Report on Citizenship Law: Mozambique
While it is arguable that many of the questions associated with the interplay between
the Constitution and the Nationality Act are easily addressed with recourse to classic
hermeneutical tools of the civil law tradition, it would certainly be advisable – for legal
certainty sake – for the Mozambican legislator to adopt a new Nationality Act to repeal both
the 1975 Nationality Act and the 1975 Nationality Regulation.
Among the aspects missing from the current legal framework, one that is crucial is
judicial review of administrative decisions in matters of citizenship, e.g. decisions which
dismiss a naturalisation application or refuse to register a citizenship acquisition or attribution
(Gouveia 2004: 122). The current regime only provides for an administrative appeal to the
Minister of Justice, in cases where a civil registry official refuses to comply with a
registration request (Article 23 of the Nationality Regulation). Furthermore, as the law stands,
except for citizenship acquired by naturalisation, the Minister of Justice can annul citizenship
registrations at any time on the grounds that the legal requirements for attribution,
acquisition, loss or reacquisition have not been met, and the interested parties are only
entitled to be informed and to submit their defence before the decision is rendered [Article 22
(1) and (2) of the Nationality Regulation]. Also, the registration of citizenship acquired by
marriage can be annulled without informing the interested party and with no right to appeal
whenever the authorities deem that he or she does not offer moral and political guarantees of
integration into Mozambican society [Article 22 (3) of the Nationality Regulation].
3.1. Modes of attribution and acquisition of Mozambican citizenship
Attribution based on birth in Mozambique to a father or a mother born in Mozambique:
Continuing Mozambique’s long tradition of double ius soli, Article 23 (1) (a) of the
Constitution recognises as Mozambican citizens those born in Mozambique to a father or a
mother also born in Mozambique. Read in conjunction with Article 24, which establishes a
broad and unconditional ius soli rule for those born in Mozambique after independence, with
the usual diplomatic exception, the practical relevance of Article 23 (1) (a) is now limited to
individuals born before independence to a mother or a father also born in Mozambique. For
those born in Mozambique after independence, the birth in the territory suffices for the
attribution, so the parents’ birth in Mozambique becomes irrelevant.
The Nationality Regulation does not require registration of those who are citizens by
birth under this provision [Article 2 (2) a contrario], 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 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 to stateless parents, parents of unknown
citizenship and unknown parents: Article 23 (1) (b) of the Constitution recognises as
Mozambican citizens those born in Mozambique to stateless parents or to parents of unknown
citizenship. In what appears to be a typo, this provision uses two terms which are
synonymous when referring to the unknown citizenship of the parents (de nacionalidade
desconhecida ou incógnita) and ends up leaving out the cases in which the parents
themselves are unknown. While the typo should certainly be corrected at the earliest
opportunity – for the sake of consistency, if nothing else –, it is probably of no consequence
RSCAS/GLOBALCIT-CR 2019/6 - © 2019 Author
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