Patrícia Jerónimo
services attesting that the Mozambican parent(s) is or are abroad in the service of
Mozambique [by analogy with Article 5 (2) of the Nationality Regulation].
Attribution based on birth abroad to a Mozambican father or mother combined with
declaration of the wish to be Mozambican: Article 23 (3) of the Constitution widened the
scope of ius sanguinis by recognising as Mozambican citizens the children born abroad78 to a
Mozambican father or to a Mozambican mother (not in the service of the state), with the sole
requirement that they expressly declare their wish to be Mozambican, either by themselves, if
older than 18 years of age, or through their legal representatives, if younger. It is no longer
required that they renounce any other citizenship, as was the rule under the 1990 Constitution
and as is still the letter of Article 8 (1) of the Nationality Act. As mentioned earlier, the 2004
Constitution eliminated all provisions requiring renunciation to any foreign citizenship as
condition to obtain Mozambican citizenship, either by attribution or by acquisition. The clear
intention of the 2004 constituent assembly was to reform the citizenship law so as to allow
dual citizenship. Therefore, the section in Article 8 (1) of the Nationality Act that required
renunciation to any foreign citizenship became unconstitutional and was implicitly repealed
with the entry into force of the 2004 Constitution.
Article 23 (3) of the Constitution does not set a deadline for the declaration of the
wish to be Mozambican by the child or by his or her the legal representatives. Read in
conjunction with Article 25 of the Constitution,79 however, it is possible to conclude that the
deadline for the child is one year after turning 21 years of age. In the absence of any specific
deadline for the declaration by the child’s legal representatives, it can be argued that this
declaration can be made at any time while the child is underage. In our view, however, a
systematic interpretation of the Constitution would recommend the application by analogy of
the deadline set in Article 24 (4) to the declarations made by the legal representatives of
children born in Mozambique to foreign parents who are in Mozambique in the service of
their country. In this case, the deadline for the declaration by the legal representatives is of
one year after the birth of the child. Although the 2004 Constitution was a clear improvement
in terms of legislative technique, there are still some unnecessary redundancies,
inconsistencies and omissions in the text that should be corrected by constitutional
amendment. This is one such case. There is no apparent reason to have both Article 25 and
Article 24 (4), since they address the same issue and in similar terms.80 Article 25 applies to
the cases in which individuals meet the requirements for citizenship attribution but did not
obtain it due to option made by their legal representatives, i.e. due to the fact that their legal
representatives did not make the required declaration in due time. It should cover both
instances in which declarations by legal representatives are mentioned as requirement for
citizenship attribution – Article 23 (3) and Article 24 (3) –, but that is not the case because
Article 24 (4) sets the deadlines for the declarations to be made under Article 24 (3). In our
opinion, one way to streamline the chapter on citizenship by birth in the Constitution would
78
As is the case with Article 23 (2), this provision uses the phrasing ‘even if born abroad’, instead of the more
straightforward and accurate ‘born abroad’. See comments in the previous footnote.
79
Under the heading ‘On the grounds of majority’ (Por maioridade), Article 25 of the 2004 Constitution
recognises as Mozambican citizens those who fulfil the requirements for attribution of citizenship by birth but
did not obtain Mozambican citizenship due to their legal representatives’ inaction while they were underage,
provided that they declare by themselves their wish to be Mozambican citizens, within one year after turning 21
years of age.
80
With the difference that the deadline for the declaration made by the child is set at one year after the child
turns 18, in Article 24 (4), and at one year after the child turns 21, in Article 25.
28
RSCAS/GLOBALCIT-CR 2019/6 - © 2019 Author
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