Yemen/Ethiopia: Whether an Ethiopian-born citizen, whose father is a citizen of Yemen, is entitled to Yemen citizenship; if so, what procedures must be followed in order to obtain Yemen citizenship; whether obtaining citizenship is automatic upon application, or whether there are conditions, such as renouncing Ethiopian citizenship
Anyone whose father is a Yemen national automatically receives Yemeni citizenship upon birth regardless of where he or she is born (Yemen 26 Mar. 2010; US n.d.; Yemen 26 Aug. 1990, Art. 3). Additionally, sources report that the nationality law was amended in 2009 to also allow Yemeni mothers to pass Yemeni citizenship on to their children (Human Rights Watch Jan. 2010; AI Nov. 2009; Yemen News Agency 31 Mar. 2009). As well, Yemeni citizens may hold dual citizenship (Yemen 26 Mar. 2010; Yemen News Agency 31 Mar. 2009; US n.d.).
In 30 March 2010 correspondence, an official from the Embassy of the Republic of Yemen in Ottawa stated that there are no special procedures to have Yemeni citizenship recognized in the case of someone born outside of Yemen (Yemen 30 Mar. 2010). The Official explained that those born outside Yemen must provide proof of their parents' citizenship, such as a Yemeni passport or Betaqa (identification card), when applying for citizenship (Yemen 30 Mar. 2010). Article 8 of the Republican Decree No. 3 of 1994 - Executive Regulation of Law No. 6 of 1990 AD Concerning the Yemeni Nationality of January 1994, which provides guidance into the interpretation of the 1990 law on Yemeni nationality, provides more details, stating that
[…] the nationality of the children of the Yemeni shall be established by all means of proof, among them the following:
1- The birth certificate issued outside the homeland.
2- The father's personal identity card or the family card.
3- The passport of the mother.
4- The travel document or the passport by which he arrived at the Republic.
5- The identification form prepared by the Authority and issued by a resolution of the Minister. (Yemen 29 Jan. 1994, Art. 8)
The same Decree indicates that the Authority represents the Immigration, Passports and Nationality Authority (ibid., Art. 2).
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
Amnesty International (AI). November 2009. Yemen's Dark Side: Discrimination and Violence against Women and Girls. <http://www.amnesty.org/en/library/info/MDE31/014/2009/en> [Accessed 26 March 2010]
Human Rights Watch. January 2010. "Yemen". World Report 2010: Events of 2009. <http://www.hrw.org/en/node/87738> [Accessed 26 March 2010]
United States (US). N.d. "International Parental Child Abduction Yemen." <http://travel.state.gov/family/abduction/country/country_535.html#> [Accessed 12 Mar. 2010]
Yemen. 30 March 2010. Correspondence with an official of the Embassy of the Republic of Yemen in Ottawa.
_____. 26 March 2010. Correspondence with an official of the Embassy of the Republic of Yemen in Ottawa.
_____. 29 January 1994. Republican Decree No. 3 of 1994 - Executive Regulation of Law No. 6 of 1990 AD Concerning the Yemeni Nationality. (United Nations Refworld) <http://www.unhcr.org/refworld/pdfid/4001766b4.pdf> [Accessed 12 Mar. 2010]
_____. 26 August 1990. Law No. 6 of 1990 Concerning Yemeni Nationality. <http://www.yemenembassy.org/consulate/nationality.htm> [Accessed 12 Mar. 2010]
Yemen News Agency (SABA). 31 March 2009. "Parliament Ratifies Amended Yemeni Citizenship Law." <http://www.sabanews.net/en/news179864.htm> [Accessed 12 March 2010]
Additional Sources Consulted
Oral sources: Attempts to reach the Ethiopian Embassy in Yemen were unsuccessful.
Publication: Hostile Shores: Abuse and Refoulement of Asylum Seekers and Refugees in Yemen.
Internet sources, including: Australia — Refugee Review Tribunal (RRT), European Country of Origin Information Network (ecoi.net), Freedom House, Office of the United Nations (UN) High Commissioner for Refugees (UNHCR) Refworld, United Kingdom (UK) — Home Office, Yemen — Embassy of Yemen in Ottawa, Yemen — Embassy of Yemen in London, Yemen — Ministry of Foreign Affairs, Yemen — National Information Center.