Report on Citizenship Law: Mozambique
Aside from the gender equality related amendments, Law no. 16/87 added new
naturalisation requirements to the list in Article 11, incorporated the reacquisition regime set
by Law no. 2/82 as the new Article 16, and made some minor formal adjustments to the text
of a couple of other provisions in the Nationality Act. Article 11 (c) now read that applicants
for naturalisation had to offer political and moral guarantees of integration into Mozambican
society, could not fall under one of the categories in Article 7 (i.e. leading members of
colonial-fascist political organisations, officials or informants of foreign political police
forces, convicts for crimes against the Mozambican people or decolonisation) nor have been
convicted for crime against the security of the people and the Popular State. Differently from
the regime set by Law no. 2/82, the new Article 16 (2) set as a general rule that citizenship
reacquisition would have the same effects as acquired citizenship, while admitting that the
Council of Ministers could determine that the reacquisition produce effects as citizenship by
origin when ponderous reasons so required.
The changes made to the Nationality Act led to the amendment of the Nationality
Regulation by Decree no. 5/88, of 8 April 1988, which added rules for registration of
citizenship reacquisition, made minor changes to the wording of some of the provisions (e.g.
to ensure gender equality) and to the sequence in the naturalisation procedure, and
renumbered Articles 20 to 34. According to the new Article 20, the procedure for
reacquisition of Mozambican citizenship under Article 16 of the Nationality Act (i.e. the
‘standard’ reacquisition regime) was the same as for naturalisation, while the procedure for
reacquisition of Mozambican citizenship by women who had lost it as a consequence of
marriage to foreign men (under Article 20 of the Nationality Act) consisted only in the
presentation of either proof that they had not acquired a foreign citizenship or proof that they
had acquired a foreign citizenship combined with a declaration renouncing to that foreign
citizenship.
Questions arose as to who would be competent to decide on the applications for
reacquisition under the new regime. Minister of Justice Ussumane Aly Daúto issued a
Ministerial Order (Despacho) on 18 September 198843 to provide clarity on the issue. The
Order stressed that Article 20 of the Nationality Regulation made a clear distinction between
the cases of reacquisition under Article 16 of the Nationality Act and the cases of
reacquisition under Article 20 of the Nationality Act. For the first type of cases, Article 14 of
the Nationality Regulation was to apply, which meant that the interested party was required
to submit an application addressed to the Minister of Interior, that the Central Registry Office
would prepare the file and send it to the Ministry of Foreign Affairs for an opinion, and that
the Minister of Interior would then decide on the application. This procedure was not
required for the second type of cases, i.e. those of reacquisition of Mozambican citizenship
by women who had lost their citizenship as a result of marriage to foreign men. In these
cases, the women interested in reacquiring their Mozambican citizenship only had to request
it at the Central Registry Office and prove that they either had not acquired a foreign
citizenship or that, having acquired a foreign citizenship, they had renounced it. The Central
Registry Office would then ex officio register the reacquisition of Mozambican citizenship.
43
Published in the Official Journal on 5 October 1988.
RSCAS/GLOBALCIT-CR 2019/6 - © 2019 Author
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents