Anna Dziedzic citizenship).29 In Kiribati and Tuvalu, ius soli citizenship is withheld from a person whose father (or mother if the parents were unmarried) is a foreign diplomat, or if the child is born in a part of the state under occupation to a parent who is a citizen of the occupying force.30 In Tuvalu, these exceptions do not apply if either parent is a citizen. However, the provisions in Kiribati discriminate on the basis of gender, in that they do not apply if the person’s father is a citizen, reflecting a presumption that citizenship follow the father; and only if the person’s parents are unmarried, the mother.31 Fiji has shifted between ius soli and ius sanguinis citizenship. Its independence Constitution of 1970 and Citizenship Decree 1987 provided for ius soli citizenship. Like Kiribati and Tuvalu, Fiji was a British colony, and British law at the time was based on ius soli. 32 Fiji, however, changed its laws in 1990 when the new Constitution of that year introduced a requirement that one or both parents must be a citizen.33 The Constitution of 1997 reverted back to ius soli citizenship for every person born in Fiji, unless at the date of birth one parent was a foreign diplomat and neither parent was a citizen.34 3.1.3 Special rules of acquisition of citizenship at birth Only some states in the region have made specific laws for vulnerable groups, such as foundlings (children found in a country of unknown parentage) and people who are stateless. Foundlings Only in Fiji, Papua New Guinea and Tuvalu does the law provide for citizenship for foundlings. In Papua New Guinea a foundling or child of unknown identity or citizenship status will be deemed to have at least one parent who is a citizen, and therefore be a citizen by birth.35 Laws in Fiji and Tuvalu provide that a foundling is considered to have been born in Fiji or Tuvalu respectively, absent proof to the contrary.36 Statelessness Only in Nauru and Samoa is there a general provision for persons born stateless in the country. In both countries a person who is stateless may be granted citizenship by the Cabinet or a Minister.37 Fijian law contains a more specific provision, targeting persons who were born in Fiji between 25 July 1990 (the date of the 1990 Constitution) and 10 April 2009 (the date on which that Constitution was abrogated and a new Citizenship Law made by decree).38 The reason for limiting the coverage of the legal protections against statelessness in this way is not clear, but 29 Constitution of Kiribati 1979 s 25(1). These exceptions derive from English common law: Calvin’s Case (1608) 7 Co Rep 1. 31 Constitution of Kiribati 1979 s 25(1); cf Constitution of Tuvalu 1986 s 45(2). 32 Note however that the other former British colony in the region – Solomon Islands – did not adopt ius soli. 33 Paul Reeves, Tomasi Rayalu Vakatora and Brij V Lal, ‘The Fiji Islands: Towards a United Future Report of the Fiji Constitution Review Commission 1996’ (Parliament of Fiji 1996) Parliamentary Paper No 34 of 1996 [6.28]-[6.34]. 34 Constitution of Fiji 1997 s 10, Citizenship of Fiji Act 2009 (Fiji) s 6. 35 Constitution of Papua New Guinea 1975 s 77. 36 Citizenship of Fiji Act 2009 (Fiji) s 6; Constitution of Tuvalu 1986 s 43(2). 37 Constitution of Nauru 1968 s 73; Naoero Citizenship Act 2017 (Nauru) s 4(d); Citizenship Act 2004 (Samoa) s 6(3). 38 Citizenship of Fiji Act 2009 (Fiji) s 19(c). 30 8 RSCAS/GLOBALCIT-Comp 2020/1- © 2020 Author