This analysis of the Citizenship Decree, announced yesterday, was sent to Coupfourpointfive.
Our writer says while the 1997 Constitution discouraged dual or multiple citizenship, the new Decree allows both, but it's not clear what the reasoning is for this - and the other changes.
He says it could be aimed at allowing citizens, from say, New Zealand, to return to Fiji and to hold key positions in the military regime in perpetuity, but this has already happened to some extent:
The Citizenship Decree replaces Chapter 3 of the 1997 Constitution(Section 8-20) that defines citizenship.
Marked differences between the Constitution and the new Decree are as follows:
The Constitution disallows dual or multiple citizenship. Number 6 of the Decree states, “An application for citizenship by registration made by an adult who is a citizen of another country must be granted if the person was formerly a citizen of the State”.
Section 12(6) of the Constitution states, “An application for citizenship by registration made by an adult who is a citizen of another country must be granted if: -
(a) the person was formerly a citizen of the State; and
(b) he or she renounces the other citizenship
Number 8 of the Decree on Renunciation of Citizenship states:
“A person may renounce his or her citizenship only if he or she:
(a) has reached the age of 18; and
(b) has been since birth a citizen of another country or has acquired the citizenship of another country by registration or naturalization
The Constitution (Section 15) says any Fiji person may renounce his or her citizenship if he or she has reached the age of 21. Therefore, the Decree has reduced the age from 21 to 18, just like the Peoples Charter proposes to reduce voting age from 21 to 18.
To state in the Decree that a person may renounce his or her citizens, if he or she has acquired citizenship of another country by naturalization or been a citizen of another country since birth, is meaningless on the face of offering dual citizenship.
The Decree has removed Section 14 (1) of the Constitution Loss of Citizenship. The Constitution states that a Fiji citizen renounces his or her citizenship if he or she voluntarily acquires citizenship or nationality of another country.
Section 14 (2) of the Constitution states that a citizen of the State who, while a minor, acquires the citizenship of another country forfeits his or her citizenship of the State at the age of 22 unless, after reaching the age of 21 and before reaching the age of 22, he or she renounces the other citizenship.
Section 14(3) of the Constitution states that an adult, who involuntarily acquires the citizenship of another country, does not forfeit his or her citizenship of the State unless he or she fails to renounce the other citizenship within 12 months of
(a) becoming aware of it; and
(b) being required by the Minister to renounce it
Section 10 of the Decree is titled Prevention of Statelessness and Multiple Citizenship. The Constitution’s Section 20 is titled Prevention of Statelessness only. This Section’s (a), (b) and (c) is exactly the same as that in the Decree. But the Decree has added part (d), “a person who has acquired the citizenship of one or more other countries is not restricted in applying for and being granted citizenship solely by virtue of having acquired the citizenship of one or more other countries”.
This nullifies Number 7 of the Decree Citizenship by naturalisation. Even this has been amended, when compared to the Constitution. It requires a person to be lawfully present in Fiji for a total of 3 of the 5 years immediately before application for naturalization is made.
Section 13(2) of the Constitution requires a person to be residing in Fiji lawfully for 5 of the 10 years immediately before the application for naturalization is made.
Section 19 of the Constitution Deprivation of Citizenship is not in the Decree. Under the Constitution, Parliament may make laws depriving a person citizenship only if:
(a) if citizenship was obtained by fraud, misrepresentation or the concealment of a material fact and
(b) if a person declares not to exercise the entitlement of citizenship of another country but has since making that declaration exercised such an entitlement
The regime’s intention of allowing dual - and even multiple citizenship - makes no sense as far as attracting former residents or investors go.
Number 9 of the Decree and Section 16 of the Constitution both state that former citizens, foreign wife or widow or foreign husband or widower of a citizen and a child of a citizen, may enter and reside in Fiji in accordance with compliance of the laws governing entry and residence.
Under this, former citizens enjoy access into Fiji. So, the offer of multiple and dual citizenship does not make sense for a small nation like Fiji.
This blog is a result of the heavy censoring of the media by Fiji's dictatorship regime.
NEWS WORTHY COMMENTS BY YOU!
Few weeks ago Coup 4.5 reported the saga between Fiji One's Satish Narayan and Bainimarama's daughter. Yesterday June 17, 2013 Satish Narayan received his walking papers from Fiji One.
It is understood that Bainimarama called a board member of Fiji One, Padam Lala and told him if Fiji One wants their License in tact, they will have to sack Satish Narayan.
Padam Lala instructed Tarun Patel to sack Satish Narayan immediately, If Patel wanted to keep his job.
The employees of FBC were told of the firing of Narayan way before the employees of Fiji One were made aware of.
Lets hope that Fiji One will not find themselves as part of the FBC in near future. on Burrow: ITUC will push for Commission of Inquiry on Fiji
@2:36 what illegal AG go underground sorry!!! too late.Mr Illegal AG your file is within the military Intel not with Rokoura(PM's office) whom you paid to hide and destroyed files against you that went straight to PM.
Anything against you that son of Neel sharma in HR RFMF rings the bell to Aziz, then you meant to let the complaint follow the channel where you intercept all files against you at PM's office thru Rokoura who hide and destroyed them and you know what he forges PM's singnature on some files and put a [FA]File Away notice on it.
These meant all complaints against you gather dust at Rokoura's residence or he destroyed it completely.
Your private deals with Ports,AFL,TFL,IF etc all filed and kept not there in Fiji its overseas mate !!!
Khaiyum you are comfortable becoz all complaints against you had been filed away by this man Rokoura,not now Mr illegal want to be smart you are exposed to the root!!!
he too one of those used taukei(bought)by you so you can loot as much as you on Burrow: ITUC will push for Commission of Inquiry on Fiji
Editor, we learn from a Fiji Times report that Minister for Housing, Environment, Local Government and Urban Development Colonel Samuela Saumatua has resigned "for personal reasons" according to a statement issued by the Ministry of Information yesterday (FT 18/6).
Be that as it may, my question is why should the Attorney-general Aiyaz Saiyad-Khaiyum "assume the position om an acting basis until a successor was appointed"?
Is Mr Khaiyum the only capable man in the illegal military regime in Fiji? Doesn't he have enough portfolios already?
What would this new addition take the total number of portfolio being handled by this Fiji superman? sincerely, rajend naidu sydney on Burrow: ITUC will push for Commission of Inquiry on Fiji
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Another revealing revealation by the real people who are corruptly putting money in Voreqe's pocket. This will allow former citizens to vote and the majority Indian population will rule. But mark my words, these are exactly the motivation Fijians need to put an end to their laid back attitude, rise up and bring this regime down.
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