This
document is posted here for historical purposes, as it is the law which
governed the citizenship of all Somalis living in the former union of the
Somali Republic from 1962 to 1991. As stated
in Article 17, this Law repealed the Somaliland Citizenship Ordinance No: 15 of
25 June 1960 which dealt with the citizenship of the independent State of
Somaliland.
Law No. 28 of 22 December 1962 - Somali Citizenship
FIRST PART LAWS AND
DECREES
THE PRESIDENT OF THE
REPUBLIC
Taking note of the
approval of the National Assembly
HEREBY PROMULGATES
The following law:
Article
1. Acquisition of Citizenship
Somali citizenship may
be acquired by operation of law or by grant
Article
2. Acquisition of Citizenship by
Operation of Law
Any person:
a) whose
father is a Somali citizen;
b) who
is a Somali residing in the territory of the Somali Republic or abroad and
declares to be willing to renounce any status as citizen or subject of a
foreign country shall be a Somali Citizen by operation of law.
Article
3. Definition of
"Somali"
For the purpose of this
law, any person who by origin, language or tradition belongs to the Somali Nation
shall be considered a "Somali".
Article
4. Acquisition of Citizenship by
Grant
Somali citizenship may
be granted to any person who is of age and makes application therefor, provided
that:
a) he
has established his residence in the territory of the Somali Republic for a
period of at least seven years;
b) he
is of good civil and moral conduct;
c) he
declares to be willing to renounce any status as citizen or subject of a
foreign country
Article
5. Reduction of Period
The period referred to
in sub-paragraph a) of the preceding article shall be reduced to two years,
where the person concerned is the child of a Somali mother even if she is not a
citizen.
Article
6. Renunciation of Foreign
Citizenship
1. Any person who, in
accordance with articles 2 and 4 of this law, declares that he is willing to
renounce any status as citizen or subject of a foreign country, shall make such
declaration before the President of the District Court of the district where he
resides or, if he resides abroad, before a Consulate of the Somali Republic.
2. A certificate
that the declaration has been made shall be issued in two copies, one of which
shall be delivered to the person concerned.
3. In the case
provided for in paragraph b) of article 2, if the person concerned is a minor, the
declamation may be made by his legal representative.
Article
7. Granting of Citizenship
1. The granting of
citizenship provided for in article 4 of this law shall be made by decree of
the President of the Minister of interior, having heard the Council of
Ministers.
2. The granting of
citizenship shall be subject to the prior advice of a special Commission
consisting of a President and eight members appointed for a period of two years
by decree of the President of the Republic on the proposal of the Prime
Minister, having heard the Council of Ministers.
3. The President
and the Members of the Commission shall be chosen from among qualified Somali
Citizens representing the various sections of the national community.
Article
8. Oath
1. The decree granting Somali
citizenship referred to in the preceding article shall not come into force
unless the person concerned takes an oath of allegiance that he will be loyal
to the Republic and comply with the Constitution and other laws.
2. The oath shall
be administered before the President of the District Court competent for the
area.
Article
9. Granting of Honorary
Citizenship
1. Honorary Somali
citizenship may be granted to any person who has rendered exceptional services
to the Somali Republic. The granting of honorary citizenship shall be made by
decree of the President of the Republic on the proposal of the Prime Minister,
having heard the Council of Ministers. The granting of honorary citizenship
shall not be subject to the procedures and conditions established in the
preceding articles.
2. The granting of
honorary citizenship shall not include the enjoyment of political rights or the
obligation to render military service. It shall not extend to the members of
the family of the person to whom honorary citizenship has been granted.
Article
10. Renunciation of Citizenship
Any Somali citizen who:
a) having
established his residence abroad, voluntarily acquires (citizenship of) a foreign
country;
b) having established
his residence abroad, and having acquired, for reasons beyond his will, foreign
citizenship or the status as subject of a foreign country, declares to renounce
Somali citizenship;
c) being abroad and
having accepted employment from a foreign Government or voluntarily serving in
the armed forces of a foreign country, continues to retain his post,
notwithstanding the notice from, the Somali Government that, unless he leaves
the employment or the service within a definite period of time, he shall lose
Somali citizenship;
shall cease to be a Somali citizen.
Article
11. Deprivation of Citizenship
acquired by Grant by Reason of Unworthiness
1. Any person who has
acquired Somali citizenship by grant may be deprived of his Somali citizenship
b reason of unworthiness:
a) where
the decree granting citizenship has been obtained with fraud, false
representation or the concealment of any material fact;
b) where
the person concerned has been sentenced to imprisonment for a term not less
than five years for a crime against the personality of the Somali State.
2. The decree
depriving a person of his Somali citizenship shall be issued in the same manner
prescribed for the decree granting citizenship.
3. Deprivation of
citizenship acquired by grant shall not extend to the wife and minor children
of the person concerned.
Article
12. Recovery of Citizenship
1. Any person who
fulfils the conditions laid down in article 2 of this law and has lost his
Somali citizenship may recover it, on application made therefor,
if the subsequently establishes his residence in the territory of the Somali
Republic, and declares to be willing to renounce any status as citizen or
subject of a foreign country.
2. In any other
case, a person who has lost his Somali citizenship my recover it, on
application made therefor, if he subsequently
establishes his residence in the territory of the Somali Republic for at least
three years and proves that he fulfilled the conditions laid down in this law
for the acquisition of citizenship.
Article
13. Married Women
1. Any woman who is not
a citizen and marries a citizen shall acquire Somali citizenship. She shall
retain it even after the dissolution of the marriage, except where she (renounces
her) Somali citizenship under the terms of article 10.
2. Except as
provided in paragraph 2 of article 9, any woman who is not a citizen and is the
wife of an alien or stateless person who acquires citizenship, shall acquire
Somali citizenship.
Article
17. Repeal
The Law 12 February
1960, No. 9, the Ordinance 25 June 1960, No. 15, and any other provision
incompatible with this law, are hereby abrogated.
Article
18. Citizenship Previously
Acquired
Any person
who, at the date of the entry into force of this law, had acquired Somali
citizenship under the provisions of previous legislation, shall retain his
citizenship for all purposes.
Article
19. Regulations
Regulations for the
implementation of this Law shall be issued within six months from the date of
the entry into force of this Law.
Article
20. Entry Into
Force
This Law shall come
into force on the thirtieth day following the date of its publication.
This law shall be
included in the Official Compilation of Laws and published in the Official
Bulletin.
All persons shall be
required to observe it and to cause others to observe it as a law of the
Republic.
Aden Abdullą Osman
The Prime Minister
ABDI-RASHID ALI
SHERMARKE
The Minister of
Interior
MOHAMUD ABDI NUR