aged 7–17), or a national citizenship card (after the age of 18), can prove nationality295
by providing proof of domicile.296
The requirements to access nationality by naturalization (nacionalidad por adopción) are established by Law 43 of 1993 and its relevant decrees and administrative
regulations.297 A characteristic of this type of nationality, in contrast to nationality by
birth, is that by law this is a sovereign and discretionary act of the national government,
specifically the president of the republic, delegated to the Ministry of Foreign Affairs.
No other local or departmental authority is competent to grant or deny nationality.298
The petitioner must provide to the Nationality Unit of the Ministry of Foreign Affairs
all the necessary documents as required by law, through a virtual filing done online.
Documentation includes proof of continuous residency in the Colombian territory for
one year for citizens of Latin American and Caribbean countries, two years for citizens
of Spain, and five years for all others. 299 A person denied naturalization can petition
the Ministry of Foreign Affairs or appeal the denial before an administrative court.300
In accordance with Article 20 of the ACHR, Article 5(3) of Law 43 of 1993 establishes, within the legal provisions regarding Colombian nationality through naturalization, that
the children of foreigners born in the Colombian territory, which no other state
recognizes as citizens, can prove their citizenship with a birth certificate without
requiring proof of domicile. However, it is necessary that foreign parents prove
through certification of the diplomatic mission of their country of origin that
their country does not grant the nationality of the parents to the child.301
There is no certainty that naturalization processes related to otherwise stateless
children will be nondiscretionary; in fact, Colombian domestic law renders naturalization both discretionary and non-automatic. Thus this provision represents only an
additional ground to request Colombian nationality, rather than a legal protection for
children born in the territory. Further, children whose parents succeed in naturalizing
them through the onerous and expensive process are granted nacionalidad por adopción, which means they cannot hold certain public offices as they are not considered
Colombian nationals by birth, in spite of being born in the territory.302 This places children who are successfully naturalized through this method at a disadvantage compared
to those granted Colombian nationality by birth.
BORN IN THE AMERICAS
69
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