Somali Nationality Law
   HOME

TheInfoList



OR:

Somali
nationality law Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and for ...
is regulated by the
Constitution of Somalia The Provisional Constitution of the Federal Republic of Somalia () is the supreme law of Somalia. It provides the legal foundation for the existence of the Federal Republic and source of legal authority. It sets out the rights and duties of its ...
, as amended; the Somali Citizenship Law, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of
Somalia Somalia, officially the Federal Republic of Somalia, is the easternmost country in continental Africa. The country is located in the Horn of Africa and is bordered by Ethiopia to the west, Djibouti to the northwest, Kenya to the southwest, th ...
. The legal means to acquire
nationality Nationality is the legal status of belonging to a particular nation, defined as a group of people organized in one country, under one legal jurisdiction, or as a group of people who are united on the basis of culture. In international law, n ...
, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as
citizenship Citizenship is a membership and allegiance to a sovereign state. Though citizenship is often conflated with nationality in today's English-speaking world, international law does not usually use the term ''citizenship'' to refer to nationalit ...
. Nationality describes the relationship of an individual to the nation under international law, whereas citizenship is the domestic relationship of an individual and the state. Somali nationality is typically obtained under the principle of
jus soli ''Jus soli'' ( or , ), meaning 'right of soil', is the right of anyone born in the territory of a state to nationality or citizenship. ''Jus soli'' was part of the English common law, in contrast to ''jus sanguinis'' ('right of blood') ass ...
, i.e. by birth in
Somalia Somalia, officially the Federal Republic of Somalia, is the easternmost country in continental Africa. The country is located in the Horn of Africa and is bordered by Ethiopia to the west, Djibouti to the northwest, Kenya to the southwest, th ...
, or
jus sanguinis ( or , ), meaning 'right of blood', is a principle of nationality law by which nationality is determined or acquired by the nationality of one or both parents. Children at birth may be nationals of a particular state if either or both of thei ...
, born to parents with Somali nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through grant (
naturalization Naturalization (or naturalisation) is the legal act or process by which a non-national of a country acquires the nationality of that country after birth. The definition of naturalization by the International Organization for Migration of the ...
).


Acquisition of nationality

Nationality can be acquired in Somalia at birth if the father is Somali.


By birth

Those who acquire nationality at birth include children born anywhere as long as their father is Somali, meaning a person who by language, origin, or custom is considered to be part of the Somali nation and they have no other nationality. Foundlings or minor
orphan An orphan is a child whose parents have died, are unknown, or have permanently abandoned them. It can also refer to a child who has lost only one parent, as the Hebrew language, Hebrew translation, for example, is "fatherless". In some languages ...
s of unknown parentage, under Article 15 of the Somali Citizenship Law are presumed to have a Somali father unless proven otherwise and Somali of origin, meaning they automatically acquire nationality.


By grant

Naturalization, known as citizenship by grant, can be acquired persons who have resided in the territory for a sufficient period of time to confirm they understand the customs and traditions of the society. General provisions are that applicants have good character and conduct and have resided in the country for a minimum of seven years. There are no provisions for adoptees to acquire nationality in the statutes and when Somalia acceded to the
Convention on the Rights of the Child The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of ch ...
in 2015, they did not agree to Article 20 of the convention concerning child adoptions. Children are required to hold the same nationality as their father, unless he is stateless, in which case, they may acquire the nationality of their mother per Article 14 of the Somali Citizenship Law. However, a child who acquired nationality from its mother may renounce it upon reaching the
age of majority The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when a person ceases to be considered a minor (law), minor, and assumes legal control over their person, actions, and decisions, thus te ...
. Besides foreigners meeting the criteria, other persons who may be naturalized include: * The wife of a Somali national automatically acquires her husband's nationality upon marriage; * Honorary nationality may be granted for exceptional service to the nation at the discretion of the
President of Somalia The president of Somalia () is the head of state of Somalia. The president is also commander-in-chief of the Somali Armed Forces. The president represents the Federal Republic of Somalia, and the unity of the Somali nation, as well as ensuri ...
.


Loss of nationality

Somali nationals can
renounce {{Short pages monitor