SUB-REGIONAL OVERVIEW: THE PACIFIC
discriminatory provisions in 2014, 2017, and
2018 respectively.1268 The citizenship laws of
four States (Australia, Kiribati, New Zealand and
Samoa) also operate broadly through jus sanguinis
structures with some variance between citizens
born in and outside of the territories.1269
Vanuatu, Nauru, and Solomon Islands amended their
citizenship laws to remove gender discriminatory
provisions in 2014, 2017, and 2018 respectively.
The citizenship laws of four States (Fiji, Kiribati,
the Marshall Islands and Tuvalu) operate through
a combined jus soli and jus sanguinis structure.1270
All children born in Fiji are considered citizens
at birth unless one parent is a foreign diplomat
and neither parent is a citizen of the relevant
State.1271 Children born in the Marshall Islands
are automatically considered citizens if they are
not entitled to any other citizenship.1272 Children
born to citizen parents within or outside of Fiji,
the Marshall Islands and Tuvalu can also access
citizenship through jus sanguinis provisions.1273
The nationality laws of six States (Micronesia,
Palau, Samoa, Solomon Islands, Tonga and Vanuatu)
have no explicit protection for foundlings born on
their territory. The citizenship laws of Australia,
Fiji, and New Zealand provide citizenship to
foundlings born on their territory.1274 Foundling
children in both Australia and New Zealand are
also automatically considered citizens.1275 Fiji also
follows the presumption that a foundling shall be
considered to have been born within the country
and in turn able to access citizenship through the
State’s jus soli provisions.1276 While Tuvalu includes
a similar provisions providing citizenship access
to foundlings through jus soli provisions1277, the
child must have a citizen parent in order to gain
citizenship by birth.1278
Three States (Kiribati, Marshall Islands and Papua
New Guinea) also provide limited protections for
foundlings. The limited jus soli provisions in the
114
SUB-REGIONAL OVERVIEW: THE PACIFIC
The nationality laws of six States (Micronesia, Palau,
Samoa, Solomon Islands, Tonga and Vanuatu) have
no explicit protection for foundlings born on their
territory.
laws of Kiribati and the Marshall Islands, do not
explicitly provide that abandoned children are
considered to be born in Kiribati or the Marshall
Islands, leaving it unclear whether foundling
children are able to access citizenship.1279 The
Constitution of Papua New Guinea provides
foundlings automatic access to citizenship by
descent by deeming them to be the child of a
Papua New Guinean citizen.1280
Five States (Australia, Kiribati, the Marshall
Islands, Nauru, and New Zealand) provide
citizenship to children born on their territories
who would otherwise be stateless.1281 There is
limited protection provided under the laws of
Samoa (at the minister’s discretion) and Papua
New Guinea to stateless persons born on the
territory.1282 There is no protection under the laws
of the remaining six States (Micronesia, Palau,
Solomon Islands, Tonga and Vanuatu).
Australia is the only country in the Pacific
subregion to include a definition of statelessness
in its citizenship legislation. However, Australia’s
definition does not align with the definition
included in the 1954 Stateless Convention as
children are required to prove that not only are
they not a national or citizens of any other country
but that they have never been and are not entitled
to nationality or citizenship of another country.1283
The 1954 Convention defines a stateless person
as someone “who is not considered as a national
by any State under operation of its law”, which
does not place the burden of proof on the stateless
person.1284
Naturalized citizenship
Australia is the only country in the Pacific with
a simplified process of naturalization available
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
to stateless persons born in the country.1285 The
simplified process includes less requirements,
making the process more accessible to stateless
persons. In order to be eligible for the simplified
process in Australia, the only requirement is that
the stateless person is not and has never been
entitled to citizenship of another country.1286 In
six States (Fiji, Kiribati, New Zealand, Solomon
Islands, Palau, and Tonga), stateless persons are
either unlikely to be eligible (in the case of New
Zealand and Kiribati) or are entirely ineligible
for the standard naturalization procedure.1287
The Solomons Islands’ citizenship application
requires a birth certificate, passport, or driver’s
license and proof of sustainable income, property,
investments or economic benefit to Solomon
Islands, which may bar stateless persons from
being able to apply.1288 In Palau, only persons of
Palauan ancestry are eligible for naturalization.1289
Further, stateless persons are not included on the
list of eligible persons in Fiji.1290 In New Zealand,
the requirement of being able to indefinitely reside
in the country in order to apply for naturalization
likely barres stateless persons from accessing
naturalization.1291 Due to the requirement of
the applicant to submit their passport in the
application process, stateless persons are also
ineligible for naturalization in Tonga.1292 In order
to get a permanent residence visa in Kiribati
(which is required for naturalization), one must
be living in Kiribati for a period of seven years and
cannot be “liable for deportation”, which may be
the case for stateless persons in the country.1293
Australia is the only country in the Pacific with a
simplified process of naturalization available to
stateless persons born in the country.
Stateless persons may be eligible for the standard
naturalization process in Micronesia, the Marshall
Islands, Nauru, Papua New Guinea, Samoa,
Tuvalu and Vanuatu. While the required length of
residence for naturalization varies across States
of the Pacific, Nauru notably has the longest
required residence period, requiring applicants
to be continuously resident in the country for 20
years prior to application.1294
Dual citizenship
Dual citizenship is permitted in seven States of
the Pacific, including Australia, Fiji, Nauru, New
Zealand, Palau, Solomon Islands, and Vanuatu.1295
Three States, Kiribati, Marshall Islands and
Tuvalu, prohibit dual citizenship.1296 In Micronesia
and Papua New Guinea, dual citizenship is
generally not permitted, but may be accessed
through application in Papua New Guinea.1297 The
provision for dual citizenship in Micronesia is only
available to individuals having dual citizenship of
the United States.1298 There are no provisions
stipulating dual citizenship in Samoa or Tonga.
The requirement to renounce prior citizenship
in order to apply for citizenship through
naturalization may leave applicants in Kiribati,
Marshall Islands, Solomon Islands and Micronesia
stateless.1299 In Micronesia and Marshall Islands,
applicants must endure an indefinite period of
statelessness throughout the application process
as they must renounce prior citizenship before
making the application.1300 Applicants in Kiribati
must renounce their prior citizenship before
accruing the ten years of permanent residence
required for naturalization, forcing them to
remain stateless for ten years before applying.1301
Similarly, in order for foreign women spouses
of a Solomon Islands citizen to gain citizenship,
they must renounce any prior citizenship and be
a resident for two years before they can apply
for naturalization with the consent of their
husband.1302 Tuvalu also requires applicants to
renounce prior citizenship, however provisions
exist to prevent statelessness in this case.1303
Tuvalu’s legislation includes a provision stating
that if renouncing citizenship is “impracticable”
or prohibited by the other State of citizenship,
the applicant can make a declaration of intent
to renounce the other State’s citizenship upon
gaining Tuvalu citizenship.1304
REPORT 2024
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