BY EDWARD THEOPHILUS

 Citizenship by descent is considered the clear cut-right of a person and it is a universal human right. Any person born to this world he/ she /bisexual has right to live in the world and nobody can deny this right. This is not written in the list of human rights in United Nations. Many countries recognize that citizenship by descent is a concrete right of people.  However, in Sri Lanka citizenship right by descent undermines and if such a person migrated to another country that descendent citizenship of such a person will be cancelled. Is this an accurate practice in Sri Lanka?

Concerning with citizenship, Sri Lanka had encountered various problems dealing with the imported labour for plantation industry. The problem was settled offering citizenship to all imported labour, however, the nature of the citizenship given to imported labour was citizenship by registration, but not descent.

The Citizenship Act No 18 of 1948 describes citizenship as Citizenship by Descent and citizenship by Registration. The imported labour was not given citizenship by registration as the concept of citizenship by descent is described in the Ceylon Citizenship Act No 18 of 1948.

4(1) (1) Subject to the other provisions of this part, a person born in Ceylon before the appointed date shall have the status of a citizen of Ceylon, by descent, if

• his father was born in Ceylon, or     
• his paternal grandfather and paternal grandfather were born in Ceylon.

(2) Subject to the provisions of this part a person born outside Ceylon before the appointed date shall have the status of a citizenship of Ceylon by descent, if

(a)  his father and paternal grand father were born in Ceylon, or

(b) his paternal great grand fathers were born in Ceylon   

Citizenship by descent is broadly defined and described in the act and it clear that citizenship by descent is a strong position that could not be cancelled by any action and it is a human right.

Despite this constitutional situation, it seems that the practice of Sri Lanka’s government is to cancel the citizenship by descent when a Sri Lankan gets citizenship in other country and if such a person wants regaining the citizenship (Dual Citizenship) the person has to pay a large sum of money in foreign currency.

It seems that the practice of Sri Lanka’s government is contrary to the universal human right. Why couldn’t the government abolish this malpractice?