Introduction
This legal note analyzes the allocation of powers between the Federal Government of Somalia and the Federal Member States in matters of immigration and citizenship.
These domains are central to national sovereignty, state identity, and foreign relations.
Although federalism entails a division of responsibilities across different levels of government, powers that safeguard external relations and national unity are typically concentrated at the federal level.
Drawing on both the general principles of federalism and the Provisional Federal Constitution of Somalia (2012), this note clarifies the respective mandates of the Federal Government and the Member States.
1. Background and Principles of Federalism
The federal system is composed of two levels of government:A) The Federal Government, which holds the overall national powers;B) The Federal Member States, which hold local powers.
However, international principles of federalism indicate that powers relating to national sovereignty, border protection, and foreign relations are exclusively vested in the federal level.
2. Immigration and Citizenship
Citizenship
Citizenship is a legal right that connects the individual to the entire nation, not to a specific region or locality.
Only the Federal Government has the authority to legislate and regulate citizenship in order to prevent a situation where a person is considered a citizen of one state but not recognized as such in other states or internationally.
Immigration
Granting entry permits, residence, and deportation of foreigners concerns the protection of national borders and foreign relations. Therefore, this power belongs solely to the Federal Government.
Federal Member States may, however, contribute to implementation and management of local services (such as monitoring residency, social services, etc.).
3. Cooperative Role of Federal Member States
Although the legislative authority and overall policy on immigration and citizenship belong to the Federal Government, Federal Member States may participate in:
- Assisting in the collection of data on citizens and foreigners residing in their territories;
- Implementing federal policies related to residency and local services;
- Promoting social integration policies, such as education, healthcare, and social services for foreigners.
Relevant Constitutional and Legal Provisions on Immigration & Citizenship
Provisional Federal Constitution of Somalia (2012)
Article 8: The People and Citizenship
- The people of the Federal Republic of Somalia are one and indivisible, composed of all Somali citizens.
- Somali citizenship is singular.
- A special law issued by the House of the People of the Federal Parliament regulates how it is acquired, suspended, or lost.
- A Somali citizen cannot be deprived of Somali citizenship, even if they acquire the nationality of another country.
- Citizenship cannot be revoked, suspended, or withdrawn on political grounds.
Article 54: Allocation of PowersThe allocation of political and economic powers shall be negotiated between the Federal Government and the Federal Member States, except for the following matters which are the exclusive responsibility of the Federal Government:A) Foreign Affairs;B) National Defense;C) Citizenship and Immigration;D) Monetary Policy.
4. Comparative Perspective
International experiences in federal states clearly demonstrate that the powers of citizenship and immigration are concentrated at the federal level, while member states are limited to administrative and implementation roles.
- United States: The Constitution grants the federal government exclusive authority to establish rules on citizenship and immigration (U.S. Constitution, Art. I, §8, cl. 4), with states limited to enforcing and supporting federal laws.
- Germany: The Basic Law (Grundgesetz) stipulates that citizenship and immigration are exclusive federal powers (Art. 73), with Länder only participating in administration.
- Ethiopia: Despite having an ethnic-based federal system, its Constitution (Art. 51(7)) specifies that citizenship and immigration are exclusive federal powers, leaving no legislative role for regional states.
- India: Citizenship and immigration are listed under the Union List, meaning only the central government has legislative authority on these matters.
Thus, Somalia’s constitutional allocation of powers over citizenship and immigration is consistent with international federal practice, ensuring national unity and coherence of citizenship.
5. Conclusion
In line with international principles of federalism and the Provisional Federal Constitution of Somalia, it is clear that:
- Legislative authority and overall policy on immigration and citizenship rest solely with the Federal Government;
- Federal Member States hold only cooperative and implementation roles on local matters relating to citizens and foreigners.
This framework ensures national unity, border protection, and a unified Somali citizenship that cannot be fragmented by regional divisions.
Avv. Omar Abdulle “Dhagey” is a Somali legal and political analyst specializing in governance and institutional reform.
Email: omardhagey@gmail.com
The opinion expressed in this article are those of the author and do not necessarily reflect the views of Dawan Africa
