Libya: Follow-up to LBY35036 of 8 September 2000 on whether a Tunisian who was born in Libya and whose father had been granted Libyan citizenship can obtain Libyan citizenship; if so, procedure; whether he would have to give up his Tunisian citizenship

The following information was provided on 22 September 2000 by the Senior Legal Specialist of the Law Library of Congress in Washington, D.C.:

The Libyan Nationality Law (Law no 17of 1554 of 18 April 1954) was enacted soon after the Libyan state was established on 24 December, 1951. Prior to that Libya was from 1911 to the end of world war II an Italian colony whose inhibitants were Italian citizens, and before 1911 it was part of the Ottoman Empire and its inhabitants Ottoman subjects. That is why the Nationality Law begins by creating an "establishment citizenship," by providing that a person who was normally resident in Libya on 7 October 1951, the date the new state constitution was adopted, and was not of a foreign nationality, among other conditions, to be a Libyan citizen.

After disposing of this initial situation, the law goes on to declare that the following persons shall be considered Libyan citizens:

(a) anyone born in Libya and did not acquire a foreign nationality at birth;

(b) anyone born outside Libya or a Libyan father whose Libyan citizenship was due to his Libyan birth or naturalization: and

(c) anyone born in Libya to a Libyan mother and a stateless father or a father of unknown nationality, or to parents of unknown nationality.

The Libyan Nationality Law also provides that the following persons may be granted Libyan citizenship by naturalization, upon approval of the General Popular Committee, acting on the recommendation of the Popular Committee for Justice. Such approval takes effect only after the applicant had renounced his foreign nationality and took the oath of allegiance to Libya:

(a) Arab men married to Libyan women provided they have resided in Libya for at least four years after their marriage:

(b) Arab nationals who have livcd in Libya for at least five years subsequent to submitting an application for naturalization;

(c) the children of Libyan women married to non-Libyan men provided they have lived in Libya for at least three years prior to submitting an application to naturalization; and

(d) scholars with a high degree of specialization or experience needed by Libya.

The wife and minor children of the applicant for naturalization acquire Libyan citizenship simultaneously with him if their names were included in the application.

From the scant information available to this office, it appears that the father acquired his Libyan citizenship by naturalization. What is not known to this office is whether the son, the subject of the query, was excluded from the father's application because he was no longer a minor at the time, or he was included and subsequently relinquished his Libyan citizenship which the law permits him to do by simply advising the Libyan Foreign Minister of his decision within one year of attaining the age of maturity.

Were the son to acquire Libyan citizenship, the law requires an applicant for naturalization to satisfy the following conditions:

(a) to be no less than eighteen years of age and legally competent;

(b) to be of good conduct;

(c) to be free of any conviction in a crime of honor, or has since been fully reinstated;

(d) to commit himself to normally reside in Libya;

(e) to have a legitimate source of income to live off; and

(f) to be ready to renounce his present nationality.

This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Reference

Law Library of Congress, Washington, D. C. 22 September 2000. Correspondence from Senior Legal Specialist.