Law or policy reform enabling automatic acquisition of nationality
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),6 all persons of Indian origin who had been residing in Sri Lanka since
October 1964 and their descendants were recognized as Sri Lankan nationals. Following
lessons learned from 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, the 2003 Act provided for nationality
acquisition by declaration for 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 Lankan citizenship, thereby renouncing any possible outstanding
right to Indian citizenship. This was required because dual nationality is not permitted by
India. These special declarations were to be countersigned by the Commissioner for the
Registration of Persons of Indian Origin in Colombo and an acknowledgement of this
approval returned to the individual concerned.
6
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
U N H C R > G P P A C T I O N 1 : R E S O LV I N G E X I S T I N G M A J O R S I T U AT I O N S O F S TAT E L E S S N E S S
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