Report on Citizenship Law: Mozambique
political and moral guarantees of integration into Mozambican society (Article 11). With the
act of naturalisation, Mozambican citizenship could also be granted to the unmarried
underage children of the naturalised foreigner (Article 13), who would be entitled to renounce
their Mozambican citizenship after turning 18, and within one year after coming of age, if
they proved to have another citizenship [Article 13 combined with Article 14 (1) (d)].
Mozambican citizenship could be lost by renunciation or withdrawn against the
citizen’s will, irrespective of whether or not the loss would lead to statelessness. No
distinction was made between citizenship by origin and acquired citizenship for this purpose.
Under Article 14 (1), Mozambican citizenship could be lost on one of the following grounds:
(a) voluntary acquisition of a foreign citizenship; (b) agreement to perform any services to a
foreign state without the Government’s permission;36 (c) declaration of the wish not to be
Mozambican, by those who had another citizenship, within 90 days after independence or of
the acquisition of the foreign citizenship, or, alternatively, behaviour as foreigners; (d)
declaration of the wish not to be Mozambican, by those who acquired Mozambican
citizenship as a result of declaration made by their legal representatives, after turning 18
years of age and within one year after reaching majority, provided that they proved to have
another citizenship; and (e) marriage to a foreign man after independence. Article 15 added
‘indignity’ as a further ground for loss of Mozambican citizenship, by prescribing that, by
decision of the Council of Ministers, the Government could decree the loss of Mozambican
citizenship for national indignity to individuals who had exercised or came to exercise
activities contrary to the interests of the Mozambican people.
As mentioned earlier, the 1975 Nationality Act was regulated by Decree no. 3/75, of
16 August 1975,37 which created a national service for citizenship registration within the
Central Registry Office (Article 1) and made registration mandatory for most cases of
attribution and for all cases of acquisition [Article 2 (2)]. It prescribed that, when registration
was mandatory, proof of citizenship was to be made by means of a citizenship certificate or
of a birth registration certificate that included mention to the citizenship status [Article 3 (1)].
Those whose citizenship registration was not mandatory could, in any case, be asked to prove
fulfilment of the requirements for citizenship attribution when applying for rights or positions
reserved to Mozambican citizens [Article 3 (2)]. Individuals born in Mozambique were
presumed Mozambican citizens, except if their birth registration included any mention to the
contrary [Article 4 (1)]. The assumption would also not apply to those born in Mozambique
to foreign parents after independence and to those born in Mozambique before independence
but not domiciled there on the date of independence nor within 90 days after that date [Article
4 (2)].
Article 7 of Decree no. 3/75 prescribed that the declaration of the wish not to be
Mozambican under Article 1 (1) of the Nationality Act and the declaration of the wish to be
Mozambican under Article 4 of the Nationality Act were to be made before any official of the
Civil Registry Office and recorded in the birth registration of the interested party.
Per Article 9 of Decree no. 3/75, the registration of citizenship obtained under Article
3 of the Nationality Act was made by presenting a declaration of the wish to be Mozambican
and a document issued by FRELIMO’s Political and Military Committee. Per Article 10 of
Decree no. 3/75, the registration of citizenship obtained under Articles 5 and 6 of the
Nationality Act was made by presenting a declaration of the wish to be Mozambican and
36
Article 14 (2) added that those who, on the date of independence, had agreed to perform any services to
foreign states without the Government’s permission would have a 90-days deadline to legalise their situation.
37
Text available at http://citizenshiprightsafrica.org/wp-content/uploads/2019/03/Mozambique-Decreto3.1975.pdf [27.03.2019].
RSCAS/GLOBALCIT-CR 2019/6 - © 2019 Author
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