The Phenomenon of Multiple Nationality and Its Implications under Cameroonian Law
Keywords:
Cameroonian law, Multiple nationality implications, PhenomenonAbstract
In the light of globalization and economic trends of every nationality law [1], economic integration and increase in migration with the idea of citizenship continue to decrease. When considering the ease of international travel to that of decades ago, the prospect of individuals possessing multiple citizenships simultaneously has increased. With the advent of globalization, the notion or possibility of citizens possessing global citizenship has been on the rise. To this effect, modern statistics have demonstrated that the undeniable presence of individuals who may call two countries home has become a controversial issue of high debate on the nationality scene. This, in turn, has led to the increased interest in the possibility of citizens to hold dual nationality and, where a country’s policy currently prohibits such dual citizenship, a perfect and encouraging factor to make the concept of nationality law a reality in the global scene. As a result of this, the general world trend is towards a more open citizenship regime in which increasing numbers of countries allow their citizens to possess the nationality of another country and even going to the extent of possessing naturalization as far as this will contribute positively to the economy of the country of origin of this citizen. The situation of double citizenship is lookedin a different perspective under the Cameroon nationality law. Notably, Cameroonian nationality law is exclusive, as they consider that the acquisition of a foreign citizenship is an automatic reason for loss of Cameroonian nationality and this phenomenon has created lots of implications on the Cameroonian society from the economic, social, political, and even cultural denominations.
References
1. Law no. 1968 -LF-3 of 11 th June 1968 setting up the Cameroon Nationality Law
2. Weis P, Nationality and Statelessness in International Law, Ste vens, London, 1956 at P. 5.
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4. Rubenstein K, Citizenship in Au stralia, unscrambling its Meaning (1995) 20 Melbourne University Law Review 503 and Bosniak L, Citizenship Denationalized (2000) 7 Indiana Journal of Global Legal Studies 447 at 456.
5. Roberto Alejandro refers to this as ‘Citizenship as universality and as a legal construction’ in Alejandro R, Hermeneutics, Citizenship, and the Public Sphere, State University of New York Press, New York, 1993 at 14.
6. Alejandro, ibid, refers to this as citizenship as communality and participation at 21.
7. A third view of citizens hip which will not be of direct concern in this paper is citizenship as ‘desirable – activity’. That is, looking at what we w ant citizens to be like; the ‘civic virtues’ concept of citizenship. See Kymlicka W and Norman W, ‘Return of the Citizen: A Survey of Recent Work on Citizenship Theory’ (1994) 104 Ethics 352; Alejandro also refers to other models, such as citizenship as am elioration of class conflicts, Alejandro, above n 16 at 26; citizenship as self-sufficiency at 28; and finally, his thesis, of citi zenship as a hermeneutic endeavour at 33 ff.
8. Bosnian refers to this in Citizenship Denationalized, above n 14 at 464, when she discussed Charles Black and Kenneth Karst’s legal work on citizenship representing full and equal membership’.
9. Young I. M., Justice and the Politics of Difference, Princeton University Press, Princeton; and Thornton M, Historicizing Citizenship: Remember ing Broken Promises (1996) 20 Melbourne University Law Review 1072.
10. A most influential account of this process is found in Marshall’s collection: Marshall TH, Citizenship and Social Class , Cambridge University Press, Cambridge, 1950.
11. Anna Yeatman discusses this tension in international law and human rights contexts in Yeatman A, who is the Subject of Human Rights? In Meredyth D and Minson J (eds), Citizenship and Cultural Policy: Statecraft, Markets and Community, Sage, London, 2001.
12. For an excellent discu ssion of this in a domestic context, Legomsky S, ‘Why Citizenship’ (1994) 35 Virginia Journal of International Law 279 review was deemed necessary.
13. For a discussion of social citizenship in the US context, Demleitner NV, The Fallacy of Social Citizenship , or The Threat of Exclusion’ (1997) 12 Georgetown Immigration Globalization and Citizenship and Nationality 7 Law Journal 35 and Lin da Bosniak’s earlier work: Bosniak L, Exclusion and Membership: The Dual Identity of the Undocumented Worker under United NJREL (2018) 1-12 © Law Journals 2018. All Rights Reserved Page 11 States Law (1988) Wisconsin Law Review 955 and ‘Membership, Equality and the Difference that Alienage Makes’ (1994) New York University Law Review 1047.
