Somali citizenship law: who is a Somali citizen

Which laws decide who is Somali?

Three sources of law decide it (Bronwen Manby, Citizenship Law in Africa, 3rd ed., 2016, pp. 36, 134):

• The Somali Citizenship Law, Law No. 28 of 22 December 1962, published in the Official Bulletin (Bollettino Ufficiale, 22 Dec 1962, English from p. 9, archived; text on Refworld).
• The Provisional Constitution of 2012, which overrides other laws.
• International treaties Somalia has joined, such as the Convention on the Rights of the Child (2015).

The 1962 law replaced two earlier laws: Law No. 9 of 12 February 1960 for the former Italian Somaliland, and Ordinance No. 15 of 25 June 1960 for the former British Somaliland (Bollettino Ufficiale, 1962, p. 14).

Who is Somali by birth?

• Through the father. A child born anywhere is Somali if the father is Somali. The law defines a Somali as a person who "by language, origin or tradition" belongs to the Somali nation (Immigration and Refugee Board of Canada, 9 Mar 2018; Manby 2016, pp. 52, 56).
• Through the mother. Only if the father is stateless (Article 14). Such a child may give up Somali citizenship as an adult (UN Committee on the Rights of the Child, 2019, via Wikipedia).
• Foundlings. A child of unknown parents found in Somalia is presumed to have a Somali father (Article 15) (Bollettino Ufficiale, 1962, p. 13).

Can a foreigner become Somali?

Yes, by a grant of citizenship (Manby 2016, pp. 81–94):

• Residence: at least seven years, with good character and conduct.
• Somali mother: a person whose mother is Somali can apply after two years of residence (Cotran 1963, cited in Wikipedia).
• Marriage: a foreign woman who marries a Somali man becomes Somali automatically. The law has no equal rule for foreign husbands of Somali women (IRB Canada, 2018).
• Honorary citizenship: the President may grant it for exceptional service (Manby 2016, p. 94).
• Adopted children: the law has no rule for them. When Somalia joined the Convention on the Rights of the Child in 2015, it did not accept Article 20 on adoption (Manby 2016, p. 57).

Can you lose Somali citizenship?

• By giving it up, with the state's permission (Manby 2016, p. 112).
• Naturalised citizens can lose it for crimes against the state or for fraud in the application (Manby 2016, p. 111). Citizens by origin cannot be stripped of it (p. 104).
• Under the 1962 text, citizenship could be lost by taking another nationality, serving a foreign government or army, or, for a woman, marrying a foreigner and taking his nationality (IRB Canada, 2018).
• Getting it back: a former citizen can reapply after three years of residence (Manby 2016, p. 115).

Is dual citizenship allowed?

The 1962 law forbids it (Article 10). The 2012 Provisional Constitution allows it, and the constitution overrides the law (Manby 2016, p. 75; IRB Canada, 2018). Norway's country-information unit notes that many recent Somali leaders have held other citizenships too (Landinfo, 30 Sep 2021).

The 2016 reform bill

A 2016 draft bill to amend the Citizenship Law would have:

• let women and men pass citizenship equally to children and spouses;
• stopped women losing citizenship by marrying a non-Somali;
• given citizenship to children born in Somalia who would otherwise be stateless, and to abandoned and adopted children;
• brought the law into line with the 2012 constitution on dual citizenship.

(Somalia, Universal Periodic Review national report, 2021; Wikipedia, Somali nationality law).

What about Somaliland?

Somaliland has its own Citizenship Law of 2002. It counts as citizens people who lived in the territory before 26 June 1960 and their descendants through the father (Landinfo, 2021). Somalia treats people from Somaliland, and ethnic Somalis from the Ogaden, as entitled to Somali citizenship (IRB Canada, 2018). See Somaliland passport.

Related pages

• Somali passport
• Somali national ID (NIRA)
• Immigration and Citizenship Agency
• Constitution of Somalia