Public international law Nationality by Miss Mamoona Khalid

Meaning & Definition of Nationality is the legal status, which represents the country from which an individual belongs. The status is acquired by birth, inheritance or naturalization. On the basis of constitutional provisions, every state sets the criteria which determine who can be the nationals of the country.

Second-class citizen The person who are national but they are not granted full rights of the country are known as a second-class citizen.

Difference between Citizenship and Nationality Citizenship is a status acquired by becoming a registered member of the state by law. Any person can become a member of the state by satisfying the legal requirements of the respective country. In simple terms, the virtue of being the citizen of the country is called citizenship.

Difference between Citizenship and Nationality

Differences The nationality of a person, reveals his/her place of birth, i. e. from where he/she belongs. On the contrary, citizenship is granted to an individual by the government of the country, when he/she complies with the legal formalities. It is the status of being a citizen of a country.

Differences NATIONALITY CITIZENSHIP . The status arising out of the fact that a person is the origin of a particular nation is called Nationality. The nationality of a person indicates his/her place or country of birth The nationality of a person cannot be changed. A person cannot be a national of more than one country. Citizenship is the political status that can be obtained by meeting the legal requirements set by the government of the state. The citizenship of a person shows that the individual is registered as a citizen by the government of the respective country. Citizenship can be changed. A person can possess citizenship of more than one country at a time

Modes of Acquisition of Nationality General rule of law: 1. A person may acquire the nationality of a state in accordance with the rule of municipal law. 2. Everyone has right of nationality. No one can be deprived of his nationality or denied the right to change his nationality.

Effects of Nationality Unlimited freedom to enter and settled in any country 2. Right to participate in public or political rights 3. Other minor entitlements e. g. . Bilateral treaties, diplomatic privileges 4. Civil and family status 1.

Duties imposed on National 1. 2. 3. In Some countries militarily services Loyalty to country Any other minor or specific duty

Citizenship in Pakistan Rules which mainly govern the Policy and Procedures pertaining to Immigration are: Pakistan citizenship Act 1951. (PCA 1951) Naturalization Act 1926. (NA 1926) Pakistan citizenship Rules 1952. (PCR 1952)

Citizenship of Pakistan There are three categories of declared citizens of Pakistan under Pakistan citizenship Act, 1951 including; Citizens by Birth Citizens by Descent Citizen by Migration

Modes of Acquisition of Nationality 1. 2. 3. 4. 5. 6. 7. 8. By Birth By Descent By Naturalization By Resumption By Subjugation By Cession By Option By Registration

By Birth Nationality is conferred to a person by many states on the basis of birth. All those persons whose birth take place within the territorial limits of that state acquire the nationality of that state. The above principle is called “Jus Soil”.

By Descent Nationality of a state also be acquired by a person on the basis of the nationality of either of parents. A child may become national of the state In his/her parents have nationality

By Naturalization (or naturalisation) is the legal act or process by which a non-citizen in a country may acquire citizenship of that Country. A person may acquire citizenship through naturalization in many ways a. Marriage b. Legitimation c. Appointment of government official d. Adoption e. Acquisition of Domicile

By Resumption A person who lost his citizenship by naturalization may acquire the nationality of the same state again. The acquisition of this kind is called re-integration or by resumption. Conditions must be fulfilled.

By Subjugation A person may acquire the nationality through subjugation after conquest. When a pat of the territory of a state or state itself is subjugated by another state, all the inhabitants of the territory become the national of annexing state.

By Cession When the part of the territory of a state ceded with another state all the national of former state acquire nationality of latter state.

By Option When state is proportioned into two or more parts. The national of the former state have an option to become a national of successor state. Same principle apply in the exchange of territory.

By Registration The process of registration may be different from state to state depending upon the laws. It take place when a person become a subject of state to which he was before an alien.

Modes of lose of Nationality 1. 2. 3. 4. 5. RELEASE DEPRIVATION EXPITRATION/RESIDING ABROAD FOR LONG RENUNCIATION SUBSTITUTION

RELEASE Some States, such as Germany. , Law provides that the citizens may lose the nationality by release. In the loss of nationality by release it is necessary to submit an application for the same. If the Application is accepted, the person concerned is released from the nationality of the State concerned.

