UNHCR works closely with the Inter‑Parliamentary Union (IPU) to raise awareness
among parliamentarians about international legal norms relating to statelessness and
to alert them to the wealth of recommendations and best practices that can prevent
statelessness. IPU encourages parliamentarians to adopt nationality legislation that will
help to eliminate statelessness while securing the right to a nationality for those deprived
of it, and helps to ensure that treaties that address dual or multiple nationalities do not
inadvertently create statelessness.
Good practices: Sri Lanka
Most of the labour force that produces Sri Lanka’s world‑renowned tea are of Indian
origin. Known officially as “Tamils of Recent Indian Origin,” but more commonly
referred to as “Up‑Country Tamils”, these labourers are descendants of persons
brought from India to what was then Ceylon by the British administration that ruled
the island nation between 1815 and 1948. From 1948, when Sri Lanka won its
independence, until 1984, various Indo‑Sri Lankan agreements determined the legal
status of these labourers. Some Up‑Country Tamils were granted citizenship by one
or the other country through legislative or bilateral arrangements. However, many
had no nationality, and thus no basic rights; some did not even have access to the
process of acquiring Sri Lankan or Indian citizenship.
In 1982, the Government of India informed the Government of Sri Lanka that it
considered previous agreements concerning the Up‑Country Tamils no longer binding
because the implementation period of those agreements had expired. In effect, from
that date, any Up‑Country Tamil who was stateless was unable to acquire Indian or
Sri Lankan nationality.
The Ceylon Workers Congress, a trade union and political party, lobbied for years for
the rights of Up‑Country Tamils. In response, the Sri Lankan parliament drafted and,
in October 2003, unanimously approved the Grant of Citizenship to Persons of Indian
Origin Act. The Act automatically grants citizenship to any person of Indian origin who:
•
has been a permanent resident of Sri Lanka since 30 October 1964; or
•
is a descendent, resident in Sri Lanka, of a person who has been a permanent
resident of Sri Lanka since 30 October 1964.
After the Act was adopted, the Office of the Commissioner General, UNHCR and
the Ceylon Workers Congress began disseminating information on the new law. The
Tamil, English and Sinhalese media ran newspaper articles and broadcast radio and
television spots with information on the law and how and where people could apply
for citizenship.
The administrative procedures, designed by the Minister of the Interior and the
Controller of the Immigration Department, are simple, brief and fair. Two different
procedures were established for stateless persons:
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