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الأحد، 11 مارس 2012

Nationalities of the UAE Citizens… Between Stripping and Dropping!



Nationalities of the UAE Citizens… Between Stripping and Dropping!
By Muhammad Saleh Al Mansouri
Exceeding the limits and definitions of shock, human rights arena in the UAE has witnessed what’s far from being a setback, represented in the violation of the basic rights of six UAE human rights, social, cultural, religious and administrative activists by dropping their Emirati citizenship.
This infringement on the right of these great men is unjustifiable and has no explanation on the legal, constitutional and juristic levels; as well as lacking support or satisfaction of any level in the national fabric ranging from the senior leading elite to the UAE citizens and freemen who expressed their intense anger and discontent.
This poorly-discussed and irresponsible action requires a serious and decisive attitude by all the citizens in the United Arab Emirates to put an end once and forever for these serious forms of violation of the basic rights of the citizen of the UAE, and put an ultimate end to the previous setbacks in human rights which will only lead to an increase in grievances and maximizing the number of the oppressed people.

Although we extremely reject any form of attack on the rights of the citizen UAE, dropping the nationalities as a punishment for the expression of opinion is a is an unprecedented reaction in its severity and excess in injustice that demonstrates the violation of the Constitution and the law of citizenship by the party which held responsible for these most powerful forms of social suffering and psychological damages.
The Constitution and the law have not left the matter of citizenship to whims or opinions. On the contrary, it ensured the mechanisms for preservation of this right, and tightened the terms of withdrawing and dropping nationalities. Meanwhile, the decrees on dropping the citizenships of these men were empty from any reference to committing any of those men any reason for withdrawing his nationality!
It’s legally established that nationality is a fundamental right among the citizens' rights guaranteed by the Constitution under Article VIII, and is not susceptible to be withdrawn (for fully-fledged citizens) or dropped (in case of naturalized citizens) unless in the exceptional cases prescribed by law. Dropping or withdrawal of nationality is an action that is very close to the life of the individual and may have serious implications on his life; so that the Constitution and the law enforced many restrictions and strictly controlled it in order to preserve this fundamental right of human rights.
In this case of dropping the nationalities of those citizens, the Constitutional articles and the law of nationality have been grievously infringed. Also, the way this decree issued contradicts the specifications for issuing decrees specified in Article (114) of the Constitution which make any decree unconstitutional unless approved by the Council of Ministers and ratified by the President of the Federation or the Supreme Council according to the way of competence, and then being published after signed by the President of the Union in the Official Gazette. So, What is the location of the decree on this withdrawal of nationalities from this chain of legal procedures?!
The law of nationality and passports (no. 17/1972), Article 15 identifies: the nationality of the state should be dropped from fledged citizens in two cases: to engage in military service of a foreign country without the permission of the State and refused an order by the state to leave this service, or if he worked for the benefit of an enemy state, or if deliberately nationalized with a nationality of a foreign country. In all cases at hand, no term or condition of those above-mentioned applied. So, who then have interest in increasing the number of socially and economically harmed from this unjust decree of stripping the nationalities?
This is also applied to the naturalized persons as well, whose nationality shouldn’t be withrawn unless acting or engaged in a danger harming state security and safety, or have been many times sentenced for shameful crimes, or forging the data used in his citizenship papers, or stayed outside the country without justification for more than four consecutive years. Worth-mentioning, all cases harmed from withdrawal of their nationality at hand did not apply to any of these terms and conditions as well.
Based on the absence of legal basis and causes, the party stands behind the withdrawal and dropping of these nationalities has grossly violated the Constitution and the law and openly infringed on the rights and values of the UAE citizens. In this case, all legal actions to confront this injustice would be fundamental; spanning from filing lawsuits before UAE courts to sharing the complaint with the freemen worldwide and universal human rights defenders, in addition to addressing the humanitarian side of the leading elite in the state which is so ample and wouldn’t be harmed by mischievous parties and persons.
It’s more urgent today to call the leadership (the UAE President, Vice President and the Supreme Council of the Federal Union) to lift the injustice happened against these citizens, and keeping the mischievous hands away from gambling with the fate and rights of the state and its citizens; otherwise to issue a reasoned decree according to the constitutional traditions by the Supreme Council deciding the withdrawal of the citizenship of this group.
It seems that it’s the Emiratis’ ill fate to witness successive waves of diminution of their rights. Having the action of the five detainees and its consequences ended up, a new more aggressive one acted on ground (Stripping of the nationalities). We will not spare any effort to legally abolish this decision and rendering the rights of citizenship to their owners, in accordance with their constitutional, and legal rights and in virtue of the rules of humanity and its consequent basic rights and freedoms that can not be messed up by any party whatsoever.

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