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Cultural Variations and Social Differences (Nationality)

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Cultural Variations and Social Differences (Nationality)

INTRODUCTION: THE UNDERSTANDING OF CULTURE, SOCIETY, AND POLITICS

Objectives
At the end of this lesson, you should be able to:

 define nationality as a concept in cultural variation and social differences;


 explain the different concepts regarding nationality; and
 discuss the issues regarding nationality and statelessness.
 What is nationality and how is it related to nation and citizenship?
 What does the Philippine law say about Filipino nationality?
 How does the United Nations Organization resolve the issues regarding right to
have nationality?
 What is statelessness? What happens to a stateless person?

Nation, Nationality, and Citizenship


The line of distinction between the terms "nation" and "nationality" is quite thin. Most of
the time, "nationality" and "citizenship" are used interchangeably. However, it is
important to note that these words do not mean the same and pertain to different
concepts. They differ in many aspects.

Nation

 a large aggregate of people united by common descent, history, culture, language, and
economic life inhabiting a particular country or territory

Example:

The United Kingdom is a country inhabited mainly by people of four nations: English,
Irish, Scott, and Welsh.

Whereas the term nation emphasizes a particular group of


people, country emphasizes the physical dimensions and boundaries of a geographical
area, while state is a self-governing legal and political entity.
Nationality
 a person’s instinctive membership to a specific nation or country
 can be acquired by an individual from the country where he/she was born (jus
soli)
 can be acquired by an individual through his/her parents (jus sanguinis)
 An individual is national of a particular country by birth. Nationality is
acquired through inheritance from his or her parents.
 People with the same nationality often share the same language, culture,
territory, and in some cases, ancestry. They share the same rights and are
protected by the same laws.
Citizenship
 a person’s legal and political status in a city or state, which means that an
individual has been registered with the government in some country
 An individual becomes a citizen of a country only when he is accepted into
that country’s political framework through legal terms.
Examples:

 An individual born in the Philippines has a Filipino nationality. Chances are, he


may have a Brazilian or Colombian citizenship once he has registered with that
country.
 People of the European Union (maybe French, Germans, English, and others)
may have European Union citizenship, but that person’s nationality does not
change.
 No one will be able to change his nationality, but one can have different
citizenships.

Filipino Nationality
 The Philippine nationality law is based on the principles of jus sanguinis or
"right of blood." Therefore, anyone with a parent who is a citizen or national of
the Republic of the Philippines can acquire Philippine citizenship. This is the
primary method of acquiring citizenship.
 For those born in the Philippines to non-Filipino parents, the Administrative
Naturalization Law of 2000 (R.A. 9139) provides a trail for administrative
naturalization for those who qualify.
Issues Regarding Nationality and Statelessness
What are some issues concerning nationality and statelessness?

Right to a Nationality

 Every person has a right to a nationality.


 The right to a nationality is a fundamental human right. It is an individual’s right to
acquire, change, or retain his or her nationality. Thus, a country’s law cannot deprive a
person the right to gain a nationality, in case he or she loses it.

Statelessness

 People who does not have a nationality of any country are considered as stateless
people.
 According to Article 1 of the 1954 Convention relating to the Status of
Stateless Persons of the United Nations High Commissioner for Refugees
(UNHCR), "a stateless person is someone who is not considered as a national by
any State under the operation of its law."
 Most stateless people are considered "refugees" while others lose their
nationality due to war, conflict, or if their country is annexed by another country
and loses its sovereignty.

Case Study: Statelessness in Sabah


Most Filipinos living in Sabah, Malaysia are considered "stateless." Thus, they are not
recognized as people with a nationality; they don't belong to any country or nation.

Since Sabah is a contested territory between Malaysia and the Philippines, the people
in Sabah experience problems in securing their nationality. Filipinos from nearby Sulu
and Tawi-tawi, even those who were born in Sabah, were not recognized by the
Malaysian government as Malaysians. Worse, they are also denied of their Filipino
nationality since they are not properly registered in the Philippines. As a result, they do
not enjoy the rights and privileges that citizens of both countries enjoy.

This concern is also true in areas and territories under war and conflict.

The United Nations High Commissioner for Refugees (UNHCR) handles all issues
regarding refugees and stateless people. The role of UNHCR is to identify stateless
people and protect their rights, as well as to prevent statelessness from happening all
over the world. They also aid stateless people in acquiring new citizenship in other
countries.

Explore!
Do some research on the number of stateless people in the world, and list the reasons
why they are considered stateless. How do you think can other countries, like the
Philippines, help them in their plight?

Try it!
Look for a foreigner living in the Philippines, or a Filipino residing in another country.
Ask them the same question: Do you want to be a Filipino citizen? Why or why not? You
can use social media to look for respondents.

What do you think?


Why do you think a lot of Filipinos immigrate to other countries and give up their Filipino
citizenship?

Key Points
 Nationality is the person’s automatic membership to a specific nation while
citizenship is a person’s political status in a city or state.
 No one will be able to change his nationality, but one can have different
citizenship.
 Every person has a right to a nationality because it is a fundamental human
right.
 Statelessness is not having a nationality of any country.
 The role of the UNHCR is to identify stateless people and protect their rights,
prevent statelessness from happening all over the world and aid them in
acquiring new citizenship in other countries.

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