Liberian nationality law
Aliens and Nationality Law | |
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Parliament of Liberia | |
Long title
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Passed by | Government of Liberia |
Passed | 15 May 1973 |
Status: Current legislation |
Republic of Liberia |
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Subdivisions |
Liberian nationality law is regulated by the Constitution of Liberia, as amended; the Aliens and Nationality Law, and its revisions; and various international agreements to which the country is a signatory.[1][2] These laws determine who is, or is eligible to be, a national of Liberia.[3] The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation.[4][5] Liberian nationality is based on descent from a person who is "Negro",[6] regardless of whether they were born on Liberian soil, jus soli, or abroad to Liberian parents, jus sanguinis.[7] The Negro clause was inserted from the founding of the colony as a refuge for free people of color, and later former slaves, to prevent economically powerful communities from obtaining political power.[8][9] It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.[3]
Acquisition
Nationality is acquired in Liberia at birth, or later in life through naturalization.[3]
By birth
The primary means of obtaining nationality in Liberia is birth on Liberian soil, jus soli, or by descent from a Liberian national, jus sanguinis.
By naturalization
Loss of nationality
Liberians are allowed to
Dual nationality
In 1973, the Aliens and Nationality Law prohibited dual nationality except in limited circumstances, but there was no specific ban against having multiple nationalities in the constitution.[33][16] There was also no specific provision allowing dual nationality.[16] The constitution and nationality law conflicted, as the constitution states that a child can hold dual nationality until majority, at which time they had to renounce other affiliations; whereas, the nationality statute stated that if the person had taken a voluntary action such as behaving as a national of another state or swearing an oath of allegiance to another state, or applying for naturalization in a foreign state, they could be deprived of Liberian status.[33][16] So for example, no voluntary action was required of a woman who lost her nationality automatically upon marriage to a foreigner under previous statutes requiring her to take her husband's nationality,[34] or when she was restored nationality under the 1973 Aliens and Nationality Law.[25] She was protected from losing her Liberian status unless she specifically renounced her Liberian nationality by Article 22.3.[28] Similarly, a child born abroad in a country that automatically confers nationality based on jus soli to two Liberian parents would not have to renounce their foreign status.[16]
In July 2022, President George Weah signed an amendment to the Aliens and Nationality Law allowing for dual nationalities.[35] This allows those who had previously lost citizenship due obtaining citizenship in other countries to reclaim their Liberian citizenship. Liberian citizens with dual nationalities, however, are prohibited from doing some things, such as holding a number of elected public offices.[36][37]
History
Pre-colonial period (1461–1821)
In 1461, Pedro de Sintra, a Portuguese navigator, reached the Pepper Coast (Portuguese: costa da malagueta).[38] Seven years later, Fernão Gomes, a Lisbon merchant, was granted a contract by Afonso V of Portugal to explore the West African coastline from Sierra Leone to Cameroon. He was given the monopoly to the Guinea trade and colonization, as well as the trade for the malagueta pepper spice.[39] In 1474, when Gomes' contract expired, the Guinea trade was turned over to Afonso's son João.[40] Under João's administration, all foreigners were prohibited from engaging in the Guinea trade upon penalty of death.[41] Primarily, the Pepper Coast was used as a refueling and provisioning outpost, but slaves were also purchased there for transport to Elmina Castle.[42] By 1600, the Dutch had replaced the Portuguese traders along the Pepper Coast, which they called the Grein Kust, (Grain Coast), using the medieval nomenclature, graine de paradis (grain of paradise), for the malagueta pepper.[43] In the seventeenth century, the Dutch established a trading post at Cape Mount, and English, French, and German traders began to operate in the area. Trading posts were established by Europeans at Cestos and Grand Cess.[44][45]
Around the same time, African peoples who had settled in the region included tribes and villages associated with inter-related ethnolinguistic groups, the
Colony of Liberia (1822–1847)
The
In 1839, the colonists of the various coastal settlements decided to form the Liberian Commonwealth in an effort to unify their policies and provide for mutual protection.
Post-independence (1847–present)
On 26 July 1847, independence was declared and subsequently a constitution drafted for the new republic.
