Nationality and citizenship in the Republic of Nauru

Nauru

Nauru , officially the Republic of Nauru and formerly known as Pleasant Island, is an island country in Micronesia in the South Pacific. Its nearest neighbour is Banaba Island in Kiribati, to the east. Nauru is the world's smallest republic, covering just...

are currently defined and regulated by the Constitution of Nauru and the Nauruan Community Ordinance 1956-1962. Dual citizenship is permitted.

Obtaining citizenship

Part VIII of the Constitution pertains to citizenship, and defined who was to become a citizen of Nauru upon the country's accession to independence in 1968. Article 71 refers to the Nauruan Community Ordinance 1956-1962. Any person who is

"included in one of the classes of persons who constituted the Nauruan Community within the meaning of the Nauruan Community Ordinance 1956-1966 of Nauru is a Nauruan citizen."

Section 4 of the Ordinance in question establishes legal belonging to the "Nauruan community". Nauruans under this law include

• "aboriginal natives of the Island of Nauru
  Nauruan people
  The indigenous peoples of Nauru are an ethnicity, which inhabit the Pacific island of Nauru. They are most likely a blend of other Pacific peoples....
  
   by virtue of the institutions, customs and usages of the aboriginal natives of the Island of Nauru"
• non-Nauruan Pacific Islander
  Pacific Islander
  Pacific Islander , is a geographic term to describe the indigenous inhabitants of any of the three major sub-regions of Oceania: Polynesia, Melanesia and Micronesia.According to the Encyclopædia Britannica, these three regions, together with their islands consist of:Polynesia:...
  
  s who are married to a Nauruan, and who thereby are deemed to become Nauruan
• non-Nauruan Pacific Islanders who have settled in Nauru, provided that they adhere to certain criteria, such as adopting a Nauruan way of life (cf. section 5.c.)
• any child born to two Nauruan parents within any of the definitions above, and any child born to a Nauruan who has married a Pacific Islander

The Constitution re-iterates the provisions of the Ordinance, and provides additional means of obtaining citizenship. These include:

• being born in Nauru and having no possibility of obtaining citizenship of any other country
• being a woman who marries a Nauruan citizen
• being granted citizenship by Parliament

The Constitution also establishes that the Parliament of Nauru

Parliament of Nauru

The Parliament of Nauru has 18 members, elected for a three year term in multi-seat constituencies. The President of Nauru is elected by the members of the Parliament.The members of the Parliament of Nauru are elected by a positional voting system....

 may "make provision for depriving a person of his [sic] Nauruan citizenship", except if that person obtained citizenship through the provisions of the 1956 Ordinance, and except if that person was born of two Nauruan parents or of a Nauruan parent married to a Pacific Islander. Parliament is also authorised by the Constitution to "make provision for the renunciation by a person of his Nauruan citizenship".

Attempted ban on dual citizenship for MPs, 2008

On 22 March 2008, the Speaker

Speaker (politics)

The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...

 of the Nauruan Parliament, David Adeang

David Adeang

David Waiau Adeang is a Nauruan politician, and a former Speaker of the Parliament of Nauru, and a former Foreign Minister of Nauru. He is a founding member of the Naoero Amo , currently the only successful political party on the island.-Background and Early career:David Adeang's father is Kennan...

, called a Parliamentary session, allegedly without informing government ministers, who therefore did not attend. Opposition MPs, Adeang included, constituted a majority of legislators present, and passed a ruling outlawing dual citizenship for Members of Parliament.

The ruling, if applied, would affect senior Cabinet ministers Dr. Kieren Keke

Kieren Keke

Kieren Aedogan Ankwong Keke is a Nauruan politician and medical doctor. He is currently the Minister of Foreign Affairs and has previously been speaker of the Nauruan Parliament.-Background:...

 and Frederick Pitcher

Frederick Pitcher

Frederick William "Freddie" Pitcher is a Nauruan political figure. In December 2007, Pitcher was appointed Finance Minister of Nauru, to serve in the Administration of President Marcus Stephen....

. Were they compelled to resign from Parliament, the Opposition would control a majority of seats in Parliament.

The government rejected the legitimacy of the ruling, stating that it was unconstitutional

Constitutionality

Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...

 because of the lack of parliamentary quorum

Quorum

A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...

. President Marcus Stephen

Marcus Stephen

Marcus Stephen was President of the Republic of Nauru from December 2007 to November 2011. In addition to the presidency, he held the offices of Minister for Home Affairs, Minister for the Nauru Phosphate Royalties Trust, Minister for Police, Prisons, & Emergency Services, and Minister for Public...

accused Adeang and the Opposition of passing the ruling "after dark on Easter Saturday", "under candelight".

In April, the Chief Justice of the Supreme Court ruled that the amendment to the citizenship law was unconstitutional, thus confirming that persons with dual nationality remain entitled to sit in Parliament.