A recent statement by President Dr Hassan Sheikh Mohamud has stirred intense debate at home and abroad: “If you are Somali and hold a foreign passport, you are not Somali; you must enter the country through an e-visa.”
Critics, including legal scholar @AbdiHirsiBulhan, denounced the remark as unconstitutional and hostile to the Somali diaspora. But a closer reading of Somalia’s constitutional, statutory, and international frameworks suggests the President’s concern is legally sound.
At the heart of the issue lies a clash between Somalia’s 2012 Provisional Constitution and the 1962 Citizenship Law (Law No. 28).
The Constitution (Art. 8) guarantees Somali nationality and explicitly recognises dual citizenship. It prohibits depriving a Somali of nationality even if they acquire another.
The 1962 law (Art. 10 and 11) took the opposite view: anyone who voluntarily accepted a foreign nationality automatically lost Somali citizenship.
This contradiction creates a legal vacuum. In principle, dual citizenship is allowed. In practice, the statutory law still forbids it. Until Parliament reforms the 1962 law, authorities face uncertainty when dealing with Somalis who hold only foreign passports.
Why Verification Matters
Critics argue that Somali citizenship is a constitutional right. But rights must be verifiable. The Constitution affirms nationality but leaves the details of proof to legislation.
If a person presents only a foreign passport, Somali authorities face two competing realities:
Under the Constitution, that person may still be Somali.
Under the 1962 law, they may have lost Somali nationality when they naturalised abroad.
This is the legal dilemma President Hassan Sheikh was pointing to. His words were not about exclusion, but about verification.
International Law
International law supports this cautious approach.
The Hague Convention (1930) gives states full authority to define nationality.
The Universal Declaration of Human Rights (Art. 15) prevents arbitrary deprivation but does not require automatic recognition.
The 1961 Statelessness Convention prohibits rendering people stateless, but Somalia is not obliged to accept foreign passports as proof of Somali citizenship.
A foreign passport is evidence of foreign nationality, not Somali nationality.
The Civil War Factor Somalia’s civil war destroyed records and registries, leaving millions in the diaspora without Somali documentation. While many had no choice but to adopt foreign passports, the absence of Somali IDs cannot automatically serve as proof of Somali nationality today.
Without reform, the system is open to exploitation — including by non-Somalis falsely claiming Somali identity.
NIRA: The Institutional Solution
The National Identification and Registration Authority (NIRA), created by the 2023 Identification and Registration Act, is tasked with solving this problem. By issuing every Somali citizen and legal resident a National Identification Number (NIN) (Tirsi Aqoonsi), NIRA is building a secure biometric database to verify citizenship.
NIRA is the bridge between Somalia’s constitutional rights and outdated laws. It ensures Somali nationality is provable, reliable, and protected from abuse.
Why the President Is Right
The President cannot revoke citizenship by decree. But he can highlight the gap between the Constitution and the 1962 law. By suggesting that those travelling solely on foreign passports enter through an e-visa, the President is emphasising two points:
Under the Constitution, that person may still be Somali.
Under the 1962 law, they may have lost Somali nationality when they naturalised abroad.
This is the dilemma the President was pointing to; his words were not about exclusion, but about verification
The President’s statement should not be dismissed as political rhetoric. It reflects a serious legal reality: Somalia cannot uphold constitutional rights without credible verification of nationality. The Constitution (2012) permits dual citizenship, but the 1962 Citizenship Law still rejects it. This contradiction demands a practical solution. A foreign passport alone cannot prove Somali nationality. That is why NIRA, now operational, is the solution. By issuing secure IDs and building a trusted national registry, NIRA ensures Somali citizenship is verifiable, fair, and protected from abuse. In sum: President Hassan Sheikh Mohamud is correct. His remarks are not about exclusion, but about strengthening the rule of law. Somalia must back its position by reforming outdated laws, empowering NIRA, and ensuring judicial oversight. With NIRA as the solution, Somali citizenship can be safeguarded, diaspora rights respected, and national sovereignty preserved. .
Abdullahi M Hassan ( Abdullahi Yabarow), Legal Researcher, Co-founder and Director of the Federal Dialogue, the National Unity Programme, and the Legal Office at Mowlac Forum, a Somali-based research organisation.
He holds a Master of Laws (LLM) and is a legal researcher, political scholar, and international legal advisor. His expertise includes public international law, human rights law, and federal dialogue processes, focusing on legal reform, governance, and state-building in post-conflict and transitional contexts.
Abdullahi remains dedicated to advancing inclusive governance, legal development, and the rule of law through research, advocacy, and strategic legal counsel at national and international levels.
