Right to peruvian Citizenship for someone born in Peruin 1927, and dual citizenship policy - Peru [PER4274]

Please find attached a copy of the response to information request PER4249 with attachments on the subject of Peruvian citizenship.

You will note that chapter II of the Peruvian Constitution1 deals with citizenship (a copy of the relevant pages of the Peruvian Constitution can be found amongst the above mentioned attachments). Article 89 and 90 indicate that Peruvian citizenship is granted to those born on Peruvian territory or when born outside Peruvian territory, to those born of a Peruvian father or mother. According to Article 19 of the Constitution no one can be stripped of their citizenship. Article 87 of the Constitution provides that the Constitution prevails over any other legal norm.

The Constitution is silent on the question of whether individuals, once they have obtained Peruvian citizenship in this manner, are allowed to obtain a second citizenship. Article 20 of the Constitution does however, provide that "No one is... prevented from doing what [the law] does not prohibit". The IRBC inquired with the Peruvian embassy whether Peru has enacted a separate Citizenship or Nationality Act. We were told that such legislation does not exist in Peru. According to the Embassy spokesperson citizenship matters are exclusively regulated in the Constitution.

Foreigners can apply for naturalization, provided that the following conditions are met:

the individual must be of majority age;
-he/she must have resided in Peruvian territory for at least 2 consecutive years;

he/she must renounce his/her citizenship of origin.

Article 92, however, contains an exception to the rule that citizenship of origin must be renounced when obtaining Peruvian citizenship, in that it provides that "individuals of Latin American or Spanish birth domiciled in Peru can become naturalized without renouncing their citizenship of origin if they express a desire to do so"

Peruvian citizenship can also be obtained by marriage to a
Peruvian citizen, after two years of marriage and two years of domicile in Peru. The Constitution does not indicate whether citizenship of origin must be renounced under these circumstances (article 93).

Article 94 provides that Peruvian Citizenship, following renounciation, can be recovered provided that the individual who has renounced it:

sets up residence in the territory of the Republic

declares his wish to re-acquire his/her citizenship

renounces his/her former citizenship.

No written documents could be found on the subject of Peruvian policy on dual citizenship of individuals whose first citizenship is Peruvian. The IRBDC was, however, informed by members of the Peruvian Community in Ottawa that the personnel of the Peruvian Embassy in Ottawa is currently attempting to deny the right to vote to those individuals who have both Peruvian and Canadian citizenship. In their opinion this attempt is unconstitutional, as Articles 64 and 65 of the Constitution guarantee Peruvian citizens participation in political life (three exceptions are specified in Article 66) Legal action both in Peru and Canada is currently being considered by the affected group. The Peruvian Embassy in Ottawa has not provided any information on the matter.

The Peruvian Consul in New York City stated through his secretary by telephone on 15 March 1990 that "international law does not allow anyone anywhere to hold two nationalities", and "anyone who holds two, three or more passports is in trouble". When it was pointed out that Canada, for example, does allow dual citizenship, and that the Consul's statement contradicted Article 92 of the Peruvian Constitution and Hispano American treaties regarding double nationality for Spanish and Latin American citizens, the response was that any doubts should be addressed to the Consulate in writing.
1. Albert P. Blaustein, Constitutions of the World, p. 54-57.
2. Various telephone communications on 14 March 1990.