea except persons in possession of foreign
nationality are hereby declared to be subjects of our empire and Ethiopian nationals.
All inhabitants born in the territory of Eritrea and having at least one indigenous parent
or grandparent are also declared to be subjects of our empire; however, if such a person
is in possession of foreign nationality, he is hereby permitted to renounce within six
months of the date thereof the nationality granted above and retain such foreign
nationality, but if he does not so renounce he shall thereupon lose such foreign
nationality.
Further on in this work we shall be looking at how the unhealthy relationship between Ethiopia
and Eritrea has complicated, and legal and political actions on nationality have negatively
affected, the nationality rights of persons who by accident of birth happened to be in these
countries.
The above-mentioned decree is a perfect example showing that nationality was
conferred by force on an Italian with Eritrean origin if the person wished to live in the province
of Eritrea. Such a person could not maintain his/her Italian nationality.
It is interesting to note that from the time of the Emperor up to 2000 the case of Eritrea
was an important key concern in Ethiopian nationality law. Eritreans and Eritrea were a
constant variable in Ethiopia’s nationality law equation.
In a nutshell, as law mirrors the social and political development of any society, given
the fact that modernisation efforts were being made by the Emperor and as there was no prior
experience of nationality law in the country, Africa’s first nationality can be praised for its
succinct description of modes of acquiring, losing and regaining nationality. Without
discounting these strengths, the law can be criticised for cutting through issues like gender
equality. However, at the time it was promulgated, the positive contribution of the law
outweighed its limitations.
22
UN General Assembly, Resolution 390 A (V) of 2 December 1950, available at
https://undocs.org/en/A/RES/390(V).
RSCAS/GLOBALCIT-CR 2020/9 - © 2020 Author(s)
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