Somalia/Ethiopia: 1) Information regarding who is considered a citizen by birth in Ethiopia and Somalia; situation of an ethnic Somali born in Ethiopian territory. 2) Can people with Somali citizenship be allowed to remain for a long time in UN refugee camps in Somalia after fleeing Ethiopia

1) According to the Ethiopian Constitution of February 1987, "Any person with both or one parent of Ethiopian citizenship is an Ethiopian." [ Albert P. Blaustein and Gisbert H. Flanz, eds., Constitutions of the Countries of the World: People's Democratic Republic of Ethiopia (Dobbs Ferry, New York: Oceana Publications, Inc., 1988), Part 2, Chapter 6, Article 31.] The Constitution, however, does not specify particulars relating to the conditions and procedures for the acquisition of Ethiopian citizenship by citizens of other countries, but states in Article 31 that these are to be determined by law. The sources currently available to the IRBDC do not provide further details on the subject.

The Somali Constitution, [Constitutions of the Countries of the World: Somalia, (New York: Oceana Publications, Inc., 1981).] Article 4, states that citizenship is regulated by law. According to the Somali Citizenship Law (Law No. 28 of 22 December 1962), [ Haji Noor Muhammad, The legal System of the Somali Democratic Republic (Charlottesville: The Michie Company, 1972), p. 302.] Somali citizenship may be acquired by operation of law or by grant. Somali citizenship by operation of law may be acquired by any person:

a) whose father is a Somali citizen;

b) who is residing in the territory of the Somali Republic or beyond the boundaries of the Republic but belonging by origin, language, or tradition to the Somali nation, and declares to renounce any status as citizen or subject of a foreign country.

The general conditions for acquiring Somali citizenship by grant are establishing residence in the territory of the Somali Republic for a period of seven years, good civil and moral conduct, and a declaration that the person concerned is willing to renounce any status as citizen or subject of a foreign country. The conditions for renunciation and for recovery of Somali citizenship acquired by operation of law or by grant are outlined in Articles 10 and 12 of the Citizenship Law.

The copy of the Somali Citizenship law currently available to the IRBDC is unsuitable for transmission through a fax machine, but a copy could be couriered upon request.

With regard to people inhabiting the Ogaden region, while the people are predominantly from ethnic Somali origin and have deep-rooted social/cultural links with Somalia, their land is legally part of Ethiopia. [ "Ogaden: The Land But Not The People", Horn of Africa, Vol. 4, No.1, 1981, pp. 42-45.] To this end, the status of the Ogaden region has been called into dispute by Somalia since its independence in 1960. The Somalis regard the area as a Somali-inhabited region under Ethiopian colonization, whereas Ethiopia takes the position that the Ogaden is an integral part of its territory. [ Alan J. Day, ed., Border and Territorial Disputes (London: Longman Group UK Ltd., 1987), pp. 126-132.]

2) According to the UNHCR office in Ottawa, some UN refugee camps for Ethiopians in Somalia have been operating since 1978, and many ethnic Somalis have remained in them since then. Some people may be living in the camps but may not be recognized by the UNHCR as refugees or given ration cards if they are not Ethiopians. Many Ethiopians who fled the Ogaden and settled in refugee camps in Somalia are ethnic Somalis and may consider themselves Somalis, although legal citizens of Somalia would not normally qualify for UN assistance at such camps.