alert them to the wealth of recommendations and best practices that can prevent statelessness.
The organization 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 w\on 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 a 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:
– De facto stateless persons, usually holders of Indian passports that had
expired after India’s 1982 declaration, are required to state their intention
to voluntarily acquire Sri Lankan citizenship. This is usually done by the
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