Cont Law No. 28 of 22 December 1962 Somali Citizenship

Cont

Law No. 28 of 22 December 1962

Somali Citizenship

                            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

Shall be a Somali citizen by operation of law:

a)-any person whose father is a Somali citizen.

b)-any person 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.

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                                                                                                                        Article 3         Definition of Somali

For the purpose of the Somali citizen 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 therefore, 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.

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Somali citizenship may be granted to any person who is of age and makes application therefore, 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 of at least seven years referred in 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

                (Modalita’ della dichiarazione di rinuncia)

1-Any person who, in accordance with the paragraph 2 and 4 of this law, declares that he is 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 of the person concerned is a minor, the declaration may be made by his legal representative.

                                   Article 7 

                    Granting of Citizenship

                  (Modalita’ della concessione)

1-The granting of citizenship shall be made by degree of the President of the Republic on the proposal of the Minister of Interior, having heard the Council of Ministers.

Cont

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 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 shall not come into force unless the person concerned takes an oath of faithfulness (giuramento di fedelta’) 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.

Cont

                                                  Article 9

                            Granting of Honorary Citizenship

1-Honorary Somali citizenship may 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 (non implicagodimento) 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.

Cont

                                        Article 10

                          Renunciation of Citizenship

-Shall cease to a Somali citizen:

Any Somali citizen who:

a)-having established his residence abroad, voluntarily acquires foreign citizenship or the status as subject 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;

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                                                   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 by reason of unworthiness (not having the necessary qualities to deserve the citizenship):

a)-where the decree granting citizenship has been obtained with fraud,  false representations (dichiarazioni) or the concealment of any material fact (o con l’occultamento di circostanze rilevanti);

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 the wife and minor children of the person concerned.

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                                                                                                                                        Article 12

                             Recovery of Citizenship

1-Any person who fulfils the condition laid down in art 2 and has lost his Somali citizenship, may recover it, on application made therefore, if he 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 territory.

2-In any other case, a person who has lost his Somali citizenship my recover it, on application made therefore, if he subsequently establishes his residence in the territory of the Somali Republic for at least three years and proves that he has fulfilled the conditions laid down in this law for the acquisition of citizenship.

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                                                              Article 13

                                         Married Women

1-Any women who is not a citizen and marries a citizen shall acquire Somali citizenship.

She shall retain even after the dissolution of the marriage, except where she renounces her Somali citizenship under the terms of art 10.

2-Except as provided in paragraph 2 of article 9, any women who is not a citizen and is the wife of an alien or stateless person who acquires citizenship, shall acquire Somali citizenship.

3-Any women who is a citizen and marries an alien shall lose her Somali citizenship if, by her marriage, she acquires her husband’s citizenship.

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4-Excpet as provided in paragraph 3 of article 11, any women who of marriage shall recover it, if the marriage is dissolved, provided that lose it too, unless the husband has become stateless of the new citizenship acquired by him cannot be extended to her.

5-Any women who was a citizen and lost her citizenship, because of marriage shall recover it, if the marriage is dissolved, provided that she establishes her residence in the territory of the Somali Republic and renounces any foreign citizenship or status as subject of foreign country in the manner prescribed in articles 6.