Anna Dziedzic Disloyalty and serious crimes Several states in Oceania provide for involuntary loss of citizenship for actions that demonstrate a lack of allegiance to the state or cause harm to the state. In five states, a person’s citizenship can be revoked upon conviction of specified offences. In the Marshall Islands, these offences include advocating the overthrow or alteration of the government by unlawful means, espionage, sabotage and sedition; while in Tonga, the King may revoke the citizenship of a person convicted of terrorism, treason, sedition, an offence of dishonesty, defamation of the monarch or any other offence that carries a sentence of two or more years imprisonment. In Nauru, a person convicted of terrorism, financing of terrorist activities, or sexual offences involving a child can be deprived of citizenship. In Solomon Islands, a person convicted of specified crimes against the state, such as treason, mutiny, and terrorism, can be stripped of citizenship. In Vanuatu, the Prime Minister has the power to withdraw citizenship from a person sentenced to a term of imprisonment of ten years or more.102 Citizenship laws in four states permit revocation of citizenship on broader, more discretionary grounds. In Fiji, a person’s citizenship may be revoked if he or she does anything or is involved in an activity incompatible with the oath of allegiance. The King of Tonga, with the consent of the Privy Council, may revoke a person’s certificate of naturalisation, if there are reasonable grounds to believe the person constitutes a threat to the security of Tonga. In Samoa, a Minister can cancel a person’s citizenship if the person has been “disloyal or disaffected towards Samoa”, and can cancel an investor’s citizenship if he or she is involved in an activity that causes or is likely to cause disrepute to Samoa. In Kiribati, the Minister, with the advice of the Cabinet, can order that a person be deprived of citizenship on the ground that “it is not conducive to the public good that such person should continue to be a citizen”.103 In all but one state, powers to revoke citizenship on these grounds may only be exercised in relation to naturalised citizens. The exception is Solomon Islands, where provisions for the loss of citizenship expressly apply to all citizens, with the proviso that the exercise of the power to deprive a person’s citizenship cannot render the person stateless.104 Fraud in the acquisition of citizenship In all twelve states of Oceania, fraud or misrepresentation in the acquisition of citizenship is a ground for loss of citizenship. This ground of loss applies only to citizenship granted by naturalisation or registration. In the Federated States of Micronesia, Kiribati, the Marshall Islands, Palau, Papua New Guinea, Tuvalu and Vanuatu, loss of citizenship requires a court to find that the person obtained citizenship through fraud, concealment or a material fact or false representation.105 In other states, the findings and the decision are administrative decisions, taken by the King (in Tonga); 102 Naoero Citizenship Act 2017 (Nauru) s 23(1); Citizenship Act 1984 (Marshall Is) s 407(b), (c); Citizenship Act 2018 (Solomon Islands) s 25(4); Nationality Act c 59 (Tonga) s 12(1); Citizenship Act c 112 (Vanuatu) s 16. 103 Citizenship of Fiji Act 2009 (Fiji) s 17(2)(b); Nationality Act c 59 (Tonga) s 12(1); Citizenship Act 2004 (Samoa) s 15 and Citizenship Investment Act 2015 (Samoa) s19(e); Citizenship Act 1979 (Kiribati) s8A. 104 Citizenship Act 2018 (Solomon Is) s 25(5). 105 Citizenship and Naturalisation Act c 7.2 (FSM) s 205(2); Citizenship Act 1979 (Kiribati) s 8(2); Citizenship Act 1984 (Marshall Is) s 407(a); Citizenship Act c 13.1 (Palau) s 143; Constitution of Papua New Guinea 1975 s 70(2); Citizenship Act c 24.05 (Tuvalu) s 7(5); Citizenship Act c 112 (Vanuatu) s 14(2). 20 RSCAS/GLOBALCIT-Comp 2020/1- © 2020 Author