Academy for Peace

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• Academy for Peace
• Development

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Somaliland citizenship law No22/2002

• Presenter
• Mohammed Matan Jama

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Introduction

• Somaliland Citizenship Law NO 22/2002 has been
  promulgated by virtue of Article 4(2) of the
  constitution. It consists of 14 Articles, which
  determined who is citizenship of Somaliland.
  These provisions defined the different nature of
  citizenship, conditions for acquisition and
  losing of it. The concept of citizenship in
  Somaliland has to facets viz- societal
  definition of citizenship and status definition
  of citizenship. Therefore, the scenario of
  citizenship is became complicated.
• The practical definition give citizen of
  Somaliland is approached from cultural
  participative and this definition may not be
  difficulty to identify who is citizen.
  Customarily citizen is determine either by blood
  relation, marital relation or residential
  relation.
• However, modern concept of citizenship is
  identical to customary membership of a particular
  community in a given society. Modern approach of
  citizenship in Somaliland has three faces.
  Firstly Post independent which Somaliland
  citizens were defined. Secondly, the amalgamation
  of Somaliland and Somalia where by all Somalis
  were citizen of Somalia without discrimination of
  geopolitical background. That means Somalia
  citizens were all Somali speaking community in
  the region. Thirdly, Somalilands re-asserting of
  its independent which the struggle of Somaliland
  National Movement (SNM) leads societal definition
  of citizenship to prevail.
• Now the question is that can every sub-clan
  members residing outside the boundary of
  Somaliland has same rights with those residing
  within the country? Or is it a necessary to
  introduce limitation of rights over the people
  vaguely defined under article 4(1) of the
  constitution?

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Purpose of the paper

• this conference aims to explore the tension and
  relations between the cultural constructions of
  citizenship and how these are mediated,
  contested, and negotiated and how they
  interrelated with evolving legal and
  constitutional definitions of the Somaliland.
  Citizenship then, enables an exploration of the
  interrelationship between the cultural, political
  and legal codes that defined.
• The main purpose of this paper is to identify who
  is actually a citizen of Somaliland by virtue of
  the Article 4(1) and 4(2) of Somaliland
  constitution 2001 as amended. However, the ambit
  of the provisions is easier to grasped than
  defining the citizens due to the modern
  geopolitical boundary, cultural as well
  homogeneous nature of the Somaliland society. The
  mechanism at work can exclusively be identified
  as of societal definition of citizenship.
• However, little attention has been devoted to the
  question of what this implies for citizenship.
  What in particular the role of Somaliland
  statehood indicated vis-a-vis Clans partly
  residing within it and outside its boundaries.

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what is citizenship?

• Citizenship is a concept that describes an
  individual and his or her relationship to the
  state
• Citizenship is the status given to a legal member
  of the country to enjoy a range of political
  rights, including the right to be represented in
  the affairs of the state
• Citizenship is membership in a political
  community (originally a city but now usually a
  state), and carries with it rights to political
  participation a person having such membership is
  a citizen.
• The country in which a person is born or
  naturalized and to which that person owes
  allegiance and by which he or she is entitled to
  be protected
• Citizenship The status of citizen was usually
  inherited, but it could also be acquired by
  foreigners in which both entailed
  responsibilities as well as rights

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who is Somaliland citizen?

• In generally citizenship is classified into three
  categories to wit-
• 1- by birth
• 2- by naturalization and
• 3- by registration (marriage)

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by birth

• Article 4(1) of the constitution
• Article 4(1) of Somaliland constitutional law
  categorically setout citizenship by birth, which
  provided that any person who is a paternal of
  Somaliland, who is the descendant of a person
  residing (clans or subclass) in Somaliland on
  26th June 1960 or earlier, shall be recognized as
  a citizen of Somaliland.1
• The citizenship by birth is vague term when the
  question of maternal (mother) who his mother is
  descendant residing in Somaliland on during or
  before the independent. So, going on by the
  definition of the Article 4(1) of the
  constitution and 4(2) of Citizenship Law any one
  who is descendant of a person residing in
  Somaliland during or before the independent can
  obtain Somaliland citizenship by birth.
• Note
• 1- this provision does not have nothing to do
  with ethnicity but rather descendant clans and
  sub-clans

