Most of the people in the world have nationality. But, some have no nationality. For example, the people who have born at Geneva Camp in Dhaka, they have no nationality of Bangladesh. Their parents are Pakistani. In 1971, when we won a great war against Pakistan, some Pakistani was unable to go back their home. So, they stay here. But, they have not enough security and no land for live because they were Pakistani. So, UN creates a camp called “Geneva Camp” for them. After that, Pakistani government would not like to take them home. As a result there are lots of non-Pakistani and non-Bangladeshi Child was born. They have no identity, no nationality although they born in Bangladesh.
There is no universal definition of Nationality. We have some famous writer, lawyer, judgment to define the Nationality.
Hyde says, “Nationality refers to the relationship between a State and individual which is such that formers may with reason regard latter as owing allegiance to itself.”
Fenwick defines “Nationality, as the bound which unites a person to a given state which constitutes his membership in the particular state and which subjects him to the obligation created by the laws of the State.”
In the famous case of Re Lynch, the British Mexican claims commission defined the term ‘Nationality’ in the following words: “A man’s nationality forms a continuing State of things and not a physical fact which occurs at the particular moment. A man’s nationality is a continuing legal relationship between sovereign States on the one hand citizen on the other. The fundamental basis of man’s nationality is membership of an Independent Political Community. This relationship involves rights and corresponding duties upon both on the part of citizen no less than on the part of the State.”
Modes of acquisition of nationality:
There are some modes of acquisition of nationality. There are –
1) By Birth:
A person acquires nationality of a State where he is born. He also acquires the nationality of his parents at the times of his birth.
2) By Naturalization:
Nationality may be acquires by naturalization. When a person live in foreign State acquires the citizenship of that Sate then it said to be acquired nationality though naturalization. In Nottebothm (I.C.J. Rec 1955 p-4) case the International Court of Justice decided that in respect of grant of nationality there is no obligation the States if that man has no relationship with State of naturalization.
3) By Resumption:
Sometimes a person may lose his nationality because of certain reasons; he may resume his nationality after fulfilling certain conditions.
4) By subjugation:
When a State is defeated or conquered than all the citizens acquires the nationality of the conquering State.
When a State has been ceded in another State, than the people of the territory which has been ceded acquire the nationality of the State in which their territory has been merged.
Loss of Nationality:
There are also some reasons of loss of nationality. They are as follows:-
1) By Release:
In some States, law provides the citizens may loss the nationality by release.
In certain States, law provides that if the nationals of the State without seeking prior permission of government obtain employment in another State, then he may be deprived of his nationality.
3) Long Residence Abroad:
Yet another mode of loss of nationality is the long residence abroad. Thus, if a person resides for a long period abroad then his nationality ends.
4) By Renunciation:
A person may also renounce his nationality. The need for renunciation arises when a person acquires nationality of more than one State.
Some States provides substitutions of nationality. According to this principle a person may get nationality of a State in place of nationality of another State.
Md. Shahnewaz Zwaki Advocate The Supreme Court of Bangladesh (High Court Division).