Full resolution (JPEG) - On this page / på denna sida - Chapter VI. Nationality. A plea for Reform. Paper read at a Committee on Nationality appointed by the International Law Association at 2 King's Bench Walk, Temple, London on February 24th 1922
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42
settlers of Russian and German racial origin, who years before the
war, had bought small peasant estates in Latvia and acquired a
domicile in that country. Finally, those accused of sympathy whit the first
conservative Cabinet of Needra or with complicity in the war-like
operations if Colonel Bermont-Avaloff have likewise been denied
permission to return to Latvia, although they may have been actually born
on Latvian territory.’") , "... ? ; IffiM
Altogether the Latvian law of nationality is by no means in
keeping with the rights of minorities granted in the Minorities’ Treaties
and with the general principle of jus soli and jus sanguinis. It
precludes a great number of persons who undoubtedly have a right to
consider themselves Latvian citizens, although they belong to the racial
minorities of Latvia. The term of twenty years and forty years
residence in Latvia prior to 1881, which is demanded before citizenship
can be granted, are so many pit-falls for those who find it difficult to
procure, documentary proof relating to their movements in past periods
of time. According to International lawr, when ceding a portion of
territory to another State, a certain limit of time is given to the
population of that district in which to elect to continue their previous
nationality. After the lapse of such period of time they become, ipso facto,
citizens of the state which had acquired their territory. This
principle was observed, for instance, in the peace treaty of Frankfurt,
10th May, 1871, in the German-English Agreement concerning
Heligoland on June 1st, 1890, and the Spanish-American treaty on Cuba on
November 18th, 1898. It was-therefore, the general rule that the people
adopted the nationality of the new State which had acquired their
territory whilst opting and the option for another nationality was the
exception. The same principle is also maintained in all treaties, there
being a difference only in time limit allowed for the exercise of the
option. The peace treaty of Versailles is no exception to this rule.
Latvia has adopted the opposite procedure by recognising only a
certain part of the population, viz., the Letts, as citizens in all cases
racial minorities being placed on. a different footing: they had to
petition within six months for admission to Lettish citizenship. The
difference is obvious, instead of a right, permission for a petition is
given, which might be refused or accepted by the Lettish authorities —
and as a matter of fact, these petitions were often rejected or simply
ignored — a .flagrant breach of international law. It is therefore fully
comprehensible why the racial minorities in the Baltic states demand
that the question of their nationality should be settled on the same
lines as in other countries, as in accordance with international law.
In certain states, desertion is another source of „no nationality".
According to the American Act of March 3rd, 1865, deserters from the
United States’ military or naval service „are deemed to have
voluntarily relinquished and forfeited their rights of citizenship." Here, as
in the case of banishment, the State rids itself of its own citizens,
although internationally, it has no right to do so.
The number of persons belonging to no country is also swelled by
those who have been denaturalised in accordance with the British
♦) See Chapter I. . ; , } IlL SKI M
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