14. Article 1, 1930 Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws (in force 1937) hereinafter referred to as the ‘Hague Convention’.
15. This means the discussion on citizenship within the domestic sphere wil l be limited in this chapter to discussions of a general nature, rather than specific consequences for a range of different legislative regimes.
16. This listing has been conveniently compiled in Shearer IA, Starke’s International Law , 11th edition, Butterworth’s, London, 1994 at 309.
17. Committee on Feminism and International Law, Women’s Equality and Nationality in International Law, Preliminary Report, Taipei, May 1998 at 6.
18. These are quite extensive, but those specifically dealing with nationality include: 1906 Convention on the Status of Naturalized Citizens (Rio de Janeiro); 1930 Hague Convention on Certain Questions relating to t he Conflict of Nationality Laws; Protocol relating to Military Obligations in Certain Cases of Double Nationality; Special Protocol relating to Statelessness; 1933 Montevideo Convention on Nationality and Montevideo Convention on Nationality of Women; 1954 Convention relating to the Status of Stateless Persons; Convention on Nationality between the members of the Arab League; 1957 Con vention on the Nationality of Married Women; 1963 European Convention on Reduction of Cases of Multiple Nationality and Military Obligations in Cases of Multiple Nationality; 1973 Convention for the Reduction of the Number of Cases of Statelessness; 1977 P rotocol to the European Convention on Reduction of Cases of Multiple Nationality and Military Obligations in Cases of Multipl e Nationality and Additional Protocol to the European Convention on Reduction of Cases of Multiple Nationality and Military Obligations in Cases of Multiple Nationality as cited in Bar -Yaacov N, Dual Nationality , Stevens, London, 1961 and Weis P, Nationality and Statelessness in International Law , 2nd ed, Hyperion, Westport CT, 1979. See also 1997 European Convention on Nationality.
19. Referred here as legitimate children
20. Referred here as illegitimate children
21. This type of nationality exists where a new born ch ild found in the member state of the region will be presumed to have been born in the said country and automatically acquires the n ationality of the said state with all the rights and treatment as a citizen of the said state.
22. Law No-1968-LF-3, section 6
23. Law No-1968-LF-3, Section 7a
24. Law No-1968-LF-3, Section 7b
25. Law No-1968-LF-3, Section 9
26. This is similar to the Cameroonian Law on Nationality, (Law No 68/LF/3 of 11 th June 1968 otherwise known as the Nationality Code) which is in its Section 17 provide that a person can acquire the Cameroonian Nationality through marriage and such nationality may be expressly demanded by the foreign wo man at the time the marriage is being celebrated.
27. Ibid, Section 36.
28. In the law regarding domicile, a legitimate child domic ile is that of the father, an illegitimate that of the mother and a founding the domicile of the country in which he or she was found.
29. Usually for a consecutive period of five years
30. Law No-1968-LF-3, Section 25
31. Law No-1968-LF-3, Section 31(a)
32. Law No-1968-LF-3, Section 32 and 36
33. Law No-1968-LF-3, Section 31(b)
34. Law No-1968-LF-3, Section 34
35. Bauböck et al. The Concept of Dual Nationality under International Law 6th Edition, 2006, P.34.
36. The preamble of law no 96/06 of 18 th January 1996 stipulating or making provisions of some fundamental human rights in which the right to vote is an inalienable one when it comes to the political situation o f the country, which gives every Cameroonian citizen that right to choose the leaders of their country.
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41. DilipRatha & ZhimeiXu, “Migration and Remittances Fact book,” Migration and Remittances Team, Development Prospects Group, World Bank. Assessed in May 2014 Cite this Article Nana Charles Nguindip . The Phenomenon of Multiple Nat ionality and Its Implications under Cameroonian Law . 2018; 1(1): 1–12p.
