Comparative Regional Report on Citizenship Law: Oceania
Beginning with Fiji in 1997, legal reforms across Oceanic states have been largely
successful in removing these forms gender discrimination from citizenship laws.154 Kiribati
remains the only state that has not revised its citizenship laws to remove discrimination.
5. Conclusions
Scholar James Clifford has described states in Oceania as “exemplary contexts for thinking
about the fractured, sutured, overlaid, incredibly diverse and yet hooked-up complexes of local,
regional, national, and transnational forms”. 155 The citizenship laws of Oceania provide a
window into the ways in which small island states unite diverse polities under a single new
nation-state, in the context of decolonisation and globalisation.
The trends and features of citizenship traced in this report reflect this context. The states
of Oceania emphasise the acquisition of citizenship by descent and many have come to embrace
dual citizenship, defining the people of the nation in terms of shared culture, language,
traditions and history. Citizenship laws, while based on western models, have been adapted
over time to the changing circumstances of the various Oceanic states, accommodating
Indigenous connections between land and people and diversity, and removing discriminatory
gendered provisions that were inherited with colonial laws. Issues of decolonisation continue
to be worked through, especially where the citizenship arrangements of states and territories
are affected by the policies of former colonial powers.
The exigencies of smallness and islandness mean that the states of Oceania are mainly
emigration states. The trend to dual citizenship seeks to bind diasporas to their home state and
recognise their economic and social contributions. Limited economic opportunities have also
led some states to pursue creative citizenship for sale schemes, using citizenship to raise
revenue.
The island states of Oceania stand on the frontline of climate change. The effects of
climate change are likely to drive future changes to citizenship arrangements in the region, as
people and communities relocate, sometimes across national borders. Past experiences, such
as those of the people of Banaba, provide examples of how citizenship laws can be adapted to
accommodate cross border relocation.156 In this, a study of the citizenship laws of Oceania can
be instructive not only within the region, but to states beyond it.
154
Constitutional Amendment Act 1997 (Fiji); Citizenship Act 2004 (Samoa); Citizenship Act 2005 (Nauru);
Nationality (Amendment) Act 2007 (Tonga); Citizenship (Amendment) Act 2013 (Vanuatu); Citizenship Act
2018 (Solomon Is).
155
Robert Borofsky (ed), Remembrance of Pacific Pasts: An Invitation to Remake History (University of
Hawai`i Press 2000) 94.
156
McAdam (n 116) 333.
RSCAS/GLOBALCIT-Comp 2020/1 - © 2020 Author
29