However, there was a referendum on the secession and independence of Eritrea in April 1993, and as a result, Eritrea became independent in May 1993. With Eritrea’s referendum and its subsequent official independence, there arose the issue of the nationality of Ethiopians with Eritrean descent who were staying in Ethiopia, such as A. The 1992 Eritrean Nationality Proclamation adopts the jus sanguinis principle. 126 However, the new Constitution of Ethiopia, which was promulgated in 1995, also adopts the jus sanguinis principle and prohibits deprivations of nationality.127 Ethiopians with Eritrean descent were considered to have the nationality of both countries, and it appeared that the two governments attempted to solve the issue of nationality through each individual’s choice. However, when a border dispute occurred between Eritrea and Ethiopia in 1998, the Ethiopian authorities forcibly expelled approximately 75,000 Ethiopians with Eritrean descent from Ethiopia into Eritrea. The government of Ethiopia announced that the subjects to be expelled were those who became Eritrean citizens by way of voting for Eritrean independence in the referendum. Later, in December 2003, the Ethiopian authorities announced the Proclamation on Ethiopian Nationality, which states that any Ethiopian who voluntarily acquires another nationality shall be deemed to have voluntarily renounced his or her Ethiopian nationality with certain exceptions. Also, in January 2004, the Ministry of Foreign Affairs of Ethiopia issued an order regarding decisions on the residency eligibility of Eritrean nationals residing in Ethiopia. 128 According to this order, people with Eritrean descent who had not selected Eritrean nationality by that time were deemed to have decided to maintain Ethiopian nationality, and their Ethiopian nationality was to be guaranteed. Based on such treatment regarding nationality, it appears that A acquired Ethiopian nationality after birth and maintains Ethiopian nationality because he did not participate in the referendum on Eritrean independence and has not selected Eritrean nationality to this day. Nevertheless, as described earlier, when A, who had been staying in Japan since 1996, thought about returning, he went to the Embassy of Ethiopia in 2000 for renewal of his passport, filled out a passport application, paid the fee, and submitted the application along with his expired passport; the application form and his old passport were then later mailed back to his home. 126 Id, p. 15. Constitution of the Federal Democratic Republic of Ethiopia (21 August 1995). Reference has been made to the following: http://www.refworld.org/docid/3ae6b5a84.html. 128 Ministry of Foreign Affairs in Ethiopia, “Directive Issued to Determine the Residence Status of Eritrean Nationals Residing in Ethiopia” (January 2004), at http://www.refworld.org/docid/48abd56c0.html. According to this Directive, a person having an Eritrean passport or any document conferring Eritrean nationality or a person serving the Eritrean Government in a sector reserved exclusively for Eritrean nationals is considered to have Eritrean nationality. 127 56

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