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R I G H T S O F T H E A L I E N S I N
C O N T E M P O R A R Y
W O R L D
A L I E N S
Definition:
''A foreign-born
resident in a country
who has not become
a naturalized citizen.''
R I G H T S O F A L I E N S I N E A R L Y A G E S :
• In early times, the tendency was to look upon the alien as an enemy and to
treat him as a criminal or outlaw. Aristotle, probably reflecting a common view in
the ancient world, saw non-Greeks as barbarous people who were slaves “by
nature.” The jus gentium of the Roman law applied to both citizens and
foreigners and tended to favour the idea that aliens had rights; humanity toward
aliens was also fostered, in theory at least, by the Christian idea of the unity of
all persons in the church. The legal and ideological expression of humanity
toward the alien, however, is generally a relatively modern development
R I G H T S O F A L I E N S I N U S
• Term Definition
• Any individual within the country’s borders, who is not a U.S. citizen, is called an
alien.
• Extended Definition
• The term ‘alien’ can be used in reference to any person within the country’s
borders, who is not a U.S. citizen. Aliens are classified in two broad categories –
non-resident aliens and resident aliens. According to the IRS, an alien who does
not meet either of the substantial presence test and the green card test is known
as non-resident. For instance, fresh arrivals in the country on F-1 or J-1 visa are
usually non-resident aliens.
R I G H T S AT S TA K E :
• Aliens must receive the same treatment as nationals of the country in which
they live with regard to the following rights:
1- The right to life and security of the person, including freedom from arbitrary
arrest or detention
2- Protection against arbitrary or unlawful interference with privacy, family, home
or correspondence
3- Equality before the courts, including the free assistance of an interpreter
4- The right to choose a spouse, to marry, and to found a family
5-Freedom of thought, opinion, conscience and religion
6-The right to retain language, culture and tradition
7-The right to transfer money abroad
• The following rights must be granted to aliens so long as they do not interfere
with national security, public safety, public order, public health or morals or the
rights and freedoms of others:
8-The right to leave the country
9-The right to freedom of expression
10-The right to peaceful assembly
11-The right to own property individually or in association with others
12-Liberty of movement and freedom to choose their place of residence within
the borders of the country
13-The right of spouse and minor or dependent children to join a lawful alien, as
provided by national law
• Aliens lawfully residing in the country must be granted the following rights so
long as they observe the country’s laws and respect the customs and traditions
of the people:
14-The right to safe and healthy working conditions, fair wages, and equal pay
for equal work
15-The right to join trade unions
16-The right to social services, health care, education, and social security
• The following additional rights of aliens are particularly enumerated in the
Declaration:
17-Protection from torture or cruel, inhuman, or degrading punishment
18-Freedom from being subjected to medical or scientific experimentation
without the alien’s free consent
19-Protection against arbitrary or unlawful expulsion from the country
20-The right to defend oneself from expulsion, except where compelling reasons
of national security require otherwise
21-Protection from being arbitrarily deprived of lawfully acquired assets
22-The right to communicate at any time with the consulate or diplomatic mission
of the country of which he or she is a national
R I G H T S O F T H E A L I E N S I N PA K I S TA N
• Aliens are defined in Pakistan Citizenship Act 1951, § 2 (as Amendment Act
1952) to mean persons who are neither citizens of Pakistan nor
Commonwealth citizens who have status of Commonwealth citizen under
British Nationality Act, 1948 and British Protected person under same Act.
• Alien visitors must register with the police within 24 hours of arrival and also, if
they move about from area to area, in each area to which they go.
1-Right Acquisition of Citizenship.
Every person is deemed to be a citizen of Pakistan. Foreigners over the age
of 18 may become Pakistani citizens by naturalisation after residing in the
country for at least four year within seven-year period , followed by a further
one year of residence immediately before application.
2-Right of work :
As of December 2020, around 1,435,445 registered Afghan refugees reside
and work in Pakistan. Most of them reside in Khyber Pakhtunkhwa and
Balochistan, Pakistan.
In addition, about 500 Somalis, 60–80 Iraqis and 20–30 Iranians were
reported to be temporarily residing in cities such as Islamabad, Rawalpindi
and Karachi. Nearly all of these are asylum seekers waiting to be resettled in
countries of the Americas, Europe or Oceania.
