SUB-REGIONAL OVERVIEW: THE PACIFIC
SUB-REGIONAL OVERVIEW: THE PACIFIC
Citizenship stripping
Administrative barriers
Naturalised citizens of Tonga may be deprived
of citizenship on very broad grounds (including
defamation of the Royal family or any offence
which involves dishonesty or fraud) without
protection from statelessness.1799 The King may
also revoke certificates of naturalization if the
person is convicted of terrorism, treason, sedition,
or any sentence of 2 years or more of imprisonment
as mentioned in Article 12(2) of the Act.1800
While Tonga has notably high rates of birth
registration at 98% in 20191801, the Committee
on the Rights of the Child has noted with concern
the risk of children who are subject to customary
adoptions and born to unmarried parents not
gaining birth registration.1802 Birth certificates are
required for applying for naturalization.1803
While Tonga has notably high rates of birth
registration at 98% in 2019,
The King may also revoke certificates of naturalization
if the person is convicted of terrorism, treason, sedition,
or any sentence of 2 years or more of imprisonment as
mentioned in Article 12(2) of the Act.
Tuvalu
Laws
Citizenship Law
Jus sanguinis and jus soli provisions
As stipulated in The Constitution of Tuvalu Bill (2022) enacted in
September 2023, Tuvalu citizenship laws operate through both
jus sanguinis and jus soli provisions.1804 Regardless of birthplace, a
child born to at least one parent who is a citizen of Tuvalu will be
a citizen.1805 Children born outside of Tuvalu to a Tuvalu citizen
parent automatically acquire Tuvalu citizenship through jus
sanguinis provisions.1806 A child cannot gain citizenship by birth
in the territory if neither parent is a citizen of Tuvalu.1807 If the
child’s father (not mother) is a foreign diplomat or a citizen of a
country with which Tuvalu is at war, that child will not gain jus soli
citizenship.1808 Foundling children are in theory protected under
Article 44(2), which states that foundlings discovered in Tuvalu
will “be considered to have been born in Tuvalu”.1809 However,
there is no provision protecting such foundling children from
becoming stateless as the child must have one citizen parent to
gain citizenship by birth.1810
Tuvalu citizenship laws operate through both jus sanguinis and jus
soli provisions.
Neither the 2023 Constitution or the Citizenship Act specifically
mention or give a definition for stateless persons or
statelessness.
Naturalized citizenship
The Citizenship Act provides that anyone who is “of full age and
capacity” is eligible for citizenship through naturalization.1811
The conditions for being granted a positive decision through
this process are that the person has been “ordinarily resident” in
Tuvalu for the past 7 years, intends to stay in Tuvalu permanently,
can support themself financially, understands Tuvalu laws and
customs, is not suffering from a permanent communicable
disease, or any other conditions identified by the Citizenship
Committee.1812 The Act also states that foreign citizens applying
for naturalization must renounce their prior citizenship
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STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
REPORT 2024
163
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