You are here

Right or privilege?

Jun 28,2014 - Last updated at Jun 28,2014

Is citizenship a right, a mere privilege or something in between?

This is a question that is now being heard louder in some Western nations whose immigrant population is on the increase.

Ottawa, for example, is in the process of amending its legislation on citizenship with a view to allowing the revocation or certain, limited, occasions.

Canada wants now to distinguish first between Canadian-born citizens who acquire citizenship by “right” and naturalised citizens who obtain it as a “privilege” that can be withdrawn if the naturalised citizens commit grave crimes that jeopardise the security of the country.

The theory here is that when an immigrant obtains the Canadian citizenship, he or she swears loyalty and allegiance to the country, and when such person purposely damages the safety of his new homeland, he forfeits his citizenship.

But the hair splitting regarding this issue does not end there.

The Canadian Conservative government also wants to draw a line between Canadian-born citizens and Canadian-born citizens who enjoy dual citizenship by virtue of the national laws of the parents’ country.

I do not think the Canadian government has finished deliberations on this highly sensitive subject and may take its time to finalise the changes it wants to adopt on its citizenship law.

The issue of citizenship is very complex and extremely delicate.

The minute countries start making a difference between “natural” and “naturalised” citizens, they will open themselves to all sorts of litigations, national and international.

Conflicting laws would also come into the equation. Whether international norms would tolerate such distinctions between citizens is an open issue that may require further legal perusal.

In principle, international standards do not accept discrimination among citizens on any grounds, including the basis for acquisition of citizenship.

The argument in favour of revocation of citizenship for naturalised citizens on certain occasions deserves closer attention, since an oath of allegiance is also involved.

When that allegiances is broken or violated, then there could be reasons to revoke the citizenship of an individual.

Notwithstanding, revocation of citizenship for any reason raises a host of other complex legal and human rights issues.

It would be safer and more prudent not to tread this path lest the legal regime of citizenship should become a cause of international tensions.

Besides, Canada’s Charter of Rights and Freedoms may have to be reckoned with before a final say on this thorny subject.

Calling on the Canadian supreme court to render a declaratory judgement or opinion on the issue would be most prudent.

up
14 users have voted.


Newsletter

Get top stories and blog posts emailed to you each day.

PDF