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Dual citizenship

• Article 2(3) of Citizenship Law
• This law also granted immediate acquisition of
  citizenship to either gender attained the age of
  maturity whose father is categorically specified
  under article 4(1) of the constitution when it
  happened that the father resides in a foreign
  country or is a citizen of another country or is
  a refugee in another country. Such person may
  acquire Somaliland citizenship on his first
  return to the territory of Somaliland The
  acquisition my That when the children attained
  the age of maturity.
• Comments -
• what would be the position of law if the father
  of the children forfeited Somaliland citizenship
  but their grandfather is Somaliland citizen?
• Would article 10 of the Citizenship Law be
  applied (children follow their fathers
  citizenship)

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Dual citizenship

• Article 2(2) of the citizenship law
• Dual citizenship is allowed for those whom have
  citizenship by birth by virtue of citizenship
  law.
• What is the position of law in an alien person
  who obtained the Somaliland citizenship?

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Obtaining confirmation of citizenship

• Article 3(1)(a)(b)(2)(3)
• declaration made before the court by a Aqil (clan
  chief) who registered in Ministry of Internal
  Affairs (MIA)
• signing of the form by the individual acquiring
  the citizenship
• chairman of the relevant region shall be signed
• the administration and regulation shall be
  setout by MIA

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by naturalization

• Article 4(1)
• Citizenship by naturalization is when a person
  acquired citizenship through applying. The
  Citizenship Law allowing foreigner or refuge who
  are living in Somaliland to naturalize themselves
  if the condition laid under Article 4(1) be
  fulfilled
• he must attain the age of maturity (commonly
  maturity is 18 years, but in Somaliland
  Citizenship Law the age required is 15 years and
  a person of such age can not take decision of his
  won)
• he should reside within Somaliland legal for 10
  consecutive year
• he should be a person of good character
• he should not be sentenced by the court of law
  and do not participant activities against
  Somaliland
• he should be tax payer (if he is jobless what
  would be the position of law)
• he should show that he forfeited the previous
  citizenship and take oath in according to the
  article 6 of this law (person under 4(2) does not
  have document to forfeit).

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Who determine issuing the citizenship

• however, according to the article 5 of this law
  president of the Somaliland determine issuing of
  citizenship by naturalization after consulting
  with national commission of citizenship whom
  consist of 12 ministers and presided by the
  minister of Interior.

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How to loss citizenship of Somaliland

• Article 7 (1) (2) (3) (4) and (5) determined how
  one can lose citizenship of Somaliland.
• when the person voluntary withdraw
• when the person served for another country or
  became a soldier for another country
• the national commission for citizenship can
  revoke after realizing the person is not
  competent or take the law by his hand.
• If it is happen that the document he presented
  during the process of acquiring the citizenship
  is not reliable he will be prosecuted and lose
  the citizenship
• The citizenship can be revoke by the decree order
  of the president after consulting with commission
  of citizenship.

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By registration (marriage)

• Article 9(1) of citizenship law
• Any female alien who marries a Somaliland citizen
  husband shall acquired Somaliland citizenship
  even after her divorce.

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Article 9(2) of citizenship law

• Any Somaliland citizen female who marries foreign
  shall loss her citizenship if she accepts her
  husbands citizenship

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Article 9(3) of citizenship law

• A female citizen who is married to a husband who
  renounced his Somaliland citizenship and acquired
  another citizenship shall loss her citizenship
  unless the husband is refugee.
• Comments
• How the children of such person could be treated
  giving consideration into article 4(1) of the
  constitution if they apply for citizenship?
• With the reference to article 10(1) of this law
  children under the age of majority are treated
  like their father, but can apply after attaining
  the age of majority. But what is the procedure?

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Article 9(4) of citizenship law

• A woman who loss Somaliland citizenship because
  of marriage may require such citizenship if the
  circumstances setout in 4(1) 8(1) fulfilled
• Comments
• Article 9(2) 9(4) of Citizenship Law is
  inconsistence with article 5(1) CEDAW by virtue
  of 10(2) of Somaliland constitution.
• 5(1) CEDAW setout that
• State parties shall ensure in particular that
  neither marriage to an alien nor change of
  nationality by the husband during marriage shall
  automatically change the nationality of the wife,
  render her stateless or force upon her the
  nationality of the husband
• What would be the position of law if the wife had
  dual citizenship?

