Act No. 2013-05 Of July 8, 2013

Original Language Title: Loi n° 2013-05 du 8 juillet 2013

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Act No. 2013-05 of July 8, 2013 Act No. 2013-05 of July 8, 2013, amending Act No. 61-10 of 7 March 1961 determining Senegalese nationality, as amended.

EXPLANATORY Act No. 61-10 of 7 March 1961, which determines the Senegalese nationality, took into account the need for the newly independent State, composed of a diverse population, to work to build a nation.

This explains that this text was submitted the attribution of nationality Senegalese to strict rules, which some, less discriminatory, can hardly be justified in the current context, by the Constitution including the preamble and articles 1 and 7 by the international Conventions ratified by Senegal including the Convention on the elimination of all forms of discrimination against women adopted on 18 December 1979 by the General Assembly of the United Nations and ratified February 5, 1985 by Senegal, the International Convention on the rights of the child, adopted on 20 November 1989 and ratified on 31 July 1990, and the Convention of August 30, 1961, on the reduction of statelessness ratified on 21 September 2005.

Thus, the differential treatment between men and women with respect to the transmission of Senegalese nationality by marriage, filiation and adoption, became difficult to accept international commitments of Senegal, resulting inter alia from the Convention on the elimination of all forms of discrimination against women.

The proposed amendments to articles 5, 7, 7A, 8, 9, 10 and 12 of Act No. 61-10 of 7 March 1961 Act determining the Senegalese nationality tend to correct this inequality by introducing gender neutrality.

Amendments to article 20 of Act No. 61-10 of 7 March 1961 clarify the conditions for exercise of the waiver to citizenship by the Senegalese woman who marries a foreigner.

The new wording of article 5 makes the paragraph 1 of article 8 concerning the option without object and causes in consequence its repeal. Paragraphs 2, 3 and 4 are transferred to the current article 20.

It is also proposed to reduce the minimum age to apply for naturalisation in 16 years, to take into account the lowering of the age of civil majority from 21 to 18 years.

A last paragraph is added to article 21, which provides that the revocation will be not pronounced if it should result in statelessness of the poverty-stricken in. This provision allows Senegal to comply with the Convention on the reduction of cases of statelessness of 1961.
Such is the economy of the present Bill.

The National Assembly adopted in its session of Friday, June 28, 2013, the President of the Republic enacts the law whose content follows: Article 1. -The provisions of articles 5, 7, 7 bis, 9, 10, 12, 15, 20 and 21 of Act No. 61-10 of 7 March 1961 determining nationality, as amended, are amended by the following provisions: "Article 5: is Senegalese any child born to an ascendant in the first degree that is Senegalese. ''
Article 7: the foreigner who married a Senegalese or the foreigner who married a Senegalese acquires, at his request, Senegalese nationality after five years of cohabitation as the celebration or recognition of marriage and subject to the non-dissolution of the marital relationship and non-loss of its joint Senegalese nationality.
The Government may oppose the acquisition of Senegalese nationality within a period of one year from the day where the person seeks the Justice Ministry document certifying that he has not exercised the option to decline the Senegalese nationality.
In the event of opposition by the Government, the person concerned shall be deemed to have never acquired the Senegalese nationality.

Article 7 bis: marriage can produce this effect only if in has been laid on the registry of marriages by the officer of civil status the celebrated or found. If the marriage was solemnized abroad in the local form, it produces this effect only if the document noting it was transcribed in the registers of civil status by the diplomatic or consular officer in the jurisdiction in which the marriage took place.
However, if his personal law allows him to retain his nationality, the foreign spouse has the faculty, previously the celebration or the recognition of marriage, decline the Senegalese nationality.

If the marriage is celebrated or found in Senegal, this option must be exercised before the President of the District Court in whose jurisdiction should be celebrated or found marriage.

This Faculty shall, if the marriage is celebrated or found abroad, be exercised before the diplomatic or consular agents Senegalese in this country.
The authorities above immediately must notify the Minister of Justice.

Article 9: the child who is the subject of a plenary adoption acquires Senegalese nationality if the adoptive parent, or, in the case of joint adoption, one of the adoptive parents is Senegalese.

Article 10: becomes of Senegalese right, provided that filiation is established in accordance with Chapter 1 of Book III of the Family Code, any child minor one of the parents acquires Senegalese nationality.

Article 12: no one shall be naturalized if he is ordinarily resident in Senegal at the time of his application and he only stayed there previously for at least ten years.
This period shall be reduced by five years for those who have served five years in an administration and an institution public or other Senegalese organization, who have rendered important services, or whose naturalization Senegal in an exceptional interest for Senegal.

By habitual residence, should be understood stay permanently on the territory of the Republic without spirit of subsequent mounting in another State.
Shall be assimilated to the residence in Senegal, for the purposes of the preceding paragraph, the stay out of Senegal of an alien who operates a professional public or private on behalf of the Senegalese State or an organization whose activity is of interest for the economy or the culture Senegalese.

The evidence of important services rendered or exceptional interest referred to in the paragraph above are including the contribution of artistic, scientific, literary or talent distinguished sportsmen, the introduction of industries or useful inventions, the establishment of industrial, commercial or agricultural holdings and generally organizing any activity likely to contribute to the economic and social development of the country and generate jobs.

Section 15. -The minor may request naturalization only from the age of 16. It can do so without authorization.

Section 20. -The Senegalese who marries a foreigner loses Senegalese nationality only if it's actually the express statement before the celebration or recognition of marriage.

This declaration is valid only if it can acquire the nationality of her spouse.
The statement was made before the president of the District Court in whose jurisdiction the declarant has his residence.
When the declarant is located abroad, the declaration is underwritten by the Senegalese consular officers.
A due diligence of the president of the District Court or the consular officers, this statement is registered at the Ministry of Justice.

Section 21. (-For a period of fifteen years from the acquisition of Senegalese nationality, may be stripped in any individual: 1) sentenced to Senegal for Act called the crime or offence against the security of the State;
(2) sentenced in Senegal or abroad for an act described by Senegalese law crime or crime of common law, a penalty of more than three years ' imprisonment, when the conviction is not stricken by rehabilitation.
(3) who engaged in acts or who has conduct inconsistent with the quality of Senegalese or prejudicial to the interests of Senegal.

The revocation is pronounced by Decree.
(Dans le cas prévu àle 2), forfeiture is not pronounced when it causes the person fallen statelessness.

S. 2 - article 8 of Act No. 61-10 determining Senegalese nationality is hereby repealed.

S. 3 - are repealed all the provisions on transitional measures.
This Act will be enforced as law of the State.

Made in Dakar, July 8, 2013, by the President of the Republic: Macky SALL Prime Minister Abdoul MBAYE.