Constitution

Mozambique 2004 Constitution (reviewed 2007)

Table of Contents

TITLE II. NATIONALITY

CHAPTER I. NATIONALITY BY ORIGIN

Article 23. Jus Soli and Jus Sanguinis

  1. The following persons shall, provided that they were born in Mozambique, be Mozambicans:
    1. The children of a father or a mother who was born in Mozambique;
    2. Children whose parents are stateless or of unknown nationality;
    3. Those who were domiciled in Mozambique at the time of independence and did not choose any other nationality, expressly or tacitly.
  2. The children of a Mozambican father or mother working for the Mozambican State outside the country shall be Mozambicans, even if born abroad.
  3. The children of a Mozambican father or mother shall be Mozambican, even if born abroad, provided that they have expressly declared, either on their own behalf, if over eighteen years of age, or through their legal representatives, if younger, that they wish to be Mozambican.

Article 24. Jus Soli

  1. Persons born in Mozambique after the proclamation of independence are Mozambican nationals.
  2. This rule shall not apply to children born of a foreign father and a foreign mother, when either of them is in Mozambique in the employ of the government of his or her country.
  3. The persons referred to in the preceding paragraph shall only have Mozambican nationality if they declare, for themselves if they are over eighteen years of age, or through their legal representatives if younger than this, that they wish to be Mozambican.
  4. The time limit for the declaration referred to in the preceding paragraph is one year, counting from the date of birth of the interested party, where the declaration is made by his or her legal representative, or from his or her eighteenth birthday, where the declaration is made personally.

Article 25. By Age of Majority

Persons who have met the requirements for nationality by origin but have not acquired such nationality by virtue of a choice made by their legal representatives, shall be Mozambican, provided that they are over eighteen years of age and that, within one year after attaining the age of majority, they personally declare that they wish to be Mozambican.

CHAPTER II. ACQUIRED NATIONALITY

Article 26. By Marriage

  1. A foreign person who has been married to a Mozambican citizen for at least five years acquires Mozambican nationality, except in cases of statelessness, provided that all of the following conditions are met:
    1. that he or she declares that he or she wishes to acquire Mozambican nationality;
    2. that he or she meets the requirements and offers the guarantees prescribed by law.
  2. The nationality acquired by the spouse shall not be prejudiced by the declaration of annulment or dissolution of the marriage.

Article 27. By Naturalisation

  1. Mozambican nationality may be granted by naturalisation to foreigners who, at the time of submission of their application, meet all the following conditions:
    1. that they have resided in Mozambique habitually and regularly for at least ten years;
    2. that they are over eighteen years of age;
    3. that they know Portuguese or a Mozambican language;
    4. that they have command of their person and are capable of ensuring their own subsistence;
    5. that they have civic probity;
    6. that they meet the requirements and offer the guarantees prescribed by law.
  2. The conditions set out in paragraphs a) and c) shall be waived for foreigners who have rendered relevant services to the Mozambican State, in the terms prescribed by law.

Article 28. By Filiation

Mozambican nationality may be granted by means of naturalisation to the unmarried children, under eighteen years of age, of a citizen who has acquired Mozambican nationality.

Article 29. By Adoption

A person who is adopted fully by a Mozambican national acquires Mozambican nationality.

Article 30. Restrictions on the Performance of Functions

  1. Citizens with acquired nationality may not be deputies or members of Government nor shall they be eligible for access to a diplomatic or military career.
  2. The law shall define the conditions under which citizens who have acquired Mozambican nationality may perform public duties or private duties of public interest.

CHAPTER III. LOSS AND REACQUISITION OF NATIONALITY

Article 31. Loss

Mozambican nationality shall be lost by a person who:

  1. being a national of another State, declares, in accordance with the proper procedures, that he or she does not wish to be Mozambican;
  2. having been given Mozambican nationality as a minor by virtue of a legal representative’s declaration, declares, in accordance with the proper procedures, and within one year of reaching the age of majority, that he or she does not wish to be Mozambican, provided that he or she can demonstrate possession of another nationality.

Article 32. Reacquisition

  1. Mozambican nationality may be granted to Mozambicans who, having lost such nationality now request it, provided that they meet all of the following conditions:
    1. that they establish their domicile in Mozambique;
    2. that they meet the requirements and offer the guarantees prescribed by law.
  2. A Mozambican woman who has lost her nationality through marriage may reacquire it by addressing a request to the competent authorities.
  3. Reacquisition of nationality shall restore the legal situation prevailing prior to the loss of nationality.

CHAPTER IV. PREVAILING NATIONALITY AND REGISTRATION

Article 33. Prevalence of Mozambican Nationality

No other nationality of persons who are Mozambican nationals under the terms of the law of the Republic of Mozambique shall be recognised or have any legal effect in the Mozambican legal order.

Article 34. Registration

The registration and proof of acquisition, loss and reacquisition of Mozambican nationality shall be regulated by law.