Patrícia Jerónimo
in practice, either because the provision is being interpreted as if it read ‘of unknown parents’
or because it is being supplemented by the corresponding provision in the 1975 Nationality
Act, which recognises as Mozambican citizens the individuals born in Mozambique to
stateless parents, parents of unknown citizenship and unknown parents [Article 1 (1) (b)].
As a safeguard against statelessness, Article 23 (1) (b) of the Constitution is, in any
case, insufficient since it does not cover individuals whose foreign parents are known but are
unable to transmit their citizenship to their children under the citizenship laws of their
country of origin (Manby 2016: 49). With the widening of ius soli in the 2004 Constitution,
individuals born in Mozambique after independence are (in theory) no longer at risk of being
stateless, since they will be recognised as Mozambican citizens by birth under Article 24. The
omission in Article 23 (1) (b) remains relevant only for the attribution of citizenship by birth
to individuals born in Mozambique before independence.
The Nationality Regulation does not require registration of those who are citizens by
birth under Article 23 (1) (b) of the Constitution, but prescribes that they may be asked to
prove that they meet the requirements for attribution of citizenship by birth when exercising
rights or applying for offices reserved for Mozambican citizens [Article 2 (2) a contrario and
Article 3 (2)]. Per Article 4 (1) of the Nationality Regulation, Mozambican citizenship is
assumed for all individuals born in Mozambique, provided that their birth registration does
not include any mention to the contrary.
Attribution based on birth in Mozambique combined with residence in Mozambique at the
time of independence and absence of option for another citizenship: Article 23 (1) (c) of the
Constitution recognises as Mozambican citizens those who, having been born in
Mozambique, were domiciled in the country on the date of independence and did not opt,
either expressly or tacitly, for another citizenship. This provision is designed to cover all
individuals who in the past obtained Mozambican citizenship under Article 1 (1) (c) of the
1975 Nationality Act, i.e. those who were born in Mozambique to foreign parents, had their
domicile in Mozambique on the date of independence and did not declare their wish not to be
Mozambican within 90 days after the date of independence.
According to Article 4 (1) of the Nationality Regulation, Mozambican citizenship is
assumed for all individuals born in Mozambique, provided that their birth registration does
not include any mention to the contrary. The Nationality Regulation does not require
registration of those who are citizens by birth under Article 23 (1) (c) of the Constitution, but
prescribes that they may be asked to prove that they meet the requirements for attribution of
citizenship by birth when exercising rights or applying for offices reserved for Mozambican
citizens [Article 2 (2) a contrario and Article 3 (2)]. Proof of domicile in Mozambique on the
date of independence is to be produced according to Article 10 (2) of the Nationality
Regulation, i.e. by means of a certificate attesting the residence in Mozambique on the date of
independence and of a declaration under oath which includes, to the extent possible, the date
when the signatory established domicile in Mozambique, the localities where he or she lived
and the entities for which he/she rendered services, where applicable. If the undersigned is or
has been a civil servant for 20 years or more, a statement issued by the respective services
will suffice.
26
RSCAS/GLOBALCIT-CR 2019/6 - © 2019 Author
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