1. < Case 3 > Case summary A is a man who was born in 1961 in Asmara, a city in the territory of Eritrea, which at the time formed a federation with Ethiopia. Eritrea was annexed by Ethiopia in 1962, but after a referendum in April 1993 on the secession and independence of Eritrea, it became independent in May 1993. After the annexation by Ethiopia, A moved from Asmara to Addis Ababa, the capital of Ethiopia, when he was about eight. The aforementioned referendum took place when A was in his 30s, but A did not vote because he did not support Eritrea’s independence. Later, A arrived in Japan in 1996 with an Ethiopian passport, and a border dispute arose between Eritrea and Ethiopia in 1998 during his stay in Japan. In 2000, A thought about returning and applied to renew his passport at the Embassy of Ethiopia, but his application was denied. A applied for refugee status in 2001, and while he was not recognized as a refugee, he was given special permission to stay (under then ICRRA Article 50). Today, he resides in Japan with wife and children with the status of “permanent resident”.124 A has a sense of belonging to Ethiopia, and he requested the Embassy of Ethiopia to confirm that he is a national of Ethiopia. However, his application for passport renewal was again rejected in 2015 for the reason that he was born in Eritrea. Today, A does not possess any document showing that he is a national of Ethiopia or that he is a national of Eritrea. He is not considered as a national by any State. 2. The possibility of acquiring nationality of the relevant States (1) Ethiopia A’s parents are also from Asmara in Eritrea’s territory. As a prerequisite for determining whether or not A still has Ethiopian nationality, it is necessary to consider the contents of the provisions and practices in implementing the nationality laws of Ethiopia and Eritrea, as well as the background to Eritrea becoming a State. Eritrea was annexed by Ethiopia in 1962, and all the people residing within Eritrean territory became Ethiopian citizens, with the exception of those who had foreign nationality. 125 Therefore, A became an Ethiopian citizen one year after his birth. 124 The facts of Case 3 are based on a hearing from A and A’s counsel on 17 November 2015. On Special Permission to Stay, see supra note 122. 125 Human Rights Watch, Eritoria & Ethiopia The Horn of Africa War: Mass Expulsions and the Nationality Issue (June1998-April 2002) (2003), at https://www.hrw.org/reports/2003/ethioerit0103/ethioerit0103.pdf, p. 12. 55

Select target paragraph3