1. 

Academy for Peace & Development

2. Somaliland citizenship law No:22/2002

Presenter Mohammed Matan Jama

3. 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, Somaliland’s 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?

4. 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.

5. 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

6. 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)

7. 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

8. 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 father’s citizenship)

9. 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?

10. 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

11. 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).

12. 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.

13. 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.

14. 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.

15. Article 9(2) of citizenship law

Any Somaliland citizen female who marries foreign shall loss her citizenship if she accepts her husband’s citizenship

16. 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?

17. 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?

18. Honorary citizenship is exceptional

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

19. Fatherless Children

Article 4 (2) of citizenship If it is clear that the child’s 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

20. 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.

21. 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

22. 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.

23. 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)

24. 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

25. Conclusion

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

26. 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.