Либерия азаматтығының тарихы мен ережелері

History and regulations of Liberian citizenship

Liberian nationality law is regulated by the Constitution of Liberia, as amended; the Aliens and Nationality Law, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Liberia. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Liberian nationality is based on descent from a person who is "Negro", regardless of whether they were born on Liberian soil, jus soli, or abroad to Liberian parents, jus sanguinis. The Negro clause was inserted from the founding of the colony as a refuge for free people of color, and later former slaves, to prevent economically powerful communities from obtaining political power. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.

Nationality is acquired in Liberia at birth, or later in life through naturalization.

The primary means of obtaining nationality in Liberia is birth on Liberian soil, jus soli, or by descent from a Liberian national, jus sanguinis. Nationality is restricted to those who are Negroes and no provision is made for foundlings or orphans discovered in the territory with unknown parentage. The Liberian Aliens and Nationality Law 1973 is in conflict with the 1986 Constitution. For example, the constitution does not contain provisions for birth on Liberian soil and requires descent from a Liberian, but the nationality statute provides for children who are born in the territory whose parents do not have diplomatic immunity. Another discrepancy is that the constitution states nationality can be acquired through a mother or father, but the nationality statute restricts acquisition for children born abroad to fathers. Further, under the nationality law children born abroad to a Liberian mother and foreign father are required to naturalize to obtain nationality, but the constitution states only that they must renounce any other nationality they might have upon reaching the age of majority. Similarly, fathers of children born abroad under the Aliens and Nationality Law are required to have lived in Liberia before the birth of the child and the child is required to reside in Liberia at majority, but no such provisions are part of the constitution. Human rights organizations have formally commented upon the discriminatory nature of the nationality statutes as well as the lack of provisions regarding Liberia's international legal obligations under treaties and conventions the country has executed.

Naturalization in Liberia is restricted to persons who are of African descent. To naturalize, an applicant must make a declaration of intent to naturalize before a Circuit Court, followed by the actual petition for naturalization which must be filed between the second and third anniversary dates of the declaration of intent. General provisions for naturalization include that the applicant has attained legal majority (age twenty one) and is of good and moral character; that they reject anarchy and believe in the principles of the constitution; and that they can demonstrate that they have established at least a two year residency in the country. At his discretion, the president may waive the residency requirements. Applicants are required to renounce prior nationalities and swear an Oath of Allegiance to uphold the laws and constitution of Liberia and defend the republic. Minor children may be included in the naturalization petition if they were born outside of the country and their father naturalizes; however, not if they were born in Liberia and not if their mother naturalizes. There are no provisions for children who are adopted by Liberians to obtain nationality in the Aliens and Nationality Law, nor are there special provisions for the naturalization of spouses of nationals.

Liberians are allowed to renounce their nationality, provided the renunciation is officially made to a Liberian diplomatic or consular officer in a foreign state. Liberians of origin can be denaturalized for applying for nationality in another state; for serving in another country's military forces or serving another nation in an official capacity, without the authorization of the president; or for voting in an election of another nation. For naturalized persons, denaturalization can occur if they reside outside Liberia for an extended period of time; if they commit a crime against state security or disloyal acts; or if they obtained nationality through fraud, false representation, or concealment. The implications of denaturalization can extend to minor children, as the law provides that they are also denaturalized if their father loses nationality.

In 1973, the Aliens and Nationality Law prohibited dual nationality except in limited circumstances, but there was no specific ban against having multiple nationalities in the constitution. There was also no specific provision allowing dual nationality. The constitution and nationality law conflicted, as the constitution states that a child can hold dual nationality until majority, at which time they had to renounce other affiliations; whereas, the nationality statute stated that if the person had taken a voluntary action such as behaving as a national of another state or swearing an oath of allegiance to another state, or applying for naturalization in a foreign state, they could be deprived of Liberian status. So for example, no voluntary action was required of a woman who lost her nationality automatically upon marriage to a foreigner under previous statutes requiring her to take her husband's nationality, or when she was restored nationality under the 1973 Aliens and Nationality Law. She was protected from losing her Liberian status unless she specifically renounced her Liberian nationality by Article 22.3. Similarly, a child born abroad in a country that automatically confers nationality based on jus soli to two Liberian parents would not have to renounce their foreign status. In July 2022, President George Weah signed an amendment to the Aliens and Nationality Law allowing for dual nationalities. This allows those who had previously lost citizenship due obtaining citizenship in other countries to reclaim their Liberian citizenship. Liberian citizens with dual nationalities, however, are prohibited from doing some things, such as holding a number of elected public offices.