CITIZENSHIP AND STATELESSNESS IN THE HORN OF AFRICA \Y who voluntarily acquire a foreign nationality after entry into force of the law may be deprived of nationality by a ministerial committee.® In Somalia, the law and citizenship previous constitution is lost on acquiring citizenship residence another (Arts.2(b) and conflict. The (art.10(a)), however, and Law on Somali that a person 4(c)); a former citizen may in the territory and renouncing Constitution of 2012, 1962 Citizenship naturalising provides that must renounce recover citizenship by establishing citizenship of any other country (art.12). The states that “A person who a is a Somali Provisional citizen cannot be deprived of Somali citizenship, even if they become a citizen of another country.”® In principle, the constitution has superior authority; however, the lack of consistency creates uncertainty in application of the law.®6 The 2004 Transitional Federal Charter also permitted a person who acquired another nationality to retain Somali citizenship. The status of those who lost citizenship on the grounds of acquiring another before the 2004 Transitional Federal Charter entered into force is not clear (nor is the date the Charter entered into force®’). In practice, a prohibition on dual indiscriminately to those who were nationality creates significant born with entitlement to two restricting the prohibition to those who voluntarily acquire risk of statelessness (or more) another if it is applied nationalities nationality through (rather than naturalisation based on residence in the other state, or marriage to a national of another state). A prohibition on dual nationality creates particular risks of statelessness if it applies to children as well as adults, meaning that the person concerned has no opportunity to choose one nationality on reaching adulthood. Even if this possibility is offered, many of those affected are likely to have no knowledge of the obligation to make such a choice. In the context of the Horn of Africa, it is very likely to be the case that a person with one or both parents originating from another country has never taken any steps to acquire recognition of the other nationality, for example by applying for a national identity card or passport. It is also very possible that even if the person did do so, they would support. be refused recognition for lack of existing documentation or witness In practice, in the Horn of Africa as in other regions, those who are most at risk of statelessness are those who are at the same time potentially nationals of more than one country — but who lack the ability to prove a connection to either state. 84 Eritrean Nationality Proclamation (No. 21/1992, section 2(5), 4(2)(e), and 8(1)(a). 85 Provisional Constitution of Somalia 2012, art.8(3). 86 The Somaliland Citizenship Law adopted in 2002 provides that a Somaliland citizen by birth may acquire the citizenship of another country without losing citizenship; however, renunciation is required for those acquiring citizenship by naturalisation. Dual citizenship is, moreover, not permitted for women who marry a foreign husband and acquire his nationality. Somaliland Citizenship Law, 2002, arts. 4 & 9. 87 Delegates to the Somalia National Reconciliation Conference held in Kenya adopted a draft of the Transitional Federal Charter at a plenary meeting of the Conference on 15 September 2003. The draft outlined a five-year mandate leading to the establishment of a new Somali constitution and national elections. On 29 January 2004, some Somali leaders involved in the negotiations signed a document which proposed amendments to the September 2003 version of the Charter. However, not all faction leaders signed. The Somali National Reconciliation Conference formally concluded on 14 October 2004 with the swearing-in of Colonel Abdullahi Yusuf Ahmed as President of Somalia. See UN Secretary General reports to the Security Council on Somalia, 2004 — 2008, collated at https://www.ohchr.org/EN/Countries/Pages/SecretaryGeneralReportsSO. aspx. 26 UNHCR — December 2021