美國和古巴上月恢復外交關係;本星期古巴釋放了一批政治犯。就像當年中美恢復正常關係帶來一個新的中國一樣,一個新的古巴也許從2015年開始了。
古巴國籍法律的現狀是,不允許雙重國籍,剝奪持雙重國籍的本國國民的出生國籍。
而且,這種剝奪是直接通過國家法律來宣示的。
對於雙重國籍,古巴憲法是這樣寫的: “古巴不承認雙重國籍。所以,當一個人取得外國籍,其失去古巴國籍”(“Dual citizenship is not
recognized. Therefore, when a foreign citizenship is acquired, the Cuban one
will be lost.”)
對本國國民的出生國籍的尊重,和法律上對出生國籍的保護,是一個文明社會的最基本的標誌。正因為如此,聯合國《世界人權宣言》明確宣示:“不得任意剝奪一個人的國籍”。在中國幾個“傳統盟友”中,俄羅斯和越南等國家都已經先後改變國籍法律和國籍政策為不剝奪一個人的出生國籍,從而在不承認雙重國籍的同時允許雙重國籍。拭目以待古巴的雙重國籍法律和政策的變化。
古巴用法律剝奪剝奪持雙重國籍的本國國民的出生國籍的現狀,可以成為一面鏡子,藉以比較中國大陸的不剝奪出生國籍的國籍法律,藉以比較和中國國籍法律相背離的由中國國務院僑辦主導的剝奪出國人民的出生國籍的國籍政策。
(未完)
古巴憲法英文原文摘錄:
CITIZENSHIP
CHAPTER II CITIZENSHIP
ARTICLE
28
Cuban citizenship is acquired by birth or through naturalization.
ARTICLE 29
Cuban citizens by birth are:
-
those born in national
territory, with the exception of the children of foreign persons at the
service of their government or international organizations. In the case of
the children of temporary foreign residents in the country, the law
stipulates the requisites and formalities;
-
those born abroad, one
of whose parents at least is Cuban and on an official mission;
-
those born abroad, one
of whose parents at least is Cuban, who have complied with the formalities
stipulated by law;
-
those born outside
national territory, one of whose parents at least is Cuban and who lost
their Cuban citizenship provide they apply for said citizenship according
to the procedures stated by law;
-
foreigners who, by
virtue of their exceptional merits won in the struggles for Cubans
liberation, were considered Cuban citizens by birth.
ARTICLE
30
Cuban citizens by naturalization are:
-
those foreigners who
acquire Cuban citizenship in accordance with the regulations established
by law;
-
those who contributed to
the armed struggle against the tyranny overthrown on January 1, 1959,
provided they show proof of this in the legally established form;
-
those who having been
arbitrarily deprived of their citizenship of origin, obtain Cuban
citizenship by virtue of an express agreement of the Council of State.
ARTICLE 31
Neither marriage nor its dissolution affect the citizenship status of either of
the spouses or their children.
ARTICLE 32
Cubans may not be deprived of their citizenship save for established legal
causes. Neither may they be deprived of the right to change citizenship.
Dual citizenship is not recognized. Therefore, when a foreign citizenship is
acquired, the Cuban one will be lost.
Formalization of the loss of citizenship and the authorities empowered to
decide on this is prescribed by law.
ARTICLE 33
Cuban citizenship may be regained in those cases and ways specified by law.
(http://www.helplinelaw.com/law/cuba/constitution/constitution03.php)