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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