Act No. 2/1982 of 6 April 1982 (Nationality Act)
|Publisher||National Legislative Bodies / National Authorities|
|Author||Republic of Mozambique|
|Publication Date||6 April 1982|
|Cite as||Act No. 2/1982 of 6 April 1982 (Nationality Act) , 6 April 1982, available at: http://www.refworld.org/docid/3ae6b5231c.html [accessed 1 November 2014]|
|Comments||This is an unofficial translation of the Law which was published in the Offical Gazette, Boletim da República Publicaçao Oficial, I Serie, No. 12 dated 6 April 1982.|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
The Nationality Act, which entered into force at zero hours on 25 June 1975, at the same time as the Constitution of the People's Republic of Mozambique, is one of the politico-legal instruments which enshrine the total and complete independence of the Mozambican people.
The main objective of the Nationality Act was to define citizenship at the legal level and consolidate the feeling of appurtenance to the Mozambique fatherland.
The concern to break with all the vestages of colonialism has led to the ruling out of the possibility of dual nationality when one of them was the Mozambican nationality. That same approach led to the absence of any reference to the reacquisition of nationality when lost due to one of the causes specified by law.
The process of mental decolonialization which continued after the proclamation of independence, as well as the deepending of the revolutionary process, led to the emergence of the phenomenon of renunciation to nationality and that of the trade in nationality, the latter consisting of adopting a nationality for the purpose of entering into contracts which permitted the transfer abroad of part of the earnings in foreign exchange.
Severe measures were then taken in consonance with the situation, measures for the defence of Mozambican nationality and of the legitimate pride of Mozambicans for their nationality. Those who behaved with contempt for the nationality acquired with such great hardship, as well as those who held it cheap, were expelled.
Latter many of those who, without reflecting and still connected by an umbilical cord with the former colonial metropolis, had renounced their true nationality, became aware of the seriousness of their acts.
There then emerged applications for return, claiming inadaptation to the country of option, alleging that they had taken precipitate and ill-considered decisions and, lastly, repenting the attitudes adopted in the past.
The party was not unaware of that situation and in a spirit of clemency which has been its tradition, authorized the return to the country of hundreds of persons who requested it.
Since, however, the law has not made provision for the reacquisition of nationality, the position of these persons regarding their nationality remained to be define at the legal level.
Considering that the spirit of the measures of clemency was:
- To pardon the grave mistake committed by those who had renounced;
- To permit the return to their true country;
- To restore Mozambican nationality.
The Standing Commission of the People's Assembly, pursuant to article 44 of the Constitution, hereby decides:
(1) The Council of Ministers may grant Mozambican nationality to those who, after having lost it, request it and fulfil cumulatively all the following conditions:
(a) Establish their domicile on Mozambican territory;
(b) Offer political and moral assurances of reintegration in Mozambican society.
(2) When powerful reasons so indicate, the Council of Ministers may decide that the nationality granted by virtue of paragraph 1 hereof will have the same effects as nationality of origin.
The relevant provisions of the Nationality Act and its Regulations of implementation relating to the acquisition of nationality shall apply to the reacquisition mentioned in article 1 hereof.