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The third chapter of the Fijian Constitution,
comprising Sections 8 through 20 of the Constitution,
set out the rules for citizenship in Fiji.
The thirteen sections of Chapter 3 enunciate
how citizenship may be acquired or forfeited, as well
as how the Parliament may or may not legislate concerning
this topic. The inclusion of this in the Constitution
is somewhat unusual: the constitutions of many countries
leave the question of citizenship to be resolved by
the legislature. In Fiji, however, the complex history
of immigration and colonial rule, together with hardline
nationalist sentiments among certain sections of the
ethnic Fijian population, has left various ethnic groups
unsure of their permanent place in Fijian society, and
wanted their right to citizenship entrenched in the
Constitution rather than merely stated in some legal
document that could be easily amended or even repealed
at the whim of a legislative body.
Section 8 deals with the question of retention
of existing citizenship: all persons who were citizens
of Fiji immediately prior to the adoption of this Constitution
remain citizens.
Section 9 sets out four ways in which citizenship
may be acquired, namely by birth, by registration, by
naturalization, or by any other method prescribed by
Parliament.
Sections 10 and 11 define how one is deemed to
have Fijian citizenship by birth. Every child born in
Fiji on or after the date on which the Constitution
took effect is deemed to be a citizen of Fiji, provided
that at least one parent is a citizen, and that neither
parent is an accredited diplomat of a foreign power.
An infant found abandoned in Fiji is deemed to have
been born in Fiji, unless there is proof to the contrary.
Section 12 clarifies how one may acquire citizenship
by registration. Fiji has a long history of emigration,
as well as immigration. The number of Fijian citizens
living abroad, along with their descendants, is not
known, but is estimated to be in the order of several
hundred thousand. The provision for citizenship by registration
guarantees the right of citizenship to any child born
outside Fiji with at least one parent a Fijian citizen,
to any foreign child under the age of 18 adopted by
a Fijian citizen, to any child who was under the age
of 21 when either parent became a citizen by registration,
and to any spouse or former spouse of a Fijian citizen.
Applications for citizenship by registration may be
made at any time during the child's lifetime. Conditions
apply: one registering for citizenship must be lawfully
present in Fiji for a total of three out of the five
years immediately prior to the application, and must
renounce his or her citizenship of any other country.
Section 13 sets out the conditions for acquiring
citizenship by naturalization. Anyone who does not qualify
for citizenship by birth or registration may apply to
be naturalized as a citizen, provided that he or she
has been lawfully present in Fiji for a total of five
out of the ten years immediately prior to the application.
Sections 14 and 15 set out how Fijian citizenship
may be lost or forfeited. An adult who acquires citizenship
of a foreign state forfeits his or her citizenship.
A child acquiring foreign citizenship is permitted to
have dual citizenship until reaching the age of 21,
after which he or she has one year to make a final decision
on which citizenship to keep. On failing to renounce
foreign citizenship by his or her 22nd birthday, one
loses Fijian citizenship. A citizen over the age of
21 may renounce his or her citizenship provided that
he or she has acquired citizenship of another country.
Section 16 deals with the residency rights of
non-citizens. Any former citizen, foreign wife or husband,
widow or widower, of a Fijian citizen, or child of a
Fijian citizen is entitle to enter and reside in Fiji,
subject only to entry and residency conditions prescribed
by Parliament.
Section 17 empowers Parliament to allow the acquisition
of citizenship in other ways, in addition to those set
out in the constitution, and to make administrative
regulations covering applications for citizenship by
registration or naturalization.
Section 18 allows the Parliament to specify the
criteria for calculating the length of the period in
which one has been lawfully resident in Fiji.
Section 19 empowers the government to strip a
person of his or her citizenship, in a few limited circumstances.
If citizenship was "obtained by fraud, misrepresentation,
or concealment of a material fact," the government
may revoke his or her citizenship. Citizenship may also
be revoked in the event of a Fijian citizen exercising
"the entitlements of citizenship of another country".
This could include voting in a foreign election, serving
in a foreign army, etc.
Section 20 contains three clauses, covering the
cases of person born on dates where Fiji's constitutional
situation was ambiguous. From 28 September 1987 to 24
July 1990, Fiji functioned without a constitution. Any
child born in Fiji in that period is declared to be
a citizen of Fiji. Fiji had no constitutional government
between 28 September and 6 October 1987; any child born
abroad whose father was a citizen is taken to be a citizen.
Moreover, any person born in Fiji during the time in
which the constitution prior to the present one was
in operation, is deemed to be a citizen of Fiji, if
he or she would otherwise be stateless."
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