美国和古巴上月恢复外交关系;本星期古巴释放了一批政治犯。就像当年中美恢复正常关系带来一个新的中国一样,一个新的古巴也许从2015年开始了。
古巴国籍法律的现状是,不允许双重国籍,剥夺持双重国籍的本国国民的出生国籍。
而且,这种剥夺是直接通过国家法律来宣示的。
对于双重国籍,古巴宪法是这样写的: “古巴不承认双重国籍。所以,当一个人取得外国籍,其失去古巴国籍”(“Dual citizenship is not
recognized. Therefore, when a foreign citizenship is acquired, the Cuban one
will be lost.”)
对本国国民的出生国籍的尊重,和法律上对出生国籍的保护,是一个文明社会的最基本的标志。正因为如此,联合国《世界人权宣言》明确宣示:“不得任意剥夺一个人的国籍”。在中国几个“传统盟友”中,俄罗斯和越南等国家都已经先后改变国籍法律和国籍政策为不剥夺一个人的出生国籍,从而在不承认双重国籍的同时允许双重国籍。拭目以待古巴的双重国籍法律和政策的变化。
古巴用法律剥夺持双重国籍者的本国国民的出生国籍的现状,可以成为一面镜子,借以比较中国大陆的不剥夺出生国籍的国籍法律,借以比较和中国国籍法律相背离的由中国国务院侨办主导的剥夺出国人民的出生国籍的国籍政策。
(未完)
古巴宪法英文原文摘录:
CITIZENSHIP
CHAPTER II CITIZENSHIP
ARTICLE
28
Cuban citizenship is acquired by birth or through naturalization.
ARTICLE 29
Cuban citizens by birth are:
-
those born in national
territory, with the exception of the children of foreign persons at the
service of their government or international organizations. In the case of
the children of temporary foreign residents in the country, the law
stipulates the requisites and formalities;
-
those born abroad, one
of whose parents at least is Cuban and on an official mission;
-
those born abroad, one
of whose parents at least is Cuban, who have complied with the formalities
stipulated by law;
-
those born outside
national territory, one of whose parents at least is Cuban and who lost
their Cuban citizenship provide they apply for said citizenship according
to the procedures stated by law;
-
foreigners who, by
virtue of their exceptional merits won in the struggles for Cubans
liberation, were considered Cuban citizens by birth.
ARTICLE
30
Cuban citizens by naturalization are:
-
those foreigners who
acquire Cuban citizenship in accordance with the regulations established
by law;
-
those who contributed to
the armed struggle against the tyranny overthrown on January 1, 1959,
provided they show proof of this in the legally established form;
-
those who having been
arbitrarily deprived of their citizenship of origin, obtain Cuban
citizenship by virtue of an express agreement of the Council of State.
ARTICLE 31
Neither marriage nor its dissolution affect the citizenship status of either of
the spouses or their children.
ARTICLE 32
Cubans may not be deprived of their citizenship save for established legal
causes. Neither may they be deprived of the right to change citizenship.
Dual citizenship is not recognized. Therefore, when a foreign citizenship is
acquired, the Cuban one will be lost.
Formalization of the loss of citizenship and the authorities empowered to
decide on this is prescribed by law.
ARTICLE 33
Cuban citizenship may be regained in those cases and ways specified by law.
(http://www.helplinelaw.com/law/cuba/constitution/constitution03.php)
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