Nationality is the status of belongingto a particular nation by origin, birth,or naturalization. It can be an ethnicgroup that is part of a larger entitysuch as a state.
Nationality gives the right to live andwork permanently in a country, andincludes other rights, such as the right tohave a passport issued by that country,the right of abode in that countrysembassies, right of social security, rightto exercise some legal or politicalprofessions (e.g magistrate, president ofthe country). Nationality may alsoinclude obligations, such as military
What is Citizenship? Citizenship is commonly defined as“the state of being vested with therights, privileges, and duties of acitizen,” who is “a native ornaturalized member of a state orother political community.”
Citizenship in itself does not give theright to live in a country (a visa ornationality is required for that), but onlyto vote at elections (sometimes also theright to be elected). Citizenship can benational (nationwide), subnational (only inone state, region, province ormunicipality), or supranational (valid inseveral countries, like within the EU orCommonwealth).
It is widely believed that the conceptwas first introduced to the West by theancient Greeks who implemented it insmall communities and who distinguishedtheir citizens from the non-citizens – i.e.,the slaves, the “barbarians” and thewomen. It was then expanded by theancient Romans to cover their entireempire and in so doing legitimize their ruleover their conquered territories, andfurther refined by the French, who, bystaging the French Revolution, did awaywith a “caste system” for their citizens sothat the commoners would have the samerights as the nobles.
The modern concept of citizenship hasof course developed further, and countriesand supranational entities (e.g., theEuropean Union with their concept of anEU citizen) are up to now still debatingrelated matters. Complicating things abit is the issue of citizenship versusnationality: The former is deemed “moreexclusive” while the latter is afforded thosepeople from colonial territories who do notenjoy all citizenship rights. Because of thesize of the former British Empire, the UKhas probably the most interesting and mostconfusing citizenship and nationalitylaws.
There are some cases of nationalitywithout citizenship. For instance, untilrecently, people naturalized French couldnot vote for the first 5 or 10 years aftertaking the French nationality. But there are also cases of citizenshipwithout nationality, which is muchmore common. For instance, foreigners inthe Benelux, the 5 Nordic countries, someSwiss cantons, Portugal and NewZealand have the right to vote at some orall elections, and in some cases to beelected too. Nationals of Commonwealthcountries living in the UK can also voteand be elected in the UK.
In Japan, has given the right to vote(but not to be elected) to permanent residents(only) at municipal elections (only). So99.99% of foreigners in Japan do not havecitizenship rights at all. Nationals of EU member-states all enjoythe rights given by nationality andcitizenship in other EU countries, with somerestrictions. Citizenship rights are limited toEU and local elections, and nationality rightsdo not include the right of social security (butmany non-EU countries dont have any,anyway) or the obligation of military service.
What is Dual Nationality? Dual nationality is a “status longrecognized in the law” and that “aperson may have and exercise rightsof nationality in two countries and besubject to the responsibilities ofboth. The mere fact that he assertsthe rights of one citizenship doesnot without more mean that herenounces the other”.
Dual nationality results fromthe fact that there is no uniformrule of international law relatingto the acquisition of nationality.Each country has its own laws onthe subject, and its nationality isconferred upon individuals on thebasis of its own independentdomestic policy. Individuals mayhave dual nationality not bychoice but by automatic operationof these different and sometimesconflicting laws.
Republic Act No. 9225,also known as theCitizenship Retention andRe-Acquisition Act of 2003,an individual, who was anatural-born Filipino citizenbut lost his/her Philippinecitizenship due tonaturalization as a citizen ofa foreign country, may nowapply for the Administration ofOath of Allegiance to theRepublic of the Philippines.
PHILIPPINE IMMIGRATIONS: Newrules on dual citizenship: Filipinos with dualcitizenships can now enter end leave thecountry, trouble free, as long as they presentboth their Philippine and foreign passports toimmigration officers at the time of arrival ordeparture, according to immigrationsCommissioner Alipio Fernandez Jr. This developed after bureau ofimmigration came out with new rules forarriving and departing passengers who availedthemselves of the dual citizenship law passedby Congress last year.
Under the law, Filipinos who became, or areintending to become naturalized citizens of othercountries, have not lost their Philippinecitizenship. According to Mr. Fernandez, aFilipino who presents a foreign passport shall onlybe given an indefinite stay in the country if he orshe can show a valid Philippine passport or acertificate from the BI as proof of dualcitizenship. The immigration officer then makes theappropriate stamp on both the foreign andPhilippine passports of the passenger.Immigration executive director Roy Almoro saidthe new rules were issued in the wake of reportsof misunderstanding between immigrationofficers and passengers with dual citizenship.
Airport immigration head ofsupervisors Ferdinand Sampol saiddual citizens who entered thecountry using foreign passportswill be cleared for departureprovided they present a validPhilippine passport and bureau ofimmigration certificate. The passenger is no longerrequired to present a certificate,exit permit or proof of payment ofimmigration fees.
Dual military obligationsIt is concerning the risk that people might bedoubly obliged to compete national service.
Citizenship as the basis todetermine applicable law Nationality is one of the criteria to determine theapplicable domestic law, especially in the area of family andinheritance law. However, according to private internationallaw – i.e. the principles which decide which domestic lawapplies in a given situation – the principle of effectivecitizenship means that the applicable law is that of the countryto which those concerned have an effective tie, in other wordsthe country where they normally reside.
Possible double taxation of dual nationals A state can tax its nationals regardless oftheir place of residence. Further, people mustregularly meet their tax obligation in thecountry where they are economically active.This obviously gives rise to the risk ofdouble taxation.
Diplomatic protection forpersons with dual nationality Claiming diplomatic protection, whereby a stateis entitled to protect its subjects against acts contraryto international law committed by another state. Inthe case of dual nationals, there could be somedispute as to which state may provide legalprotection. On the other hand, conflict may arise if astate intervenes on behalf of a citizen residing inanother state of which he or she is also a citizen.
‘Unjustified’ double voting rights In nearly all states, voting rights are given onthe basis of citizenship. Some commentators,therefore, critically point out that persons who arethe citizens of two countries can also vote in twocountries. Critics argue that this undermines thebasic principle of equality of citizens, which isexpressed by “one person, one vote”.
Loyalty A distinction may be made between conflictsspecifically mentioned and less explicit generaldoubts about the necessary degree of loyalty. Onesuch possible specific conflict is that in the event ofwar a state depends on the undivided loyalty of thenationals it can call to arms in its service.
PROS CONS Immigrants Acquire rights as nationals Take on obligations as nationals Receive acknowledgment of multiple of two or more countries memberships and loyalties Sending States Promote economic development Permit undue influence of immigrants Encourage remittances in domestic politics; immigrantsDevelop a sympathetic lobby in receiving as political loose cannon country Receiving States Support foreign policy goals Divide loyalties of citizens Encourage the naturalization of Delay immigrant adoption of citizenship immigrants Recognize realities of Devalue meaning of citizenship transnational allegiances
Presented by: Cesario, Sheila Marie G.III-21 BSE Social Science