Constitution

Marshall Islands 1979 Constitution (reviewed 1995)

Table of Contents

ARTICLE XI. CITIZENSHIP

Section 1. Persons Becoming Citizens

  1. A person who, immediately before the date of this Constitution, was a citizen of the Trust Territory of the Pacific Islands shall on that date become a citizen of the Republic of the Marshall Islands, if he or either of his parents has land rights.
  2. A person born on or after the effective date of this Constitution shall be a citizen of the Republic if
    1. at the date of his birth, either of his parents is a citizen of the Republic; or
    2. he is born in the Republic and is not at his birth entitled to be or become a citizen of any other country.
  3. In case of doubt, an application for a declaration that any person is, pursuant to this Section, a citizen of the Republic may be made to and ruled on by the High Court.

Section 2. Persons who may be Registered as Citizens

  1. Unless disqualified pursuant to paragraph (3) of this Section, any person who is not a citizen of the Republic of the Marshall Islands shall become a citizen by registration if, upon application, the High Court is satisfied either
    1. that he has land rights; or
    2. that he has been resident in the Republic for not less than 3 years, and is the parent of a child who is a citizen of the Republic; or
    3. that he is of Marshallese descent, and that in the interests of justice his application should be granted.
  2. A person who has attained the age of 18 years shall not be registered pursuant to this Section as a citizen of the Republic, until he has taken an oath or made an affirmation of allegiance to the Republic.
  3. In the interests of national security or policy with respect to dual citizenship, the Nitijela may by Act provide for the disqualification of any class of persons who would otherwise be entitled to be registered as citizens pursuant to this Section, but who have not already been so registered.

Section 3. Powers of the Nitijela Regarding Citizenship

The Nitijela may make provision by Act

  1. for the acquisition of citizenship of the Republic of the Marshall Islands by registration in cases not falling within Section 2 of this Article;
  2. for the acquisition of citizenship of the Republic by naturalization;
  3. for depriving of citizenship of the Republic, consistently with Article II, any class of persons who are citizens of the Republic only by reason of provision made by Act pursuant to this Section;
  4. for depriving of citizenship of the Republic any class of persons who are citizens of the Republic and are or have become citizens of another country otherwise than by marriage;
  5. for the express renunciation by any person of citizenship of the Republic.