Anna Dziedzic
understanding of a nation defined by shared culture, language, traditions and history consistent
with a nation composed predominantly of Indigenous peoples rather than settlers.23
The western concept of citizenship, which is strongly tied to the idea of the nation-state,
struggles to capture Indigenous understandings of identity, belonging and migration. Oceanic
states have however adapted their citizenship laws to at least accommodate Indigenous values
and understandings. For example, citizenship has been closely tied to ownership of land: the
earliest citizenship laws in the region, made in Tonga in 1915, were originally conceived to
control ownership and access to land,24 while the Marshall Islands provides a special pathway
to citizenship for persons who have land rights under customary law or traditional practice.25
The importance of connections between people and community can also be seen in changing
attitudes to dual citizenship as Oceanic states seek to officially reintegrate diaspora living
overseas (discussed in Part 4.1).
Finally, the imperatives of globalisation and decolonisation have also affected the
citizenship laws of the region. Many Oceanic states have sought to generate revenue from
selling citizenship, competing in a global marketplace to do so. Migration from Oceanic states
to larger states in the region (principally Australia, New Zealand and the United States) mean
that many citizens of Oceanic states are affected by the citizenship laws and policies of these
immigration states. In this, Oceanic states are vulnerable to pressure from larger sates, through
direct influence leveraged by dependence on foreign aid and support as well as spill-over
effects from changes in the citizenship laws of other states.
3. Comparative analysis of citizenship laws
3.1 Acquisition of citizenship at birth
In Oceania, citizenship at birth is most often acquired on the basis of descent from a citizen or
Indigenous ancestor (ius sanguinis). The acquisition of citizenship by birth in the territory of
the country (ius soli) is less common.
3.1.1 Ius sanguinis
In most states of Oceania, a person will automatically become a citizen at birth if either or both
parents is a citizen. Legal provisions sometimes differ depending on whether the person was
born to a citizen in the country or outside it.
23
Stephen Castles, ‘Migrant Settlement, Transnational Communities and State Strategies in the Asia Pacific
Region’ in Robyn R Iredale, Charles Hawksley and Stephen Castles (eds), Migration in the Asia Pacific:
Population, Settlement and Citizenship Issues (Edward Elgar 2003) 8; see also Firth (n 8) 322.
24
Graham Hassall, ‘Citizenship in the Asia-Pacific: A Survey of Contemporary Issues’ in Alastair Davidson and
Kathleen Weekley (eds), Globalization and Citizenship in the Asia-Pacific (Macmillan Press 1999) 53.
25
Constitution of the Marshall Islands 1979 Art XI, s 2(1)(a); Citizenship Act 1984 (Marshall Is) ss 410, 411.
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