From 1904, the government shifted its policies toward the indigenous people from assimilation to indirect rule, allowing the Liberian Frontier Force and chieftains of the interior latitude to administer the territory beyond Monrovia.[71] In 1908, a new Naturalization Law was drafted adding provisions that applicants must be "Negro", at least twenty-one years old, and lack a criminal record.[72][73] Under the Law of 8 February 1922, nationality in Liberia was derived by Negro persons as long as, they were a child born in Liberia, whose parent did not have diplomatic immunity; a child born abroad to a Liberian father, who was temporarily abroad and would be returning to Liberia; the wife of a Liberian; and naturalized persons, which included their wives and minor children.[74][75] Non-Negroes were prohibited from becoming nationals of the territory and women who married foreigners lost their Liberian status, but could repatriate upon termination of the marriage. Under the 1922 Law dual nationality was prohibited.[74] A Supreme Court decision in Williams v. Young and an opinion issued by the Attorney General of Liberia on 18 December 1922, determined that denaturalization of a woman by marriage to a foreigner was unconstitutional and that her status could not be changed without her consent.[75]
From the 1930s, international pressure was exerted upon the Liberian Government to reform its policies regarding its indigenous people.[76] Finally in 1945, their status was changed from being non-citizen nationals of the republic and the Liberian Constitution was amended to extend the franchise to all African males, upon reaching their majority, who paid their hut tax.[2][76] Though a new Naturalization law had been passed in 1938, the various laws concerning nationality were not codified until the passage of the Aliens and Nationality Law in 1956, but the basic provisions did not change.[77][78][Notes 1] In 1960, the policy of indirect rule was abandoned and integration of the indigenous people began, eliminating the remaining differences in citizenship status between the aboriginal and the Americo-Liberian people.[80]
The 1956 Aliens and Nationality Law was repealed and replaced by a statute of the same name in 1973.[2] Under its terms only a "Negro" person who was born in Liberia or a person born abroad to a father of African descent who was Liberian of origin and has lived in Liberia, could acquire nationality at birth. Children born abroad were required to reside in Liberia or to take an Oath of Allegiance upon reaching majority to retain their Liberian status.[81] Children born abroad to a Liberian mother and alien father were permitted to naturalize, if their father naturalized.[17] Provisions for the acquisition of nationality through marriage were changed, indicating that all foreign spouses must meet naturalization requirements.[82] Women who had previously automatically lost their nationality because of marriage with a foreigner were declared to be Liberian, as long as they had not voluntarily acted to acquire other nationality.[17]
In 1979, an amendment to the constitution was proposed to allow persons who were not of African descent to acquire nationality in Liberia.[83] Before it was passed, in 1980, the constitution was suspended by a coup d'état.[84][85] A new constitution was drafted in 1984 and went into force in 1986.[86] Under Article 28 of the new constitution, children born abroad could equally acquire nationality from their mothers; however, they were required to renounce any other nationalities at majority. An inconsistency of law was created with this provision as the 1973 Aliens and Nationality Law was not amended.[11][13] Though Liberia promised to amend its nationality statutes and remove provisions that were inconsistent with human rights treaties in 2011,[13] the 1973 law remains in force.[13][87] A draft constitution was reviewed in 2015 to remove the racial clauses and allow for dual nationality, but it was unsuccessful.[88] In 2019, the Supreme Court ruled in Alvin Teage Jalloh v Olubanke King-Akerele that automatically depriving a citizen of Liberian status because they had acquired dual nationality was unconstitutional as Section 22.2 of the Aliens and Nationality Law abridged constitutional protections for Due process.[89][90] Though the legislature again attempted to amend the constitution, a procedural issue halted a proposed 2020 referendum.[91]
In July 2022, President Weah signed an amendment to the Alien and Nationality Law allowing dual citizenship for Liberians specifically of "Negro descent". Under this new law, Liberian citizens with dual nationality are prevented from holding some public offices.[36][37]
Notes
References
Citations
- ^ Manby 2016, pp. 32–34, 36, 135.
- ^ a b c d e f g h Tannenbaum et al. 2009, p. 1.
- ^ a b c Manby 2016, pp. 6–7.
- ^ Fransman 2011, p. 4.
- ^ Rosas 1994, p. 34.
- ^ Manby 2018, p. 94.
- ^ a b Manby 2016, p. 47.
- ^ Manby 2018, p. 320.
- ^ Captan 2015, p. 21.
- ^ Manby 2016, pp. 47, 50.
- ^ a b Manby 2016, p. 56.
- ^ Manby 2016, pp. 50–52.
- ^ a b c d United Nations High Commissioner for Refugees 2014, p. 5.
