CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
\Y
national identity card has been
in effect since independence
and is the basis for voter registration.'%°
Eritrea has not held national elections since independence in 1993.
Somalia has held several elections since a federal government was
re-established in 2004, but these
have been based on an indirect voting system. The difficulty of agreeing who should vote in national
elections — who is a Somali citizen with full rights — has been the main blockage to holding elections on
the basis of universal
demonstrate
suffrage.
In practice, agreement
eligibility to vote, and the independent
on a voter registration
oversight of registration,
system,
the criteria to
is likely to be the most
important gateway for determining entitlement to Somali citizenship, until identification systems are fully
established.
The
contested
status of members
of minority groups
is central to this discussion
and
reveals their risk of statelessness (see further below, under the heading Minorities in Somalia, in the
section on groups at risk of statelessness).
Consular registration and assistance
Access to consular services can be critical for the prevention of statelessness. It is important that the
law requires consulates to provide the assistance
place in another country are legally recognised
necessary to ensure that civil status events taking
in the country of origin. In Ethiopia, for example,
the
2012 proclamation establishing vital registration system provides for Ethiopian missions abroad to serve
as civil status offices.'®' Eritrean missions abroad, however, do not issue civil registry certificates —
although it is reported to be possible to authorise, via the embassy,
a person
in Eritrea to apply for a
certificate.'9* In Djibouti, the law provides that a birth outside the territory must be declared to the
consulate within ten days, an obviously impractical obligation to impose, even with the possibility of
extension of this period by presidential decree.
'%
However, the grant of legal authority to a consulate in civil status matters is not sufficient.
It is usually
the case that consular authorities only transcribe birth certificates issued by the state of birth, and will
not register a birth directly, if not already
registered
by the host country.
Consular
assistance
may,
however, also be critical to enable this first step if parents need to produce documents from the country
of origin in order to register a child’s birth in another country.
These
requirements are particularly difficult for refugees — who
and risk losing refugee status if they do so (although UNHCR
may fear to approach their embassy,
advises that this should not be the case).
The Refugee Convention therefore provides in Article 25 for a host country to issue “such documents or
certifications as would
199 Décret
normally be delivered to aliens by or through their national authorities”, and in
N° 2016-019/PR/MI fixant les modalités d'établissement des listes électorales ainsi que les conditions de délivrance et de validité des cartes
d'électeurs.
191 Registration of Vital Events and National Identity Card Proclamation No. 760/2012, art.7, as amended by Proclamation No. 1049/2017.
192 Country of Origin Report on Eritrea, Government of The Netherlands, February 2017 https://www.government.nl/documents/reports
/201 7/02/06/countryof-origin-report-on-eritrea-february-2017.
193 toi n°003/AN/18/8eme L, , art.86: “En pays étranger, les déclarations aux agents diplomatiques ou aux consuls sont faites dans les dix jours de
V'accouchement. Toutefois, ce délai peut étre prolongé dans certaines circonscriptions consulaires en vertu d’un décret du président de la République qui fixe la
mesure et les conditions de cette prolongation.”
46
UNHCR
— December 2021