Friday, February fourteenth, the UN says at least 22 people have been killed in a village in the Northwest region of Cameroon. Over half of those killed were children. No one has claimed responsibility for Friday’s incident but the opposition parties blame the killing on the government.
Migrants: what is the nationality of a child born at sea?
- Get link
- Other Apps
On May 25, the Aquarius, a boat belonging to the association "SOS Méditerranée", returned from its tenth rescue operation: the lives of 388 migrants were saved.
But in the late afternoon, there was some surprising news
aboard the old German coast-guard vessel: the stork had visited the ship – a
little boy had just been born. His name: Alex Destiné, given in honor of the
captain of the Aquarius, Alex Moroz.
The birth of little Alex Destiné raises a question under
international law.
While his mother was giving birth, the boat was heading towards the Italian
coast, en route to Cagliari, Sardinia. On land, the people rescued by the crew
of the Aquarius will be helped by the Italian Red Cross. But at the time of his
birth, it is not clear if the ship was sailing in international waters or had
already entered Italian territorial waters.
Two international treaties relate to the case of Alex
Destiné: the Convention on
the reduction of statelessness and the UN Convention on
the Law of the Sea
The first text, signed in 1961 and entering into force in 1975, states in its third article that:
Notwithstanding the provisions of paragraphs 1 (b) and 2 of this Article, a
child born in wedlock in the territory of a Contracting State, whose mother has
the nationality of that State, shall acquire at birth that nationality if it
otherwise would be stateless. The first text, signed in 1961 and entering into force in 1975, states in its third article that:
Moreover the Convention on the Law of the Sea states:
Article 91 paragraph 1: Every State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship.
Article 94 paragraph 1:Every State
shall effectively exercise its jurisdiction and control in administrative,
technical and social matters over ships flying its flag
But, as often is the case, these treaties are not
ratified by all States, including the United States concerning Convention for
the Law of the Sea.
And from an international perspective, a vessel comes
under the nationality of the flag it flies; if a child is born in international
waters and the country of the vessel’s flag recognizes the principle of ‘jus
soli’ (the right of anyone born in the territory of a state to nationality or
citizenship), the child should have the nationality of that country.
In cases
where the child is born in the territorial waters of a country, the child will
have the nationality of that country. In both cases, the child also will
inherit the nationality of their parents, especially in the case of countries
that recognize the right of blood (jus sanguinis).
http://twitter.com/SOSMedFrance/status/735748213043400704/photo/1
For Alex whose parents are Cameroonians, he automatically
inherits the nationality of his parents, according to the code of
Cameroonian nationality
(Article 6: East Cameroon: legitimate child born of Cameroonian parents).
Then comes the two cases:(Article 6: East Cameroon: legitimate child born of Cameroonian parents).
• If the child was born in Italian territorial waters, the child acquires Italian citizenship because Rome recognizes the right of the soil (jus soli).
• If the child was born in international waters, the flag of the vessel is taken into account, in this case Aquarius, flying the flag of Gibraltar, a British territory overseas territories. Although special status governs the status of the territory, citizens of Gibraltar can register for British citizenship. Also, citizens of Gibraltar are recognised as “UK nationals” by the European Union. Final point: the United Kingdom is one of the five signatories to the Convention on the Reduction of Statelessness.
Popular posts from this blog
Entrance design of "Church Of Luminants" in USA
UN says at least 22 people including children killed in Cameroon's English-speaking region
Cameroonian scammer arrested in Montreal (canada
The Sûreté du Québec announced Wednesday the arrest of an alleged fraudster specialist of a scenario called "Black money scam", in which victims are invited to participate in the cleaning of soiled banknotes, then are robbed during the operation. Cyrille Ngogang, 49 years old, was caught red-handed in downtown Montreal Tuesday afternoon. He appeared in court this morning to be charged with fraud and breach of commitment. The man is not in his first trouble with the law: he was previously arrested by the SQ on 19 January for charges related to the same scheme, and had been able to resume its freedom under strict conditions pending his trial. There are several variants of the 'Black money' scenario, but all involve a so-called batch of cash that has been stained with a dye or colouring substance. Scammers ask their victim to provide money to clean the hoard.
Comments
Post a Comment