Angola's Dual Citizenship: Allowed Or Not?

Angola has allowed dual citizenship since 1991, though the citizenship of another country has no legal applicability within Angola. Children born abroad to Angolan parents can retain dual citizenship until they are 18, at which point they must choose one citizenship. Angolan law distinguishes between the automatic attribution of nationality from birth, and the acquisition of nationality later in life.

Dual citizenship in Angola has been allowed since 1991

The 1991 revision of the Nationality Law draws a distinction between those who automatically gain nationality and citizenship through attribution (birth), and those who gain them through acquisition (naturalisation). This change in legislation treats dual citizenship as acceptable, unless the person specifically renounces their Angolan nationality.

The 2010 Constitution, the 2016 Lei da nacionalidade, and the 2017 Regulamento da Lei da Nacionalidade govern nationality in Angola. The 2010 Constitution explicitly permits dual citizenship and prohibits the deprivation of nationality from a person holding the nationality of origin.

The 2016 Lei da Nacionalidade made it significantly more difficult to acquire Angolan nationality by marriage and naturalisation. It also expressly excluded foreigners born in Angola before independence and their descendants from acquiring Angolan nationality. This measure was adopted in response to the surge in the number of Portuguese citizens who were circumventing immigration controls by reacquiring Angolan nationality based on their birth in Angola during colonial times.

The main challenge in implementing Angola's statutory provisions on access to citizenship is ensuring universal birth registration and adult civil registration.

Angolan law establishes that citizenship of another country has no legal effect while in Angola

The current stance on dual citizenship in Angola was established in 1991, when the Nationality Law was amended to recognise dual citizenship. This change in legislation marked a shift from the previous version of the law, which discouraged dual nationality. While dual citizenship is now permitted, the law states that the citizenship of another country has no legal applicability within Angola.

The recognition of dual citizenship in Angola is relatively recent. The Nationality Law of 1984 actively discouraged dual nationality, although it acknowledged that Angolans may hold dual citizenship either voluntarily or involuntarily due to international agreements. Before this, under Portuguese rule, Angolan citizens were considered Portuguese nationals. After Angola gained independence in 1975, the first Angolan nationality law attributed citizenship to all individuals born in the country. Amendments to this law in 1984 and 1991 shifted the basis of citizenship from birth ('ius soli') to descent ('ius sanguinis'), widening the risk of statelessness.

While dual citizenship is now permitted in Angola, the law stipulates that individuals with dual citizenship are subject to Angolan laws and the rights associated with their foreign citizenship are not legally applicable while in Angola.

Angolan nationality is typically obtained under the principle of jus sanguinis

Jus sanguinis is derived from Roman law and has influenced the civil-law systems of mainland Europe. In contrast, jus soli, or 'right of soil', is the right of anyone born in the territory of a state to nationality or citizenship. Jus soli was part of English common law. In the 21st century, almost all states apply some combination of jus soli and jus sanguinis in their nationality laws, in contrast to the largely pure forms of either principle used in the 19th and 20th centuries.

In the case of Angola, jus sanguinis is the typical means of obtaining nationality, with jus soli being a more rare occurrence. This is because, while births in Angola must be registered in the Civil Registry Office, and proof of the parents' nationality must be provided, Angolan nationality can also be obtained by those born abroad to Angolan parents. This is a common feature of jus sanguinis, with many countries applying the principle in this way. For example, under Canadian nationality law, any person born to a Canadian-citizen parent is automatically a Canadian citizen.

Jus sanguinis can also apply to national identities of ethnic, cultural, or other origins. Citizenship can also be applied to children whose parents belong to a diaspora and were not themselves citizens of the state conferring citizenship. For example, Israeli nationality law confers citizenship upon all children of Israeli citizens born in Israel, as well as the first generation of descendants of Israeli expatriates living abroad.

In addition, jus sanguinis can help prevent statelessness. Countries that have acceded to the 1961 Convention on the Reduction of Statelessness are obligated to grant nationality to people born in their territory who would otherwise become stateless persons.

Angolan citizenship can be acquired through birth or naturalisation

Birth

According to the jus sanguinis principle, birth in Angola or birth abroad to parents with Angolan nationality grants Angolan citizenship. This is known as the attribution of nationality, which is automatic and from birth. In the case of births in Angola, the birth must be registered at the Civil Registry Office, and proof of the parents' nationality must be provided. For births abroad, a declaration may need to be made to consular officials.

Naturalisation

Naturalisation is the acquisition of nationality, obtained later and effective into the future. Foreign citizens can apply for Angolan citizenship by naturalisation if they meet the following criteria:

• Be 18 years or older
• Have resided in Angola for at least 10 years
• Have a permanent residence permit
• Have a means of self-support or livelihood
• Be able to integrate into Angolan society
• Have no serious criminal record
• Have an understanding of Angolan civics, Portuguese language, and cultural and societal norms

Upon approval, applicants must take an Oath of Allegiance.

In addition to the criteria above, applicants must provide documentation to confirm their identity, economic status, and character. They must also undergo examinations by the Citizenship Commission.

Exceptions

There are some exceptions to the criteria for naturalisation. Spouses of Angolan citizens, minor adoptees, children under 14 who have been orphaned or abandoned, and minor children or incapacitated persons of naturalised Angolans may be eligible for citizenship without meeting the general criteria. Stateless persons and those who have rendered exceptional service to the nation may also be exempt from the standard requirements.

Children born in Angola to unknown or stateless parents are automatically Angolan citizens

Angola has allowed dual citizenship since 1991. The country's nationality laws are governed by the 2010 Constitution, the 2016 Lei da Nacionalidade, and the 2017 Regulamento da Lei da Nacionalidade. These laws determine who is a national of Angola and who is eligible to become one.

The 2010 Constitution provides explicit permission to hold dual nationality and prohibits depriving a person of their nationality of origin. However, the interplay between the provisions in the Constitution and the Lei da Nacionalidade is not always clear, which may lead to confusion and gaps in the implementation of the law.

It is important to note that while children born in Angola to unknown or stateless parents automatically acquire Angolan citizenship, there are still requirements for birth registration. Births must be registered in the Civil Registry Office, and proof of parental nationality must be provided. This can be done by presenting the parents' birth registration or identity card. In cases of children born abroad to Angolan citizens, a declaration made before consular officials may also be required.

Ensuring universal birth registration is critical for preventing statelessness. It provides crucial proof to confirm or acquire citizenship under a state's domestic legislation. However, as reported to the United Nations Human Rights Committee in 2017, during the 2014 General Census, it was found that only 53% of the resident population in Angola was registered, and for children aged 4 years or under, the figure stood at 25%. Over three million children were still unregistered by June 2018, according to Angola's Minister of Justice and Human Rights.

Therefore, while Angola provides automatic citizenship to children born in the country to unknown or stateless parents, the challenge lies in ensuring that these children are properly registered and their rights as Angolan citizens are recognized and protected.

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