By Deprivation Certain States have framed some municipal laws the breach of which by its nationals results in the deprivation of their nationality. Under the American laws, service in the armed forces of a foreign State also results in deprivation of citizenship.

By Expiration In certain States, on account of legislation citizenship expires due to long stay abroad. A naturalist American citizen loses his nationality by having s continuance residence for three years in the territory of a foreign state of which he was formerly a national or in which the place of his birth is situated.

By Renunciation A person may also renounce his nationality. The need for renunciation arises when a person acquires the nationality of more than one State. In such a condition he has to make a choice as to of which country he will remain national. Finally, he has to renounce the nationality of one State. In the case of double nationality of children, the municipal laws of certain States like Great Britain give them a right on coming of age to declare whether they wish to cease to be citizens of one State. For Example Any citizen of Pakistan residing outside Pakistan, who is not a minor and is also a citizen or national of another country or has been given by the competent authority of another country any valid document assuring him/her citizenship or nationality of that other country, shall make a declaration of renunciation of citizenship on form “X” in triplicate to the Directorate General Immigration & Passports Islamabad through Pakistan Mission abroad. (PCA, 1951)

By Substituion Some States provide for the substitution of nationality. According to this principle, a person may get nationality of a state in place of the nationality of another State. This is called nationality by substitution whereby he loses nationality of state and acquires the nationality of another State. The British nationality Act 1948, does not automatically entail loss of British nationality on the naturalisation of a British subject in a Foreign State. The United States nationality Act of 1952, however, entails loss of American nationality on the voluntary naturalisation of an American National in a foreign country. In certain States, law provides that if the national of that State without seeking permission of the government obtains employment in another State, then he may be deprived of his nationality

Double Nationality and Nationality of Married Woman Because of the conflict of the laws of nationality of different countries , a situation often arises when a person possess nationality of more than one state. To give example of such a case is that of a woman, who after her marriage acquires the nationality of her husband also continues to possess her original nationality. The double nationality may also be acquired by birth if parents are at the time of birth in a state whose nationality they do not possess. Consequently, treaties may provide that the person may , by their will, select their nationality. 1. The Hague conference of 1930 made an attempt to remove the difficulty arising out of double nationality in consequence of war. Article 3 to 6 of the Hague convention contain the provisions in this connection. e. g. Article 5 provides that such a person shall be treated in their state as if he has only one nationality. the third state will either recognize the nationality which is more relevant in accordance with the facts and circumstances of each individual case. 2. Article 8 to 11 provide for the nationality of married women. In these provision, an endeavor has been made to remove the difficulties. According to the principal contained in these provisions if a woman marries, then she will automatically acquire the nationality of her husband. In the recent times the convention on nationality of married women is yet another significant attempt to remove the difficulties and problems arise out of the double nationality.

Stateless Person Article 1 (1) of the 1954 Convention relating to the Status of Stateless Persons defines a stateless person as ‘a person who is not considered as a national by any State under the operation of its law'. 1

Problems of stateless persons Lack of Effective Nationality Frequently, stateless persons cannot work, own property, access education or health care, public services, travel, register births, marriages or deaths, participate in the political process, seek national protection or have access to the judicial system. The major impact felt by stateless persons due to absence of the crucial link of nationality is that such a person cannot claim the benefits arising from international law for it implies lack of the possibility of diplomatic protection or of international claims being presented in respect of harm suffered by him at the hands of another State.

International Legal Regime Governing Statelessness 1. The 1954 Convention relating to the Status of Stateless Persons to regulate and improve the legal status of stateless persons. It contains provisions regarding stateless persons’ rights and obligations pertaining to their legal status in the country of residence. The primary aim is to set out the legal framework to ensure that a minimum standard of protection 2. The 1961 Convention on the Reduction of Statelessness. The essential purpose of this Convention is to avoid the creation of future cases of statelessness. As such, the Convention provides a framework for promoting national protection for stateless persons and a correlative decrease, if that protection is effective, in the need for international protection to fill the void.

Reasons of Stateless Persons Statelessness at birth Statelessness due to territorial changes Loss of Nationality due to deprivation on discriminatory grounds 4. Changes in personal status 5. Voluntary renunciation of nationality 1. 2. 3.

Internally Displaced Persons (‘IDPs’) IDPs are described by the United Nations Guiding Principles on Internal Displacement as persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border