Dual citizenship urged for mixed couples

Dual citizenship urged for mixed couples

Hera Diani, The Jakarta Post, Jakarta

The citizenship bill awaiting deliberation in the House has been
heavily criticized for discriminating against mixed couples and
their children, prompting activists to call on the government to
grant mixed couples and their offspring dual citizenship or
permanent residency here.

Activists say granting these couples dual citizenship or
permanent residency would eliminate many of the problems and
discriminatory regulations they face because of the uncertain
status of their children.

The House of Representatives agreed in June to deliberate the
citizenship bill, promising to include more flexible regulations
for mixed couples.

The citizenship bill will revise Law No. 62/1958, which
critics say denies mixed couples and their children the
opportunity to live as a "complete family".

The law, for example, stipulates that children of mixed
couples automatically assume their father's citizenship, and a
divorced wife cannot take custody of her children because they
have different citizenship.

Also, expatriate women married to Indonesian men must be
sponsored by their husbands to live and work her. In many cases,
an Indonesian husband can withdraw his sponsorship of his wife
and force her to return to her country, leaving behind any
children the couple have.

Critics say, however, that the citizenship bill does not
improve on the old law.

Article 2 of the bill, for example, states that an Indonesian
woman in a mixed marriage can claim Indonesian citizenship for
her child only through a prenuptial agreement.

"What about children who have already been born and their
parents do not have a prenuptial agreement?" Dewi Tjakrawinata,
an executive of an alliance that groups some 4,000 mixed parents
in Indonesia, said during a discussion at the office of the
National Commission on Violence Against Women.

She pointed to Article 8 of the bill, which requires an
expatriate living for 15 consecutive years in Indonesia, or 20
nonconsecutive years, to have a permanent job and a steady
paycheck to apply for Indonesian citizenship. The existing law,
meanwhile, only requires an expatriate to live in the country for
five years before applying for citizenship.

Another article in the bill states that dual citizenship is
only granted for children born in countries that adopt the ius
soli principle, which grants nationality to people based on where
they are born.

Ramli Hutabarat, an expert staff at the Ministry of Justice
and Human Rights, however, said dual citizenship could generate
more problems, particularly if the holder committed a crime.

"True, we can have a regulation on extradition. But in
reality, it is not that easy. We have to consider the political,
security, economic and legal aspects of applying dual
citizenship.

"It is about one's identity. One can have a 'split
personality' because of dual citizenship," he said at the forum.

Dewi dismissed these arguments. "Do not relate this to crime,
but for the sake of human rights ... the right for families to
stay together. Children born in this country are assets. They
cannot chose their identity.

"If the government does not want to offer dual citizenship,
then give us a solution so that mixed couples and their children
can live in peace."