SUB-REGIONAL OVERVIEW: THE PACIFIC
SUB-REGIONAL OVERVIEW: THE PACIFIC
Sub-Regional Overview:
The Pacific
Countries Covered: Australia, the Federated States
of Micronesia (Micronesia), Fiji, Kiribati, the Marshall
Islands, Nauru, New Zealand, Palau, Papua New Guinea,
Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu.
Laws
Citizenship Law
Jus sanguinis and/or jus soli provisions
It is important to note from the outset of this chapter that
for most of human history within the Pacific, conceptions of
borders, nationhood and States were much less defined and
travel between islands was commonplace and largely free. As
the Tongan scholar Epeli Hau’ofa wrote:
The world of our ancestors was a large sea full of places to explore,
to make their homes in, to breed generations of seafarers like
themselves. … Theirs was a large world in which peoples and cultures
moved and mingled unhindered by boundaries of the kind erected
much later by imperial powers. From one island to another they
sailed to trade and to marry, thereby expanding social networks for
greater flow of wealth.1265
The structure and operation of citizenship laws across the
Pacific today are varied and fundamentally shaped by colonial
legacies.1266 The citizenship laws of 10 States (the Federated
States of Micronesia, Fiji, the Marshall Islands, Nauru, Palau,
Papua New Guinea, Solomon Islands, Tonga, Tuvalu and Vanuatu)
all operate through jus sanguinis provisions with children born
either within or outside of the States automatically considered
citizens if one of their parents is a citizen of the relevant State.1267
There are similarities in the laws of Papua New Guinea, Solomon
Islands and Vanuatu who all gained independence from colonial
powers between 1975 and 1980 and drafted new constitutions
containing citizenship provisions. Vanuatu, Nauru, and Solomon
Islands amended their citizenship laws to remove gender
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STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
REPORT 2024
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