Report on Citizenship Law: Mozambique
new Nationality Act was in the works, seemingly with the fight against fraud as its primary
goal,17 but nothing came of it. A new Nationality Act and proper guidelines and training to
civil registry officials across the country remain a top priority.
A final remark on terminology. Editorial constraints require the use of the term
citizenship when nationality would be a more appropriate term to refer to the legal ties
existing between the Mozambican state and its citizenry. Unlike other legal systems where
citizenship and nationality are taken as synonymous and used interchangeably, in
Mozambique the term used both in the Constitution and in ordinary legislation is
nacionalidade (nationality). The few instances in which the 2004 Constitution uses the term
‘citizen’ (cidadão), e.g. Article 24 (3), is as synonymous with ‘individual’. It is also worth
noting that, while the grounds for attribution of ‘citizenship by origin’ (nacionalidade
originária) in the 2004 Constitution cover only grounds for attribution on the basis of birth –
and therefore will be referred to as ‘citizenship by birth’ –, this was not always the case, so
we will use the expression ‘citizenship by origin’ when referring to the regime set by the
1975 Nationality Act, since it also covers attribution on the basis of domicile in the country
on the date of independence, participation in the liberation struggle, etc. Furthermore,
following a long standing tradition in Portuguese speaking countries, we will use the terms
attribution for citizenship by origin and acquisition for acquired citizenship, even though the
distinct use of the two terms was only expressly adopted by the Mozambican law makers in
the 2004 Constitution and is not always consistently applied in practice.
17
Information retrieved from news item entitled ‘Moçambique: Governo estuda proposta lei da nacionalidade’,
published on 3 July 2012, available at https://www.voaportugues.com/a/article-07-03-mozambiquenationalityvoanews-161245565/1451408.html [28.03.2019].
RSCAS/GLOBALCIT-CR 2019/6 - © 2019 Author
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