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Honorary citizenship is exceptional

• Some countries extend "honorary citizenship" to
  those whom they consider to be especially
  admirable or worthy of the distinction

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Fatherless Children

• Article 4 (2) of citizenship
• If it is clear that the childs mother is
  Somaliland citizen but does not have father (can
  not be identified) he can obtain the citizenship
  if he fulfill 4 (1) of this law
• Comment
• The law is encouraging children of no father to
  be abandoned

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Abandoned children

• Article 10 of citizenship law
• Confirmation of citizenship may be granted to a
  child who is born in the territory of Somaliland
  and whose parents are not known.

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Some other countries citizenship laws

• Brazil
• Any person born in Brazil acquires Brazilian
  citizenship at birth. The only exception applies
  to children of persons in the service of a
  foreign government (like foreign diplomat)
• Nigeria
• Anyone whose either of his grand-parents born in
  Nigeria before the date of independent and any
  one whose either of his parent born in Nigeria
  after independent.
• Israel
• There is an automatic acquisition of citizenship
  for the Jewish community under Israel's
  Nationality Law. Citizenship may be acquired by
• ? Birth
• ? The Law of Return
• ? Residence

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Amelioration of women status in some Muslim
countries

• Tunisia
• Tunisia has recently modified its nationality
  legislation, allowing Tunisian women married to
  non-nationals to pass on their nationality to
  their children provided that they are born in
  Tunisia.
• Morocco
• In Morocco, several women groups have been
  working with some political parties on the issues
  of nationality, with the objective of a
  significant change in the legislation, giving
  women the right to transfer nationality to their
  children systematically.
• Egypt
• In Egypt, the government announced the permission
  to grant Egyptian citizenship to children of
  Egyptian women married to non-nationals under
  condition that they meet certain requirement,
  such as proof consistent residency in Egypt for
  least ten years.

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Lacuna of Somaliland Citizenship Law

• Absence of equality of gender in transferring of
  their citizenship to their children
• wives of Somaliland citizens have strong statutes
  than Somaliland citizen wives to foreigner who
  acquired her husband citizenship
• the rights of dual citizenship acquisition is
  only for male citizens with wives of Somaliland
  citizens
• Somaliland citizen wives to alien husband can not
  obtain dual citizenship
• Foreigners have to forfeit their citizenship
  before acquiring Somaliland citizenship
• Difficulties of distinguishing of societal
  definition of citizenship and legal definition of
  citizenship
• Confusing nature of registration
• A person who father is not know has to fulfill
  requirement of 4(1) and a person who has neither
  mother nor father can obtain the citizenship
  easily (this may encouraging children to be
  abandoned)

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Recommendation

• Clear cut boundary should be draw along side
  clans or sub-clans residing within the
  territorial premises and clans or sub-clans
  outside the periphery of the geopolitical map.
• There is a need to distinguish the effects of the
  critical changes in social movement
• There is a need to establish conditions for the
  movements of citizens
• The question is what exactly these changes imply
  for the institution of citizenship
• Partial citizenship which is limiting the
  relationship with state to be issued
• The parliament to revise this law

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Conclusion

• The expectations are warning that the population
  will escalate on a larger scale when the
  elections are taking place

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Questions

• Having in mind nomadic nature of Somaliland
  society there are family residing in the bank of
  boundary therefore, how this problem can handle?
• Should citizens register in their respective
  localities of their origin?
• Is the Article 3 of Citizenship Law could be the
  only alternative mechanism for registration?
• Can Caaqils list down the member every clans and
  sub-clans?
• To what extent Caaqils can make declaration
  before the court?
• Can the number of registered Caaqils cope with
  such bulk and complicated mechanism of
  registration
• Which court has jurisdiction over such matter?
• Despite the fact of the population scattered all
  over the country to what extent the method could
  be conducive for the citizens.