Patrícia Jerónimo
primary school.11 As for the registration and documentation of adults, there have been several
campaigns over the years, often as a side effect of children birth registration campaigns,12 but
the most far-reaching registration procedure is still that of voter registration in preparation for
general elections. Starting with the first multi-party elections of 1994, voters without an
identity card or a passport have been allowed to register in the electoral rolls, and be issued a
voter’s card, based on other documents containing a recent photograph, signature or
fingerprint (e.g. work card, military identity card), on recognition by members of the
registration brigade, or on the testimony of citizens registered at the same registration centre
or of religious or traditional authorities.13 While a source of much needed flexibility, voter
registration on the basis of witness testimony is, however, not always reliable, among other
reasons because the religious and traditional authorities’ views on citizenship may be at odds
with the statutory provisions (Manby 2018b: 4-5; Bakewell 2007: 18). The (un)reliability of
the electoral rolls has been a constant point of concern for the Mozambican Constitutional
Council (Cistac 2012: 2, 5) and for external election observers over the years.
A further reason why recognition as a Mozambican citizen may prove extremely
challenging is the confusion surrounding the legal framework in force and the lack of clear
implementation guidelines from the central government, which leads to inconsistent practices
in the civil registry offices at provincial level (e.g. in the application of witness procedures
for the registration of persons without primary documents).14 The confusion in the application
of the legal framework is blatant even at the level of the central government, since ministerial
decrees granting naturalisation as recently as 201515 make no reference to the relevant
provisions in the 2004 Constitution and instead invoke as legal grounds provisions in the
1975 Nationality Act and the 1975 Nationality Regulation which are no longer in force. The
2004 Constitution made significant changes to the citizenship regime, but did not expressly
repeal the 1975 Nationality Act nor the 1975 Nationality Regulation, which remain in force
to the extent that they do not contradict the constitutional norms. What is to be considered
contradictory or merely supplementary has been a matter of contention, particularly in what
regards dual citizenship (Manby 2016: 46, 49), which the 2004 Constitution allows, but
which still appears as grounds for citizenship deprivation in the 1975 Nationality Act. While
it is arguable that many of the questions associated with the interplay between the
Constitution and the Nationality Act and Regulation may be easily addressed with recourse to
classic hermeneutical tools of the civil law tradition, it would certainly be advisable that the
Mozambican legislator should adopt a new Nationality Act to repeal both the 1975
Nationality Act and the 1975 Nationality Regulation, as the UNHCR has been recommending
for many years now.16 In July 2012, the Minister of Justice Benvinda Levy announced that a
11
See ‘Governo moçambicano quer atingir 1,4 milhões de registos de nascimento em quatro anos, cit. In its
2018 report to the UN Committee on the Rights of the Child, the Mozambican Government explained the low
levels of registration as being caused by ‘socio-demographic factors, such as the level of education of the
parents, cultural barriers, lack of knowledge that registration is free of charge in the first 120 days after the birth,
and limitations of resources’. See Combined third and fourth periodic reports submitted by Mozambique under
Article 44 of the Convention, cit., § 143.
12
As indicated in the report submitted to the UN Human Rights Committee in 2012, the registration campaigns
for children ended up involving also the registration of hundreds of thousands of adults (657,209 between 2005
and 2010), since unregistered parents showed up to the brigades wishing to register their children, and the
solution was to register the parents first and then the children. United Nations Human Rights Committee
Consideration of Initial Reports from Mozambique, cit., § 137.
13
This solution has been consistently adopted by different Voter Registration Acts over the years, from Law
5/97, of 28 May 1997 [Article 18 (3)] until Law no. 9/2007, of 26 February 2007 [Article 21 (3)].
14
See UNHCR Fact-sheet ‘Fighting Statelessness’, cit.
15
See e.g. the 3 April 2015 edition of the Boletim da República, I series, no. 27, available at
https://lexlink.eu/FileGet.aspx?FileId=1147951 [04.04.2019].
16
See UNHCR Fact-sheet ‘Fighting Statelessness’, cit.
4
RSCAS/GLOBALCIT-CR 2019/6 - © 2019 Author
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