Tongan citizenship, Minister's reply [1]
Tuesday, September 14, 2004 - 12:30. Updated on Thursday, May 1, 2014 - 21:05.
From the House, Letter 7th September 2004.
The following is a translation of a reply from the Minister for Foreign Affairs, Hon. Sonatane Tupou to a question by the Vava'u No. 1 People's Representative, Trevor Guttenbeil about the issue of Dual Citizenship for Tongans. The Minister talks about Tongan Citizenship.
"Tangata'eiki,
In 2002 the Tongan Parliament approved a petition requesting to make it possible for Overseas Tongans to hold dual citizenship because of their financial contribution to the development of the country.
The question is, what is the government policy on the issue?
Government has studied Petition No. 11 of 2002, and hereby clarify points that were raised in the petition.
1. A Tongan who becomes a citizen of a country with friendly relations with Tonga remains a Tongan citizen.
It is estimated that about 100,000 Tongans live overseas. It is therefore very essential to carefully look at the impact of a proposed amendment to the citizenship Act, on the Land Act and on social and economic life of the society.
At the same time, because the petition was based on a concern over what happens when they became citizens of other countries, it is clear that there is a great misunderstanding of the interpretation of the Citizenship Act, even with regards to a Tongan who wants to reapply to become a Tongan citizen. There will be a special public program to clarify the interpretation of the Citizen Act.
2. With regards to children of Tongans who were born overseas, are they eligible to become Tongan citizens?
Under the existing Citizenship Act there are two ways that Tongan children who were born overseas can become Tongan citizens.
(1) If the person who became the citizen of a foreign country, reapplies and becomes a Tongan citizen (read the end of clause 6 of the Citizenship Act, which says . . if a person reapplies to become a Tongan citizen, he may become a Tongan citizen again from the day his citizenship changes, but he will have no say on any decisions that have been made. . . ."
(2) If they were born overseas but their father is Tongan. It is clear under Clause 2 of the Citizenship Act on those who are eligible to become Tongan citizens.
These are the people who may be regarded as Tongan citizens:
(a) Some one who was born in Tonga with a Tongan father;
(b) Some one who was born overseas with a Tongan father who was born in Tonga;
(c) An illegitimate child of a Tongan woman who was born in Tonga;
(d) A foreign woman who marries a Tongan, but within 12 months of their marriage she must (1) write to the Minister for Foreign Affairs and apply for a Tongan citizenship, (2) for her to take the oath as it is stated in the law;
(e) Any one who becomes a Tongan citizen under this act.
3. For our foreign spouses to become honorary Tongan citizens.
The issue of Honorary citizenship is not mentioned in the Citizenship Act at all. We also do not know of any country that offers this category of citizenship. However, a foreign wife may apply for a Tongan citizenship under clause 2 (d) of the Citizenship Act.
4. Can our children with Tongan fathers or Tongan mothers become Tongan citizens.
- Please read answers 1 to 3 above.
It is very important for this issue to be clarified and a committee has been established to look into it.
The government has approved the launching of a program to clarify the Tonga Citizen Act, and to look into issues with regards to land ownership and its social and economical implication. Once this is ready it will be tabled into the House for their deliberation.
With respect
Sonatane Tu'akinamolahi Taumoepeau Tupou
Minister for Foreign Affairs