Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

The Constitution of the Federal Democratic Republic of Ethiopia indicates the following regarding nationality:

Article 6 Nationality

1. Any person of either sex shall be an Ethiopian national where both or either parent is Ethiopian.
2. Foreign nationals may acquire Ethiopian nationality.
3. Particulars relating to nationality shall be determined by law.

...

Article 33 Rights of Nationality

1. No Ethiopian national shall be deprived of his or her Ethiopian nationality against his or her will. Marriage of an Ethiopian national of either sex to a foreign national shall not annul his or her Ethiopian nationality.

...

3. Any national has the right to change his Ethiopian nationality.

4. Ethiopian nationality may be conferred upon foreigners in accordance with law enacted and procedures established consistent with international agreements ratified by Ethiopia. (Ethiopia 1995)

The Proclamation on Ethiopian Nationality of 2003 indicates the following regarding the acquisition of Ethiopian nationality by descent and the conditions to be fulfilled:

3. Acquisition by Descent

1. Any person shall be an Ethiopian national by descent where both or either of his parent is Ethiopian.
2. An infant who is found abandoned in Ethiopia shall, unless proved to have a foreign nationality, be deemed to have been born to an Ethiopian parent and shall acquire Ethiopian nationality.

...

5. Conditions to Be Fulfilled

A foreigner who applies to acquire Ethiopian nationality by law shall:

1. have attained the age of majority and be legally capable under the Ethiopian law;
2. have established his domicile in Ethiopia and have lived in Ethiopia for a total of at least four years preceding the submission of his application;
3. be able to communicate in any one of the languages of the nations/nationalities of the Country;
4. have sufficient and lawful source of income to maintain himself and his family;
5. be a person of good character;
6. have no record of criminal conviction;
7. be able to show that he has been released from his previous nationality or the possibility of obtaining such a release upon the acquisition of Ethiopian nationality or that he is a stateless person; and
8. be required to take the oath of allegiance stated under Article 12 of this Proclamation. (ibid. 2003)

The Proclamation further states the following regarding the re-acquisition of Ethiopian nationality:

22. Re-Admission to Ethiopian Nationality

1. A person who was an Ethiopian national and who has acquired foreign nationality by law shall be re-admitted to Ethiopian nationality if he:
1. returns to domicile in Ethiopia;
2. renounces his foreign nationality; and
3. applies to the Authority for re-admission.
2. The provisions of Sub-Article (1) of this Article shall also apply to a person who has lost his Ethiopian nationality pursuant to Article 20 (2) of this Proclamation. (ibid.)

The relevant contextual articles are provided below:

19. Renunciation of Ethiopian Nationality

1. Any Ethiopian who has acquired or has been guaranteed the acquisition of the nationality of another state shall have the right to renounce his Ethiopian nationality.

...

3. The renunciation of the nationality of a minor child pursuant to Sub-Article (1) of this Article shall be effected by the joint decision of his parents or, where one of his parents is a foreigner, by the decision of the Ethiopian parent. (ibid.)

20. Loss of Ethiopian Nationality upon Acquisition of Other Nationality

...

2. An Ethiopian who acquires another nationality by virtue of being born to a parent having a foreign nationality or by being born abroad shall be deemed to have voluntarily renounced his Ethiopian nationality unless he has declared to the Authority his option to retain it by renouncing his other nationality within one year after attaining the age of majority, or unless there has been an earlier express renunciation of his Ethiopian nationality pursuant to Article 19 (3) of this Proclamation. (ibid.)

On 5 February 2002, the President of Ethiopia issued Proclamation No. 270/2002, which provides foreign nationals of Ethiopian origin with certain rights in the country; a copy of this Proclamation is attached to this Response (attachment 1). Information on the implementation of Proclamation on Ethiopian Nationality of 2003 and Proclamation No. 270/2002 could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The website of the Ethiopian embassy in Washington, DC indicates the following procedures for foreign nationals of Ethiopian origin to obtain an Ethiopian Origin ID Card:

1. Fill out and submit two copies of [the] application form [a copy of this form is attached to this Response].
2. Two copies of valid passport from the country of naturalization.
3. Two copies of supporting documents showing Ethiopian Origin

Two copies of old Ethiopian passport ... ; or

Two copies of [the] Birth certificate which is authenticated through [the] Ethiopian Ministry of Foreign Affairs; or

Two copies of your parent (Father/Mother) Ethiopian passport or Ethiopian Kebele ID card; or

Two copies of document[s] showing that you are the legal inheritor authenticated by the concerned authority; or

Two copies of [the] adoption document. The document should be authenticated by the concerned authority; or

Two copies of court document[s] showing Ethiopian origin. The document should be authenticated; or

Two copies of your relatives' (brother or sister) Ethiopian passport or Ethiopian Kebele ID card; or others [sic] testimony document which is given by three Ethiopians or Ethiopian by birth.

4. Fingerprint of the Applicant and with a copy [sic] ...
5. Two (2) recent, color passport size Photographs with white background with the name of the applicant at the back of the photograph;
6. Payment of $100.00 in the form of money order or Cashier's Check, or Certified bank check payable to the Embassy of Ethiopia.
7. A self-addressed return envelope ... (ibid. n.d.)

For additional information on the Ethiopian Kebele card and the Ethiopian Origin ID Card, please consult the Response to Information Request ZZZ104428.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Ethiopia. 2003. Proclamation No. 378/2003: A Proclamation on Ethiopian Nationality. [Accessed 9 June 2014]

Ethiopia. 1995. Proclamation No. 1/1995: A Proclamation to Pronounce the Coming into Effect of the Constitution of the Federal Democratic Republic of Ethiopia. [Accessed 17 June 2014]

Ethiopia. N.d. Embassy of Ethiopia in Washington, DC. "Ethiopian Origin ID Cards." [Accessed 16 June 2014]

Additional Sources Consulted

Oral sources: Attempts to contact Ethiopian representatives of the following entities were unsuccessful within the time constraints of this Response: Ethiopian embassy in Canada; Ethiopian embassy in the UK; Ethiopian Ministry of Foreign Affairs – Diaspora Affairs.

Four lawyers based in Ethiopia could not provide information within the time constraints of this Response.

Internet sites, including: Addis Standard; Amnesty International; Australia – Migration Review Tribunal; ecoi.net; Ethiopia – Ministry of Foreign Affairs; Factiva; Freedom House; Human Rights Watch; International Journal of Refugee Law; International Organization for Migration; Ireland – Refugee Documentation Centre; Jeune Afrique; JStor; Norway – Landinfo; Open Society Foundations; Refugees International; Sweden – Migrationsverket; United Kingdom – Home Office; United Nations – High Commissioner for Refugees, Refworld; United States – Central Intelligence Agency, Department of State.

Attachments

1. Ethiopia. 2002. Proclamation No. 270/2002: A Proclamation to Provide Foreign Nationals of Ethiopian Origin with Certain Rights to Be Exercised in Their Country of Origin. [Accessed 16 June 2014]
2. Ethiopia. N.d. Embassy of Ethiopia in Washington, DC. "Application Form for the Issuance/Renewal of Ethiopian Origin Identification Card." [Accessed 16 June 2014]