The declaration of alienage, by which the persons expresses their desire to abandon their nationality, was recognized in the 1925 Citizenship Order in two instances.761
The first relates to children who became Palestinians as a result of the naturalization of their parents. After recognizing the rule that a minor child would acquire Palestinian nationality following the naturalization of his parents, Article 9(1) of the Citizenship Order provided that “any such child may, within twelve months after attaining his majority, make a declaration of alienage and shall
760 See Jones, British Nationality Law and Practice, op. cit., pp. 188-189. On the resumption of nationality in Britain, with a special reference to married woman, see Piggott, op. cit., pp. 159-164. 761
For procedures of the declaration, see Palestinian Citizenship Regulations of 1925, Article 5 and Annex 1, Form 3 attached thereof. This form relates to the first case the declaration only. No form is provided in the Regulations for the second case.
thereupon cease to be a Palestinian citizen”.762 The twelve-month period “cannot be extended”.763 Otherwise, the person would have become a dual national.
The second case of the declaration of alienage concerned citizens who were born as Palestinians and had acquired foreign nationality upon their birth or during their minority age for any reason (other than the reason of the first case). Article 16 of the Order stipulates this rule as follows:
Any person who… has by birth become a Palestinian citizen but who at his birth or during his minority became under the law of any other State a national of that State and is still such a national may, if of full age and not under disability, make a declaration of alienage and on making such declaration shall cease to be a Palestinian citizen.764
The object of this rule was to enable persons who acquired foreign citizenship in addition to their Palestinian nationality at birth (e.g. due to the birth in a country where the principle jus soli prevailed) or while at a minority age (e.g. as a result of the naturalization of the parents abroad), to elect in favour of a foreign nationality. In order for the person to make the declaration of alienage, he had still to be in the possession of a foreign nationality as he would be otherwise become stateless.765
It is true that a citizen could always renounce his Palestinian nationality by acquiring another nationality abroad. But such a citizen could not be naturalized in the country in which he had already acquired its nationality by birth. For this reason, the declaration of alienage was added in order to give such persons the
762
The same rule is to be found in Article 5(1) of the British Nationality Act, 1914. 763
Jones, British Nationality Law and Practice, op. cit., p. 166.
764 This rule is inspired by Article 14 of the British Nationality Act, 1914. This British article is more detailed than Article 16 of the Citizenship Order of 1925. Article 14 gave the possibility to renounce nationality for persons who were born in Britain and acquired its nationality by birth although they may never have had any substantial connection with British territory (Jones, British
Nationality Law and Practice, op. cit., pp. 202-206). This was not the case in Palestine, in which jus sanguinis prevailed, whereby the mere fact of birth therein did not serve as a basis for nationality
acquisition.
choice to release themselves from Palestinian nationality.766 This choice would help such persons to maintain their foreign nationality in countries where dual nationality was strictly forbidden.
In both cases of the declaration of alienage, children of persons who made such a declaration also lost their Palestinian nationality, except if they became stateless (because, for example, the country of their father’s new nationality did not confer its nationality on the children of naturalized persons). Article 14(1) of the Citizenship Order advanced this rule as follows:
Where a person ceases to be a Palestinian citizen, whether by declaration of alienage or otherwise…, every child of that person being a minor shall thereupon cease to be a Palestinian citizen, if such child has already obtained or obtains, on its parent ceasing to be a Palestinian citizen, the nationality of some other country.767
Again, any child of such a person “may, within one year after attaining his majority, make a declaration that he wishes to resume the status of a Palestinian citizen, and shall thereupon become a Palestinian”.768
766 On the historical origin of the declaration of alienage in Britain, see Piggott, op. cit., pp. 146-147.
767 This paragraph added that “where a widow who is a Palestinian citizen marries an alien, any child of hers by her former [Palestinian] husband shall not, by reason only of her marriage, cease to be a Palestinian citizen, whether he is residing outside Palestine or not”. This provision covers the children of a Palestinian man in case of their father’s death and subsequent marriage of their mother with a foreigner, acquisition by her of his nationality and residing with him abroad. Her Palestinian children may acquire a foreign nationality following her if the law of the state of her naturalization naturalize her children as well. For details, see Jones, British Nationality Law and Practice, op. cit., pp. 100, 189-194.
768
Palestinian Citizenship Order of 1925, Article 14(2). This article is the counterpart of Article 12 of the British Nationality Act, 1914. On the procedural aspects of such a declaration, see Palestinian Citizenship Regulations of 1925, Article 9 and Annex 1, Form 6 attached thereof.