- ^ Tannenbaum et al. 2009, p. 13.
- ^ Tannenbaum et al. 2009, p. 14.
- ^ a b c d e f Dillon 2020.
- ^ a b c Tannenbaum et al. 2009, p. 58.
- ^ Manby 2016, p. 24.
- ^ Tannenbaum et al. 2009, p. 4.
- ^ Manby 2016, p. 60.
- ^ Tannenbaum et al. 2009, p. 15.
- ^ a b Manby 2016, p. 91.
- ^ Tannenbaum et al. 2009, p. 54.
- ^ Tannenbaum et al. 2009, pp. 15, 56.
- ^ a b Tannenbaum et al. 2009, p. 16.
- ^ Tannenbaum et al. 2009, pp. 15–16.
- ^ Manby 2016, pp. 57, 67.
- ^ a b c Tannenbaum et al. 2009, p. 61.
- ^ Manby 2016, pp. 105, 110.
- ^ Manby 2016, p. 107.
- ^ Manby 2016, p. 110.
- ^ Tannenbaum et al. 2009, p. 60.
- ^ a b Manby 2016, p. 75.
- ^ Manby 2018, p. 103.
- ^ "All you need to know about Liberia's new dual citizenship law". Al Jazeera. 27 July 2022. Retrieved 29 July 2022.
- ^ a b Karmo, Henry (20 July 2022). "Legislature Passes Amended Alien, Nationality Law Allowing dual Citizenship". FrontPage Africa. Retrieved 22 July 2022.
- ^ a b Sonpon, Leroy M. III (20 July 2022). "Liberia: Dual Citizenship Becomes Legal". Liberian Observer. Retrieved 22 July 2022.
- ^ Massing 2009, p. 340.
- ^ Massing 2009, p. 338.
- ^ Massing 2009, p. 342.
- ^ Massing 2009, p. 344.
- ^ Massing 2009, pp. 346–347.
- ^ Massing 2009, pp. 357–358.
- ^ Massing 2009, p. 359.
- ^ Fraenkel 1965, p. 3.
- ^ Fraenkel 1965, p. 1.
- ^ Fraenkel 1965, p. 4.
- ^ Findlay 1867, p. 457.
- ^ Ayatey 1981, p. 150.
- ^ Captan 2015, p. 22.
- ^ Fofana 2017, p. 3.
- ^ a b Holsoe 1971, p. 336.
- ^ Captan 2015, p. 26.
- ^ Captan 2015, p. 27.
- ^ Captan 2015, p. 28.
- ^ Akingbade 1983, p. 340.
- ^ a b Akingbade 1983, p. 349.
- ^ Akpan 1973, p. 226.
- ^ Pham 2004, p. 52.
- ^ Pham 2004, pp. 53–54.
- ^ a b c d Akingbade 1983, p. 353.
- ^ Akingbade 1983, pp. 352–353.
- ^ a b Compton 2014, p. 52.
- ^ Akpan 1973, pp. 227–228.
- ^ Akpan 1973, pp. 222–223.
- ^ Akpan 1973, p. 227.
- ^ Flournoy & Hudson 1929, p. 410.
- ^ Grimes 1947, pp. 402–403.
- ^ Akpan 1973, p. 223.
- ^ Akpan 1973, pp. 223–224.
- ^ Akpan 1973, pp. 229–231.
- ^ Flournoy & Hudson 1929, pp. 410–412.
- ^ Grimes 1947, pp. 405–407.
- ^ a b Flournoy & Hudson 1929, pp. 413–414.
- ^ a b c Grimes 1947, p. 415.
- ^ a b Akpan 1973, pp. 235.
- ^ Manby 2018, p. 59.
- ^ Aliens and Nationality Law 1956, pp. 110–115.
- ^ Aliens and Nationality Law 1956, p. 117.
- ^ Akpan 1973, pp. 236.
- ^ Tannenbaum et al. 2009, p. 52.
- ^ Tannenbaum et al. 2009, p. 57.
- ^ Schmidt 1981, p. 246.
- ^ Schmidt 1981, p. 250.
- ^ Dube 2008, pp. 577–578.
- ^ Manby 2018, p. 95.
- ^ Manby 2016, p. 135.
- ^ Pailey 2019.
- ^ Lamp 2019.
- ^ Bashar 2021, pp. 216–217.
- ^ Bashar 2021, pp. 218–219.
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