• 3- Deprivation of rights
• However, the reality is that the illegal immigrants are deprived of even basic
rights to health and education, let alone the right to labour or housing —
primarily for want of any identity papers, if not a national identity card. For
instance, even a third-generation of Bengali immigrants is not recognised as
citizens of Pakistan. A majority of youngsters from this community are engaged
in low-paid jobs in factories, or run small businesses like pan shops —
however living in a state of constant fear and insecurity. The plight of the
Burmese, or Rohingya, community is not much different. It’s in the interest of
the state too that such people are allowed a chance to integrate into our
society to become its productive members.
• There is thus the need for the authorities to devise a mechanism whereby the
illegal immigrants are registered and given rights as per their status. Therefore,
the interior ministry’s decision to register all foreigners in the country is a
welcome development.
• Although the presence of illegal aliens in Pakistan is against the law, the
Government of Pakistan has not made a serious effort to deport them until
January 2010 when Pakistani Interior Minister Rehman Malik asked illegal
aliens to either leave or register themselves with the department concerned.
This action was taken following the bomb attack and targeted killings of
political activists in the city, against foreign militants operating in Pakistan
R I G H T S O F T H E A L I E N S I N B R I T I S H .
• Status of Aliens
• Capacity of alien as to property
• Real and personal property of every description may be taken, acquired, held
and disposed of by an alien in the same manner in all respects as by a natural-
born British subject; and a title to real and personal property of every
description may be derived through, from or in succession to an alien in the
same manner in all respects as through, from or in succession to a natural-
born British subject:
• Provided that this section shall not operate so as to—
(1)confer any right on an alien to hold real property situate out of the United
Kingdom; or
(2)qualify an alien for any office or for any municipal, parliamentary, or other
franchise; or
(3)qualify an alien to be the owner of a British ship; or
(4)entitle an alien to any right or privilege as a British subject, except such rights
and privileges in respect of property as are hereby expressly given to him; or
(5)affect any estate or interest in real or personal property to which any person
has or may become entitled, either mediately or immediately, in possession or
expectancy, in pursuance of any disposition made before the twelfth day of
May, eighteen hundred and seventy, or in pursuance of any devolution by law on
the death of any person dying before that day.
C O N C L U S I O N :
• Aliens have rights of recognition of their legal capacity, respect for acquired
rights ,rights of liberty, the right to access to justice ,right to get education etc.
They must not be subjected to torture or to cruel , inhuman or degrading
treatment or punishment: nor may they be held in slavery or servitude. Thus
aliens have an inherent right to life , protected by law, and may not arbitrarily
deprived of life.

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Presentation (1) copy.pptx

  • 1. R I G H T S O F T H E A L I E N S I N C O N T E M P O R A R Y W O R L D
  • 2. A L I E N S Definition: ''A foreign-born resident in a country who has not become a naturalized citizen.''
  • 3. R I G H T S O F A L I E N S I N E A R L Y A G E S : • In early times, the tendency was to look upon the alien as an enemy and to treat him as a criminal or outlaw. Aristotle, probably reflecting a common view in the ancient world, saw non-Greeks as barbarous people who were slaves “by nature.” The jus gentium of the Roman law applied to both citizens and foreigners and tended to favour the idea that aliens had rights; humanity toward aliens was also fostered, in theory at least, by the Christian idea of the unity of all persons in the church. The legal and ideological expression of humanity toward the alien, however, is generally a relatively modern development
  • 4. R I G H T S O F A L I E N S I N U S • Term Definition • Any individual within the country’s borders, who is not a U.S. citizen, is called an alien. • Extended Definition • The term ‘alien’ can be used in reference to any person within the country’s borders, who is not a U.S. citizen. Aliens are classified in two broad categories – non-resident aliens and resident aliens. According to the IRS, an alien who does not meet either of the substantial presence test and the green card test is known as non-resident. For instance, fresh arrivals in the country on F-1 or J-1 visa are usually non-resident aliens.
