Law No. 28 of 22 December 1962
Somali Citizenship
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 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 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
- 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. - 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 - 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. - 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. - 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 - 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. - The oath shall be administered before the
President of the District Court competent for
the area. Article 9.
Granting of Honorary Citizenship - 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. - 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 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 - 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. - The decree depriving a person of his Somali
citizenship shall be issued in the same
manner prescribed for the decree granting
citizenship. - Deprivation of citizenship acquired by grant
shall not extend to the wife and minor children
of the person concerned.
Article 12.
Recovery of Citizenship - 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 therefore, 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 therefore, 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 - 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 Somali
citizenship under the terms of article 10. - 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. 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 Abdulla Osman
The Prime Minister
ABDI-RASHID ALI SHERMARKE
The Minister of Interior
MOHAMUD ABDI NUR
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