The Faciliteitenwet (English: Facilities Act), also known as the "Act on the Position of Moluccans", regulates the position of Moluccans living in the Netherlands who do not hold Dutch nationality. [1]
In 1951, more than 4,000 Moluccans from the KNIL came to the Netherlands on the basis of a military order. Together with their families, they were housed in residential locations throughout the Netherlands. In total around 12,500 people. The KNIL was abolished in 1950 and the soldiers were demobilized shortly after arrival in the Netherlands. It was in the Dutch government's best interest to have the Moluccans return to the Moluccas as quickly as possible. When it turned out that no return was possible in the long term, it took decades for the Moluccans to gain a clear legal position in the Netherlands.
Upon arrival, all Moluccans were granted 'foreign status' because they rejected Dutch nationality and insisted on a return to the independent Republic of the South Moluccas. As a result of the Indonesian Nationality Act of 1958. [2] most Moluccans in the Netherlands lost Indonesian citizenship and became stateless. In the 1970s, the number of Moluccans in the Netherlands had grown to 30,000 persons. Most of them still believed in an independent Moluccan Republic, and did not wish to obtain Dutch citizenship. After the 1975 Dutch train hostage crisis and other violent actions, the Dutch government decided to improve the situation of the Moluccans. It offered the Moluccans (almost) equal rights to Dutch citizens, without making them Dutch citizens. the Dutch government met the Moluccans in 1976 with a special law (the so-called Wet betreffende de positie van Molukkers) to equate the legal position of Moluccans residing in the Netherlands with Dutch citizens. Moluccans who fall under this law have no right to participate in elections, national and European. The third generation of Moluccans should get Dutch nationality by law. [3]
The Moluccans, who were staying in the Netherlands, only received a facility passport. The words: 'Dutch nationality' was crossed out and it was specifically indicated that those involved were treated as Dutch nationals. Due to many problems with traveling abroad, it was decided in 1991 to also offer the possibility of applying for a Dutch passport with the mention of Dutch nationality. Unlike the mention of Dutch nationality in the Dutch travel document, the persons involved do not actually have Dutch nationality but are legally stateless. [4] [5] Today only a small number of Moluccan inhabitants of the Netherlands still have this status, probably less than 1000 persons.
Nationality is the status of belonging to a particular nation, defined as a group of people organized in one country, under one legal jurisdiction, or as a group of people who are united on the basis of culture.
Naturalization is the legal act or process by which a non-national of a country acquires the nationality of that country after birth. The definition of naturalization by the International Organization for Migration of the United Nations excludes citizenship that is automatically acquired or is acquired by declaration. Naturalization usually involves an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, some countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved.
Jus soli, meaning 'right of the soil', is the right of anyone born in the territory of a state to nationality or citizenship, also commonly referred to as birthright citizenship in some Anglophone countries, is a rule defining a person's nationality based on their birth in the territory of the country. Jus soli was part of the English common law, in contrast to jus sanguinis, which derives from the Roman law that influenced the civil-law systems of mainland Europe.
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This article concerns the history of British nationality law.
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Indonesian nationality law is regulated by the 1945 Constitution, as amended; various statutes on nationality, as revised over time; as well as international agreements to which Indonesia has been a signatory. These laws determine who is, or is eligible to be, a national of Indonesia. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Indonesian nationality is typically obtained either on the principle of Jus sanguinis, i.e. by birth abroad to at least one parent with Indonesian nationality; or under Restricted Jus soli, i.e. by birth in Indonesia. It can also be granted to a permanent resident who has lived in Indonesia for a given period of time through naturalization, as long as the parents are stateless, or unknown.
Indos are a Eurasian people of mixed Indonesian and European descent. The earliest evidence of Eurasian communities in the East Indies coincides with the arrival of Portuguese traders in the 16th century. Eurasian communities, often with distinct, specific names, also appeared following the arrival of Dutch (VOC) traders in the 17th and 18th century.
Multiple citizenship is a person's legal status in which a person is at the same time recognized by more than one country under its nationality and citizenship law as a national or citizen of that country. There is no international convention that determines the nationality or citizenship status of a person, which is consequently determined exclusively under national laws, that often conflict with each other, thus allowing for multiple citizenship situations to arise.
The Moluccan diaspora refers to overseas Indonesians of Moluccan birth or descent living outside Indonesia. The most significant Moluccan diaspora community lives in the Netherlands, where it numbers c. 70,000 people as of 2018.
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