  • 5. R I G H T S AT S TA K E : • Aliens must receive the same treatment as nationals of the country in which they live with regard to the following rights: 1- The right to life and security of the person, including freedom from arbitrary arrest or detention 2- Protection against arbitrary or unlawful interference with privacy, family, home or correspondence 3- Equality before the courts, including the free assistance of an interpreter 4- The right to choose a spouse, to marry, and to found a family 5-Freedom of thought, opinion, conscience and religion 6-The right to retain language, culture and tradition
  • 6. 7-The right to transfer money abroad • The following rights must be granted to aliens so long as they do not interfere with national security, public safety, public order, public health or morals or the rights and freedoms of others: 8-The right to leave the country 9-The right to freedom of expression 10-The right to peaceful assembly 11-The right to own property individually or in association with others 12-Liberty of movement and freedom to choose their place of residence within the borders of the country 13-The right of spouse and minor or dependent children to join a lawful alien, as provided by national law
  • 7. • Aliens lawfully residing in the country must be granted the following rights so long as they observe the country’s laws and respect the customs and traditions of the people: 14-The right to safe and healthy working conditions, fair wages, and equal pay for equal work 15-The right to join trade unions 16-The right to social services, health care, education, and social security • The following additional rights of aliens are particularly enumerated in the Declaration: 17-Protection from torture or cruel, inhuman, or degrading punishment
  • 8. 18-Freedom from being subjected to medical or scientific experimentation without the alien’s free consent 19-Protection against arbitrary or unlawful expulsion from the country 20-The right to defend oneself from expulsion, except where compelling reasons of national security require otherwise 21-Protection from being arbitrarily deprived of lawfully acquired assets 22-The right to communicate at any time with the consulate or diplomatic mission of the country of which he or she is a national
  • 9. R I G H T S O F T H E A L I E N S I N PA K I S TA N • Aliens are defined in Pakistan Citizenship Act 1951, § 2 (as Amendment Act 1952) to mean persons who are neither citizens of Pakistan nor Commonwealth citizens who have status of Commonwealth citizen under British Nationality Act, 1948 and British Protected person under same Act. • Alien visitors must register with the police within 24 hours of arrival and also, if they move about from area to area, in each area to which they go.
  • 10. 1-Right Acquisition of Citizenship. Every person is deemed to be a citizen of Pakistan. Foreigners over the age of 18 may become Pakistani citizens by naturalisation after residing in the country for at least four year within seven-year period , followed by a further one year of residence immediately before application. 2-Right of work : As of December 2020, around 1,435,445 registered Afghan refugees reside and work in Pakistan. Most of them reside in Khyber Pakhtunkhwa and Balochistan, Pakistan. In addition, about 500 Somalis, 60–80 Iraqis and 20–30 Iranians were reported to be temporarily residing in cities such as Islamabad, Rawalpindi and Karachi. Nearly all of these are asylum seekers waiting to be resettled in countries of the Americas, Europe or Oceania.
  • 11. • 3- Deprivation of rights • However, the reality is that the illegal immigrants are deprived of even basic rights to health and education, let alone the right to labour or housing — primarily for want of any identity papers, if not a national identity card. For instance, even a third-generation of Bengali immigrants is not recognised as citizens of Pakistan. A majority of youngsters from this community are engaged in low-paid jobs in factories, or run small businesses like pan shops — however living in a state of constant fear and insecurity. The plight of the Burmese, or Rohingya, community is not much different. It’s in the interest of the state too that such people are allowed a chance to integrate into our society to become its productive members. • There is thus the need for the authorities to devise a mechanism whereby the illegal immigrants are registered and given rights as per their status. Therefore, the interior ministry’s decision to register all foreigners in the country is a welcome development.
  • 12. • Although the presence of illegal aliens in Pakistan is against the law, the Government of Pakistan has not made a serious effort to deport them until January 2010 when Pakistani Interior Minister Rehman Malik asked illegal aliens to either leave or register themselves with the department concerned. This action was taken following the bomb attack and targeted killings of political activists in the city, against foreign militants operating in Pakistan
  • 13. R I G H T S O F T H E A L I E N S I N B R I T I S H . • Status of Aliens • Capacity of alien as to property • Real and personal property of every description may be taken, acquired, held and disposed of by an alien in the same manner in all respects as by a natural- born British subject; and a title to real and personal property of every description may be derived through, from or in succession to an alien in the same manner in all respects as through, from or in succession to a natural- born British subject:
  • 14. • Provided that this section shall not operate so as to— (1)confer any right on an alien to hold real property situate out of the United Kingdom; or (2)qualify an alien for any office or for any municipal, parliamentary, or other franchise; or (3)qualify an alien to be the owner of a British ship; or (4)entitle an alien to any right or privilege as a British subject, except such rights and privileges in respect of property as are hereby expressly given to him; or (5)affect any estate or interest in real or personal property to which any person has or may become entitled, either mediately or immediately, in possession or expectancy, in pursuance of any disposition made before the twelfth day of May, eighteen hundred and seventy, or in pursuance of any devolution by law on the death of any person dying before that day.
  • 15. C O N C L U S I O N : • Aliens have rights of recognition of their legal capacity, respect for acquired rights ,rights of liberty, the right to access to justice ,right to get education etc. They must not be subjected to torture or to cruel , inhuman or degrading treatment or punishment: nor may they be held in slavery or servitude. Thus aliens have an inherent right to life , protected by law, and may not arbitrarily deprived of life.