Nationality Laws in Ethiopia and Eritrea: Overview of Evolution, Attainments and Gaps

Abstract

This article briefly examines Ethiopia’s nationality law since 1930 and highlights Eritrea’s post-1992 nationality law. It also discusses the attainments and current challenges relating to nationality laws in Ethiopia's federal system and Eritrea's unitary structure. Historically, the two nations shared common nationality law, political and social landscapes up to the Eritrean secession in 1993. Even though Ethiopia’s 1995 Constitution empowers the federal government to legislate a nationality law, bureaucratic impediments and the influence of ethnic federalism complicate equitable access to nationality rights. Regional governments play a significant role in defining these rights, resulting in ethnic disparities that entrench societal divisions. Moreover, the absence of a centralized residential identification system raises doubts about nationality status and limits access to essential services. While this gap relates to functional ID that proves residency and entitlement to services, the current attainments in Ethiopia relating to Fayda National Digital ID are commendable with regard to foundational ID. In contrast, Eritrea's nationality laws that are based on the unitary political structure remain incomplete without ratification of the 1954 and 1961 conventions on statelessness, which could enhance legal protections for citizens and stateless individuals. By engaging with these international norms, Eritrea could foster a more inclusive environment and contribute to regional stability and human rights protection. This article uses social constructivism of a qualitative method in order to analyze how social values are constructed and maintained through discourse. Understanding how discourse shapes perceptions and policies can inform strategies for social change. Social constructivism challenges dominant narratives, and can contribute to more equitable and inclusive methodological practices.