Patrícia Jerónimo
citizenship and demanded renunciation to foreign citizenship on several occasions, it no
longer included in the list of grounds for loss the omission of express renunciation to a
foreign citizenship acquired by marriage. Instead, Article 24 (e) prescribed that Mozambican
citizenship would be lost by those who expressly renounced it; a provision arguably
redundant vis-à-vis Article 24 (c).
Of the provisions on reacquisition, only Article 25 – on general reacquisition –
innovated vis-à-vis the regime set by the 1975 Nationality Act. Besides the residence and
integration requirements, applicants now had to renounce any previous citizenship [Article 25
(1) (a)]. The integration requirement was not spelled out in the constitutional provision,
which merely referred to ordinary legislation the definition of the requirements and
guarantees to be met by the applicants. As the law stood at the time, Article 16 of the
Nationality Act applied, which meant that applicants had to offer political and moral
guarantees of reintegration into Mozambican society. Regarding the effects of reacquisition,
Article 25 (2) of the Constitution also departed from the regime set by the Nationality Act.
Instead of limiting citizens with reacquired citizenship to the status of citizens by acquisition,
Article 25 (2) now prescribed that reacquisition would return former citizens to the
citizenship status that they held before the loss.
In the miscellaneous section, Article 27 prescribed that a foreign citizenship held by
individuals who, under Mozambican law, were Mozambicans would have no legal effects in
Mozambique.50 Article 28 referred to ordinary legislation the regulation of the registration
and proof of citizenship acquisition, loss and reacquisition. Article 29 excluded citizens with
acquired citizenship from access to the diplomatic, military or equivalent careers, and
referred to ordinary legislation the conditions for the exercise of public functions or private
functions of public interest by Mozambican citizens with acquired citizenship and by
foreigners. Outside of the chapter on citizenship, the 1990 Constitution only differentiated
between citizens by origin and citizens by acquisition for the purposes of determining
eligibility for the office of President of the Republic. Under Article 118 (3) (a) and (b), only
Mozambican citizens by origin whose parents – both the father and the mother (Gouveia
2004: 41) – were themselves Mozambican citizens by origin were entitled to run for the
office of President.
Meanwhile, peace talks between FRELIMO and RENAMO had started in July 1990
with the mediation of the Italian lay brotherhood of Sant’Egidio (Newitt 2002: 221). A
General Peace Agreement for Mozambique was signed in Rome, on 4 October 1992, between
Joaquim Chissano, President of the Republic of Mozambique, and Afonso Dhlakama,
President of RENAMO, under the chairmanship of the Italian Government and in the
presence of representatives of Zimbabwe, Botswana, Kenya, South Africa, Malawi, United
States, France, Portugal, United Kingdom, the Organisation of African Union, and the United
Nations.51 The General Peace Agreement covered inter alia the criteria and arrangements for
the formation and recognition of political parties, including the provision that RENAMO
would immediately commence its activities as a political party (Protocol II); the general
principles that should guide the drafting of the Electoral Act and the conduct of the electoral
process for the legislative and presidential elections (Protocol III); provisions on military
questions, including the formation of the Mozambican Defence Force and the withdrawal of
foreign troops from Mozambican territory (Protocol IV); guarantees, including the timetable
50
Which replicated the provision in Article 18 of the 1975 Nationality Act, as amended by Law no. 16/87.
The text of the Agreement is available at
https://peaceaccords.nd.edu/sites/default/files/accords/Mozambique_Peace_Agreement.pdf [23.04.2019]. The
Agreement was approved by the Mozambican National Assembly with Law no. 13/92, of 14 October 1992, and
entered into force on 15 October 1992, the agreed deadline for the ceasefire.
51
18
RSCAS/GLOBALCIT-CR 2019/6 - © 2019 Author
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