Citizenship

What exactly you are intending to ask. Giving up country;s protection? What exactly is that?

Originally posted by : Suryasikha Ray
	Is giving up of a country's protection equivalent to giving up of citizenship?

Shouldn't it be the other way round? Like, in what cases would giving up of citizenship be equivalent to giving up of protection guaranteed under the law of a Country [insofar as some rights and remedies are available only to Citizens as against some which is available to all persons].  

[bored :( ].

EDIT:

Current constitution [of Syria] was a result of a constitutional referendum held in Syria on the 26th of February 2012 (Source: Constitution of Syria, WIkipedia).

Relevant Provisions (Source: English Translation of the Syrian Constitution Modifications15/02/2012 BY Qordoba Translation)

Article 12 of the Constitution of Syria states that Councils elected democratically at the national or local level are institutions through which citizens exercise their sovereignty and building of the State and community leadership.

I don't know how haw that translate in real life (never been to Syria) but I think a literal interpretation would mean that non-Citizens don't have a right to exercise their sovreignty or participate in State and community leadership.

Article 13 talks about national economy based on raising the standard of living of individuals and meeting the basic needs of individuals; doesn't talk about citizens alone there (something like Directive Principles of State Policy, I guess).

Following Article 19, the State appears to undertake to respect social justice principles, freedom, equality and preservation of human dignity of every individual ("respect" mind you, nothing about guarantees here).

Article 21 is an ode to martyrdom and martyrdom for the sake of the nation is thereby recognised a supreme value and that the State shall provide for the families of martyrs in accordance with the Law. It'd seem non-Citizens can be martyrs.

Article 22 protection is only for Citizens. Article 22(1): The state insures every citizen and his family in cases of emergency, illness, disability,orphanhood, and old age. Article 22(2): The state protects the citizens' health and provides them with the means of protection,treatment, and medication.

All citizens are equal in assuming public service functions (Article 26) and I guess that is self-explanatory; non Citizens are not welcome in public service of Syria.

Here are a some goodies non citizens stand to lose out in the Constitution:

Article 33:
1.Freedom is a sacred right and the state shall guarantee the personal freedom of its people andsafeguards their security and dignity.
2. Citizenship is a fundamental principle which involves rights and duties enjoyed by every citizenand exercised within boundaries of the law.
3. Citizens are equal in rights and duties, without discrimination on grounds of s*x, race, language,religion or creed.
4. The State guarantees equal opportunities among citizens.

Article 34: Every citizen has the right to participate in the political, economic, social, cultural life. The law regulatesthis participation.

Article 38:
1. A citizen may not be deported from the homeland or denied re-entry to it.
2. No citizen may be extradited to any foreign entity.
3. Every citizen has the right to move within the state's territory unless forbidden to do so by a judicial sentence or in implementation of public health and safety laws.

Article 40(1): Work is every citizen's right and duty. The state undertakes to provide jobs for all citizens, thelaw shall regulate the workplace, its conditions and workers' rights.

Article 42(2): Every citizen has the right to express his views freely and openly, in written, oral or any othermeans of expression.

Article 44: Citizens have the right to assemble and demonstrate peacefully and to strike from work within theprinciples of the Constitution and the laws that regulates the exercise of these rights.
 
Article 49: Election and referendum is a right and duty for all citizens and is regulated by law.

Article 51 - presumption of innocence till convicted is for everyone

Artucle 59 - Citizens are electors.

Originally posted by : Suryasikha Ray
	Yes please. And, write a reply only when you have serious material to substantiate it. We are in dire need.

Awww...touchy touchy...how do find my [serious] Post though? That material substantiates my reply about getting back to you with a reply on Constitution of Syria, I fervently hope.

Refugees do not have to give up the citizenship first(become Stateless persons) to get asylum or citizenship of another country. If the refugees are Stateless Persons then UN Convention on Stateless Persons will apply. If they are citizens and are refugees or displaced persons due to genocide, war crimes, persecution or well founded fear of persecution etc. then UN Refugee Convention will apply. These Conventions are available at the UN website on internet. Neverthless for the convenience of the querist giving the direct links below for reading -

https://treaties.un.org/doc/Publication/MTDSG/Volume%20I/Chapter%20V/V-2.en.pdf  The document in this link gives details of the contracting countries to the Refugee Convention

https://legal.un.org/avl/pdf/ha/prsr/prsr_e.pdf The document in this link discusses and gives details of the protocols and international laws related to the Refuge Convention

Originally posted by : Suryasikha Ray
	Its about giving up of 'protection' and not 'citizenship'. But are the two equivalent?

Please note the following -

1. When refugees are going to some other country for asylum or protection, their case should be in a manner that confirms to the UN Conventions on Refugees.

2. The refugees should follow the official legal procedure of the host country to get protection as per UN Conventions on Refugees. For this purpose it is always better to take help of some local lawyer or NGO that provides legal help with this humanitarian cause and crisis.

3. Protection is not exactly equal to citizenship but one of the first steps that may further lead to citizenship. When someone becomes a citizen, he gets political rights, like right to elect or be elected, be part of government machinery etc.

4. Please read carefully the document provided by second link in my previous post. It gives all the main details and information including related to "protection" under Refugee Conventions.

5. Your question "Is giving up of a country's protection equivalent to giving up of citizenship?" Not really because as per Article 14 of Universal Declaration of Human Rights, it is your fundamental human right to take asylum or protection. And Article 15 of Universal Declaration of Human Rights says that your nationality cannot be arbitrarly revoked. It also says that you have fundamental human right to change your nationality.

But from mischief making point of veiw, a lot depends on the laws of the country of your origin and how honestly the judiciary of your original country "interprets" the law. For example: You are citizen of Union of India but due to your political opinions and activities, the Indian government files false cases, persecutes you, tortures you. You somehow escape to United Kingdom as refugee and take it's protection/ asylum. You still stay Indian citizen. But government of India may due to political vengefulness or vendatta revokes your passport and citizenship. Then if you decide to approach the Indian judiciary, it will finally decide on this matter. If you do not really care about the loss of Indian citizenship and take citizenship of your host country, then the matter of previous citizenship becomes irrelevant.

Ramesh Ji with due respect to your human right to disagree,

If in interest of this discussion and forum you could please elaborate why you disagree with my previous replies in this thread.

And tell how telling about Indian Constitution and Indian Citizenship Act(as desired by you) will help Syrian refugees going to some European Union countries or Commonwealth countries like Canada?

How the international laws and legal treaties related to United Nations Refugee Conventions, rights of asylum and protection mentioned in Universal Declaration of Human Rights are irrelevant to the Syrian refugees?

And if you could also please elaborate your "concrete solution" to the question raised by the querist.