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