Zecharias Fassil
The right to nationality is recognised in international human rights documents. For instance,
Article 15 of the UDHR provides that
Everyone has the right to a nationality; and no one shall be arbitrarily deprived of his/her
nationality nor denied the right to change his/her nationality.
Likewise, a related wording is found in the ICCPR which stipulates that “every child has the
right to acquire a nationality.” Moreover, Article 7 of the CRC states that “The child shall be
registered immediately after birth and shall have the right from birth to a name, the right to
acquire a nationality and as far as possible the right to know and be cared for by his or her
parents” (emphasis added).
Moreover, Article 9(4) of the current Ethiopian constitution states that “All
international agreements ratified by Ethiopia are an integral part of the law of the land.” In
addition article 13(2) provides that “the fundamental rights and freedoms specified in this
chapter shall be interpreted in a manner conforming to the principles of the Universal
Declaration of Human Rights, International Covenants on Human Rights and international
instruments adopted by Ethiopia.”
As can be seen, at least in contemporary Ethiopia, the impact of the UDHR and
international human rights bills have visible effects in shaping the legal norms on human rights,
one of which is the right to nationality. This gives the legal basis for the observation of
applicable international laws in Ethiopia.
3.
The 1930 Nationality Law
The 1930 nationality law was adopted partly because Emperor Haile Selassie had a keen
interest in modernisation and partly because there was concern in the international legal arena
in 1930 about conflicts of nationality law among sovereign states. The Emperor issued this
law, which was first drafted in French, following the Hague Convention on Conflict of
Nationality laws. It was a legal transplant from the European countries as the emperor had very
close diplomatic ties with Europeans. Analysis of the letter and spirit of the law suggests that
much inspiration came from European laws and it was most likely based on the Swiss model.10
This first nationality law in Ethiopia and perhaps in Africa contained 18 articles. It was
published in the Berhanena Selam newspaper, Vol. 6, No. 30 (24 July 1930). Berhanena Selam
was the official newspaper where laws were issued before the Negarit Gazette was established.
Nationality is an important element in governance and administration. Reflecting the
monarchical spirit of the time, people in Ethiopia were considered subjects. A cursory look at
the law shows that the emperor was regarded as conferring rights on the people under his rule.
For instance, Articles 1 and 2 provided that “Any person born in Ethiopia or abroad, whose
father or mother is Ethiopian, is an Ethiopian subject” and “A lawful marriage of an Ethiopian
subject with a foreign woman confers Ethiopian nationality upon her.” In these two articles,
the law does not say ‘Ethiopian national’ but ‘subject.’ The avoidance of the term ‘national’
and the use of the term ‘subject’ in this law, subsequent legislation and the 1931 constitution
Source: https://au.int/sites/default/files/treaties/36390-sl-african_charter_on_human_and_peoples_rights_2.pdf,
last accessed on 15 March 2020.
10
On the impacts of foreign laws, see John H. Beckstrom, Transplantation of Legal systems: an early report on
reception of Western Laws in Ethiopia, The American Journal of Comparative Law, Vol. 21, No. 3 (Summer
1973), pp. 557-583, published by the American Society of Comparative Law.
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RSCAS/GLOBALCIT-CR 2020/9- © 2020 Author(s)