Revised Impact of Altered Nationality Act on Problem Resolution expected to be Minimal
Yo, Buddy! Let's chat about the Nationality Law debate in Angola.
Jorge Bacelar Gouveia, a constitutionalist, thinks a potential change in the Nationality Law might not significantly affect the so-called uncontrolled immigration issue. In his opinion, stripping someone of their nationality should only occur for "serious crimes."
André Ventura, from the Chega party, announced a commission of inquiry into the granting of nationality and residence last Friday. The government also plans to present a proposal to amend the Nationality Law.
Bacelar views the Chega bill as not being unconditional to a certain extent.
When asked about the constitutionality of stripping an immigrant of their nationality for committing a crime, Bacelar states that it's not unconstitutional, as long as several requirements are met.
At this moment, loss of nationality due to committing crimes is not provided for in the Nationality Law. "The idea is that this measure should be adopted," he adds.
Bacelar stresses that this measure should apply when the crimes committed are "very serious."
He proposes "loss of nationality as a subsidiary measure," but only after the prison sentence has been served.
To ensure the proposed amendment is not unconstitutional, the Executive led by Luís Montenegro should keep a few things in mind:
- Respect constitutional guarantees related to nationality: The amendment must protect the right to nationality and avoid arbitrary deprivation of citizenship.
- Avoid violating the right to a fair trial and proportionality in punishment: Ensuring that loss of nationality is not arbitrary or discriminatory.
- Review constitutional provisions that regulate nationality: The amendment should align with these provisions.
- Prevent statelessness: By applying loss of nationality only to dual nationals or providing alternative nationality options.
- Guarantee due process rights: The process for loss of nationality should include the right to be heard, legal representation, and an appeal mechanism.
- Consider the constitutional amendment procedures: Ensuring the amendment follows the proper legislative process.
- Align with international legal commitments: The amendment should not conflict with any international treaties or conventions concerning human rights and statelessness.
These requirements should help prevent the amendment from being challenged as unconstitutional. Following these principles will promote a fair and constitutional solution to the uncontrolled immigration issue in Angola.
Andre Ventura's announcement of a commission of inquiry into the granting of nationality and residence aligns with the ongoing debate on the Nationality Law in Angola. As Jorge Bacelar Gouveia suggests, any amendment to the law should respect constitutional guarantees related to nationality, avoid violating the right to a fair trial and proportionality in punishment, review constitutional provisions that regulate nationality, prevent statelessness, guarantee due process rights, consider the constitutional amendment procedures, and align with international legal commitments. This approach could potentially address the so-called uncontrolled immigration issue in a fair and constitutional manner within the realm of policy-and-legislation and politics, making it a topic of general-news interest.
