Portuguese nationality issue is settled once and for all. By virtue of Goans never giving up their former nationality they continue to be Portuguese and, hence, those making a beeline to the Portuguese consulate seeking citizenship are not acquiring something new, but reclaiming what is legally theirs. Miguel Reis, a lawyer and former journalist. In the confused issue cooked by media and political activists without understanding the citizenship issue currently boxing in Goa, the argument in the English translation of the book by Prof Ave Cleto Afonso with introduction Portuguese Citizenship of Persons Born In The Erstwhile Estado Da India And Of Their Descendants almost ended the long debated controversy on this issue. The citizens of the possessions in India were never brought under the political, civil and criminal statute of indigenous populations that was approved by law decree No. 12533 of October 23, 1926, which had instituted a curtailed citizenship to the natives of the colonies. They have always been Portuguese citizens with full rights. And in the scheme of decolonization, post-1975, this situation ended up being recognized by the Law decree No. 308-A/75 of June 24, 1975, the law which grants to those born in the state of India, and to their descendants, who might be residing in the newly independent countries, rights as extensive as the one that were granted to the descendants of persons born in mainland Portugal and adjoining islands which constitute the archipelagos of Madeira and Azores, writes the author of the book Miguel Reis, a lawyer and former journalist. Afonso writes that the treaty between the government of India and the Republic of Portugal on the recognition of Indias sovereignty over Goa, Daman, Diu, Dadra and Nagar Haveli and related matters signed on December 31, 1974, does not take up the issue of citizenship. It clarifies that the recognition of Indias sovereignty over Goa would imply the abrogation of the corresponding part of Article I of the Portuguese Constitution of 1933 and settles the question of custody and transfer of archives and documents. However, the issue of the Portuguese citizenship of Goans is not even mentioned as subject of dispute between the two parties, India and Portugal, suggesting thereby acceptance of the then existing situation of duality by both.
Posted on: Fri, 17 Jan 2014 07:48:29 +0000
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