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 162 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) REPORT 2024 163

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents