Report on Citizenship Law: Mozambique
be to add a paragraph 4 to Article 23 with the same text as Article 24 (4) and to eliminate
Article 25 altogether.
While a positive action is required from the interested party, state authorities have no
discretion in the attribution of Mozambican citizenship under Article 23 (3) of the
Constitution. The declaration of the wish to be Mozambican is made before any Civil
Registry official and is added to the interested party’s birth registration, per Article 7 of the
Nationality Regulation. Applying, with the necessary adaptations, the provisions in the
Nationality Act and the Nationality Regulation concerning the attribution of citizenship on
the basis of birth abroad to a Mozambican citizen, it is possible to conclude that the
declaration of the wish to be Mozambican must include the interested party’s full name, age,
civil status, profession, place of birth, residence and current citizenship; the full name, civil
status, place of birth and residence of the interested party’s parents; and the purpose of the
declaration; and be accompanied by the birth registration certificate of the interested party
and of his or her parents [Articles 11 and 21 (1) and (5) of the Nationality Regulation]. If the
child is an orphan awaiting a judicial decision on tutelage or adoption, the Social Services are
competent to make the declaration of the wish to be Mozambican on behalf of the child
[Article 11 (2) of the Nationality Regulation]. The registration of the attribution under Article
23 (3) of the Constitution is mandatory and proof of citizenship is made by means of a
citizenship certificate or of a birth registration certificate which mentions the attribution of
citizenship [Articles 2 (2) and 3 (1) of the Nationality Regulation].
Attribution based on birth in Mozambique after independence, with diplomatic exception:
Article 24 (1) and (2) of the Constitution recognises as Mozambican citizens by birth all
individuals born in Mozambique81 since independence, with the exception of those born to
foreign parents if any of the parents was/is in Mozambique in the service of his or her
country. For the exception to apply, both parents have to be foreigner and at least one of them
must be in Mozambique in the service of his or her country at the time of birth, even if the
residence in Mozambique started for reasons other than the service to a foreign country.
The diplomatic exception in Article 24 (2) reflects a general principle of international
law according to which states should not impose their citizenship on the children of foreign
diplomats born in their territory. Since 2004, the exception is no longer as strong as before,82
since Article 24 (3) allows children born in Mozambique to foreign parents in the service of
their country to obtain Mozambican citizenship by origin sufficing that they declare their
wish to be Mozambican after they turn 18, whereas under the 1975 Act and the 1990
Constitution this possibility was reserved for those born in Mozambique to foreign parents
not in the service of their country.
As noted earlier a propos Article 23 (2), the term ‘service’ is to be interpreted broadly,
to cover not only diplomatic and consular functions, but also other official missions. This
much is made clear by the provisions in the Nationality Regulation which apply to cases that
81
Taking the example of Brazil, another Lusophone country with a strong ius soli tradition, it can be said that
the reference to Mozambique as place of birth covers not only what is materially located within Mozambican
borders, but also Mozambican territorial waters, Mozambican military aircraft and ships wherever they may be
found, and Mozambican commercial aircraft and ships if the birth occurs at high sea (Jerónimo 2016: 19).
82
Until 2004, the children born in Mozambique to foreign parents in the service of their country were not
entitled to obtain Mozambican citizenship by declaring their wish to be Mozambican. That much can be
deduced from the provision in the Nationality Regulation which required that the declaration of the wish to be
Mozambican by children of foreign parents expressly mentioned that none of the parents was in Mozambique in
the service of their country at the time of birth [Article 8 (1) of the Nationality Regulation].
RSCAS/GLOBALCIT-CR 2019/6 - © 2019 Author
29
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents