Law reform automatically granting Sri Lankan nationality to Hill Tamils STEPS IN THE 1980s: As many of the Hill Tamils remained stateless and had few options but to continue working on tea plantations, the Ceylon Worker’s Congress (CWC), an organization that is both a trade union and a political party, took up their cause. The CWC began advocating for legal reforms to resolve the Tamils’ statelessness, leading in the 1980s to the adoption of a series of laws to address the problem. A first step was achieved with the Grant of Citizenship to Stateless Persons Act, No. 5 of 1986 (1986 Act).2 The Act granted the right to acquire Sri Lankan citizenship through registration to two groups: those who should have acquired Sri Lankan citizenship pursuant to the bilateral agreements, but had not done so; and 94,000 persons who were originally to apply for Indian citizenship under the bilateral agreements, but had also not done so. Citizenship by registration could only be granted by the Minister to applicants who took an oath, which had to be registered, and to whom a certificate of registration confirming compliance with the procedure was given. The complexity of this process prevented many who were qualified to acquire citizenship from doing so. The 1986 Act was followed by the Grant of Citizenship to Certain Stateless Persons (Special Provisions) Act, No. 39 of 1988 (1988 Act).3 The 1988 Act granted automatic Sri Lankan citizenship (as opposed to citizenship by registration) to all stateless persons of Indian origin lawfully residing in Sri Lanka who were not covered by the 1986 Act. Pursuant to the 1988 Act, those qualifying for automatic Sri Lankan citizenship were to apply for and obtain a citizenship certificate from the Commissioner for the Registration of Persons of Indian Origin. Despite the positive steps taken to resolve statelessness through the 1986 and 1988 acts, implementation of these laws remained problematic, particularly in light of the complicated registration process set out in the 1986 Act and the cumbersome process of obtaining citizenship certificates set forth in the 1998 Act. The CWC and some community groups continued to advocate for an end to the plight of the stateless Hill Tamils in Sri Lanka, who in 2003 were estimated to number some 300,000. STEPS IN 2003: A new law to resolve statelessness among the Hill Tamils was passed in 2003. According to the Grant of Citizenship to Persons of Indian Origin Act, No. 153 of 2003 (2003 Act),4 all persons of Indian origin who had been residing in Sri Lanka since October 1964 and their descendants were recognized as Sri Lankan nationals. Learning from the difficulties experienced in the implementation of the 1986 and 1998 Acts, the 2003 Act granted nationality on an automatic basis and introduced streamlined procedures for Hill Tamils to acquire proof of nationality. Furthermore, under the 2003 Act, Sri Lankan citizenship could be acquired by declaration by Hill Tamils who had received Indian passports but had continued to live in Sri Lanka and were no longer considered nationals of India. As such, the 2003 Act established two simplified procedures for those who qualified as Sri Lankan citizens to obtain proof of this fact. Hill Tamils who never possessed any citizenship documents could make a “general declaration,” countersigned by a justice of the peace, as proof of their citizenship, rather than go through the lengthy process of obtaining citizenship certificates as prescribed by the 1988 Act. Hill Tamils who held Indian passports were required to sign a “special declaration” affirming their will to voluntarily acquire Sri 2 Grant of Citizenship to Stateless Persons Act, No. 5 of 1986 [Sri Lanka], 21 February 1987, available at: http://www.unhcr.org/refworld/docid/3ae6b5081c.html. 3 Grant of Citizenship to Stateless Persons (Special Provisions) Act, No. 39 of 1988 [Sri Lanka], 11 November 1988, available at: http://www.unhcr.org/refworld/docid/3ae6b5084.html. 4 Grant of Citizenship to Persons of Indian Origin Act. No. 153, [Sri Lanka], 153, 23 September 2003, available at: http://www.unhcr.org/refworld/docid/45af77952.html. This Act was accompanied by a separate legislative measure applying the provisions of this law as amendments to the 1948 Citizenship Act, Citizenship (Amendment) Act, No. 16 of 2003 [Sri Lanka], No. 16 of 2003, 1 April 2003, available at: http://www.unhcr.org/refworld/docid/4e6625b92.html. 6 CAMPAIGN TO END STATELESSNESS WITHIN 10 YE ARS