Document #1348901
IRB – Immigration and Refugee Board of Canada (Author)
In 15 July 1997 telephone interviews and in
writing, the consulate of Argentina in Montreal stated that Law no
21795 (Nationality and Citizenship Act) of 1978 was repealed in
1984. The previous legislation governing citizenship and
nationality came into effect again by virtue of Law 23059 of 22
March 1984 (promulgated on 6 April 1984 and published on 10 April
1984) (ibid.). The laws that regained effect were laws 346, 16801
and 20835, while 16569, Decree-Law 17692/68 and article 91 of Law
20957 remained in effect (ibid.). Law 23059 states that persons who
lost their Argentine citizenship and nationality by virtue of Law
21795, or during the period in which that law was in effect, are
considered to have had their citizenship and nationality reinstated
(ibid.).
The consulate detailed the following
requirements for naturalization as set out in article 2 of Law 346
of 1863 (please note that the text in this Response to Information
Request is not a legal or official translation of the terms used in
the cited Spanish-language legislation, and is provided only for
your reference):
1) foreigners 18 years of age or older who reside in Argentina for two continuous years and express before a federal judge their desire to be naturalized Argentine nationals;
2) foreigners who, regardless of their period of residence in Argentina, can prove to a federal judge that he or she has served in one of the following ways:
a) having worked honourably in the service of the nation or the provinces within or outside the Republic;
b) having served in the army or navy, or having assisted in a war effort in defence of the nation;
c) having established a new industry in the country or having introduced a useful invention;
d) being a railroad builder or enterpreneur in any of the provinces;
e) being part of an existing or future colony with the aim of establishing roots there;
f) inhabiting or populating national territories included within or outside the current national borders;
g) having married an Argentine woman in any of the provinces;
h) exercising in any of the provinces an educational or industrial activity.
The source also provided details from
article 10 of the Decree of 19 December 1931, which regulates the
application of Law 346. The article states that, at the time
naturalization is requested, the foreigner must meet the following
personal requirements:
a) be an able person (ser capaz), in accordance to the laws of the Argentine Republic;
b) have impeccable behaviour (conducta irreprochable);
c) have a means to support him/herself;
d) not have a criminal record or conviction for serious crimes, even if these have been forgiven, amnestied or otherwise annulled;
e) be able to communicate in Spanish;
f) not profess doctrines or be affiliated to sects that combat the established form of government of the Republic.
Previous articles of the same decree
establish procedural requirements for requesting and obtaining
Argentine nationality by naturalization, including the
following:
- proof of current nationality and age must be presented;
- the two years of continuous residence in Argentine territory must be proven by a record of places of residence during the period and corroborated summarily by clearly identified witnesses and immigration certificates or other trustworthy documents;
- the residency and good conduct requirements of the applicant, as well as the identity and good behaviour of any witnesses he presents, must be corroborated by the police authorities of the places where the applicant has resided;
- the occupation of the applicant must be certified by an employment certificate ratified before a judge or confirmed by a pertinent police authority;
- the applicant must show a report by the electoral registry or related authority that Argentine nationality has not been previously revoked or denied to him/her; to facilitate this step, the electoral registry shall keep a record of any cases in which nationality has been denied or revoked;
- naturalized foreigners who exercise their previous nationality will be expeditiously removed from the civil registry, and their political rights will not be reinstated unless authorized by the nation's Congress.
Articles 11 and 12 of the same decree state
that foreigners meeting the preceding requirements must personally
submit their written application before a judge or pertinent
authority of their locality, with a duplicate that will be
forwarded to the police authorities for the purposes outlined in
previous articles. The application shall indicate the applicant's
full name, age, marital status, physical traits, occupation, place
of birth indicating town, province, city and nation, religion if
any, last place of residence abroad, date of entry into Argentina,
and the names, occupations and addresses of two adult witnesses who
live in the jurisdiction where the application is submitted, who
have resided in the country the two years preceding the date of
application, and who can attest to the morality, age, nationality
and residence of the applicant.
The applicant must swear respect for the
country, its constitution and the institutions enshrined in it. If
a naturalized Argentine is found to have lied or hidden crucial
information to obtain this status, or commits acts that result in
public indignity (indignidad pública) or are
contrary to his/her oath, Argentine nationality could be
revoked.
The information provided above was obtained
from the Consulate of Argentina in Montreal on 15 July 1997.
Details on the publication and accessibility of naturalization
records, or additional information on naturalization requirements,
were not available by the date of this Response to Information
Request, although this does not preclude the possibility that other
legislation may have been enacted and/or in effect at this
time.
This Response was prepared after
researching publicly accessible information currently available to
the DIRB within time constraints. This Response is not, and does
not purport to be, conclusive as to the merit of any particular
claim to refugee status or asylum.
References
Consulate of Argentina, Montreal. 15
July 1997. Telephone interviews with consular officer.
_____. 15 July 1997. Fax received by
DIRB.
Information on the above-mentioned topic
could not be found among the sources consulted by the DIRB. Please
note that Country Reports contain general information
about the labor unions' situation. Country Reports 1996
states that all Argentine workers are free to form unions (1997,
343). Those unions have the right to strike, and members who
participate in strikes are protected by law (ibid.).
Country Reports 1995 also mentions
that, from August 1994 through July 1995, there were 327 strikes or
other forms of labor conflict in Argentina and that approximately
70 per cent were in the public sector, most of them as a result of
delay or nonpayment of salaries by local governments (1996, 319).
Country Reports 1993 states that the constitution and laws
provide for the right of groups and political parties to assemble
and demonstrate; however, local authorities sometimes interpreted
these constitutional protections restrictively. This was the case
for 25 members of a government workers union who were detained
briefly in Jujuy province in September 1993 for demonstrating in
demand for better wages (1994, 351).
For information on Argentina's labor unions
and violations of trade union rights, please consult the
attachments.
This Response was prepared after
researching publicly accessible information currently available to
the DIRB within time constraints. This Response is not, and does
not purport to be, conclusive as to the merit of any particular
claim to refugee status or asylum. Please find below the list of
additional sources consulted in researching this Information
Request.
References
Country Reports on Human Rights
Practices for 1996. 1997. United States Department of State.
Washington, DC: United States Government Printing Office.
Country Reports on Human Rights
Practices for 1995. 1996. United States Department of State.
Washington, DC: United States Government Printing Office.
Country Reports on Human Rights
Practices for 1993.1994. United States Department of State.
Washington, DC: United States Government Printing Office.
Attachments
International Confederation of
Free-Trade Unions (ICFTU). 1995. Annual Survey of Violations of
Trade Union Rights. Brussels: ICFTU, p. 43.
_____. 1994. Annual Survey of
Violations of Trade Union Rights. Brussels: ICFTU, p. 29.
Additional Sources Consulted
Amnesty International. Urgent
Action. 1990-1997.
The Economist [London].
1994-1996.
Foreign Broadcast Information Service
(FBIS) Reports. Daily.
Human Rights Watch World
Report. 1990-1996.
Inter-Church Committee on Human Rights
in Latin America (ICCHRLA). 1994. Annual Reports: General
Concerns and Brief Country Reports.
Latinamerica Press [Lima].
1990-1996.
Latin American Regional
Reports: Southern Cone Report [London].
1993-1996.
Latin American Weekly Report
[London]. 1990-1996.
News from Americas Watch [New
York]. Monthly.
Trade Unions in the World.
1989. London: St. James Press.
Trade Unions Bulletin [London].
Amnesty International.
Unsuccessful attempts to contact two
oral sources.