Congratulations to Ferrao & Fernandes for an excellent response to the 13th May 2013 British Daily Mail and Daily Star articles.
If I may, I would like to offer just a very small contribution in what regards Portuguese Nationality Law. Ferrao & Fernandes state that the unilateral actions of 1961 by the Republic of India meant that Goans lost Portuguese citizenship post 1961 and were only able to recover it after 1974. That is not totally correct and it may only reflect the position from the part of the Republic of India. It is a fact that Goans born before 19 December 1961 are considered Portuguese nationals of origin following the Portuguese Nationality Law of 1959 - which has never been revoked for the case of the citizens born in the Portuguese State of India. This law of 1959 confirmed Portuguese nationality of origin to all citizens born in any overseas Portuguese province. Later in 1975, another law 308-A/1975 of 24 June determined the faith of Portuguese citizens residing in the Portuguese territories of Africa (Angola, Mozambique, Guine Bissau, Cabo Verde and Sao Tome e Principe) during the dates of independence of those territories (1974 to 1975), and gave those residents a limited period of time of choose between their current Portuguese citizenship or the citizenship of their new independent countries of residence. >From the Portuguese nationality Law of 1959 (applicable to all Portuguese >citizens) and the law 308-A/1975 of 24 June (applicable to residents in the >ex-Portuguese Africa during 1974 to 1975) one can easily confirm that >Portuguese citizens born in the former Portuguese State of India REMAIN >Portuguese nationals ad aeternum except if they were residing in the >ex-Portuguese territories of Africa given independence 1974 - 1975 (in which >case they were given a period of time to decide which citizenship to choose >from). Therefore, Goans born before 19 December 1961 who can prove that they were not residing in the ex-Portuguese African territories between 1974 to 1975 never lost Portuguese nationality according to Portuguese Nationality Law. They are indeed Portuguese nationals of origin since birth and even today, regardless of what the Republic of India may state or impose upon them. There are, therefore, two positions. The Indian position is that Indian Citizenship was imposed on Goans post 1961 by an act of conquest from the Republic of India over the Portuguese state of India (http://www.icrc.org/ihl-nat.nsf/46707c419d6bdfa24125673e00508145/a693a13f3cdd399ec12563b8002b1c41/$FILE/case.pdf - Supreme Court of India Reports 1970 pp. 87-102 regarding the case of REV. MONS. SEBASTIAO FRANCISCO XAVIER DOS REMEDIOS MONTEIRO) and, therefore, they became Indian citizens. However, it is also a fact that, according to the law of the Portuguese Republic, Goans never lost Portuguese nationality if they can prove that they were not residing in the ex-Portuguese provinces of Africa given independence during 1974 to 1975. Whether the Republic of India likes it or not, these Goans are indeed Portuguese citizens according to Portuguese Nationality Law and there is nothing the Republic of India or even the United Kingdom can do to dispute it. That is the theory. In practice, Portugal does not know of the existence of these Goans because their birth records remained in Goa post 1961. Any interested party can register the birth of these Goans in Portugal and, by doing so, confirming the Portuguese nationality of these Goans born in Goa before 1961. This is, however, not recovery of Portuguese citizenship but recognition of the same, which was never lost post 1961, according to the position of Portugal and its Portuguese Nationality Law. To put things into perspective, it is a fact that Goa has currently today a Chief Minister called Manohar Gopalkrishna Prabhu Parrikar who was born on the 13 December 1955 at Mapusa, Bardez, Portuguese Province of Goa - an integrant part of the Portuguese Republic. Mr. Parrikar's country of birth whether he likes it or not was the Portuguese Republic (Goa was an overseas province of the Portuguese Republic in 1955 and the Republic of India even had a Consulate General of the Republic of India in Panjim, closed down in 1955 itself, after the problems between Portugal and the Republic of India took a more serious dimension). Presuming that Mr. Parrikar was not residing in the ex-Portuguese provinces of Africa during 1974 to 1975, Portuguese Nationality Law confers Portuguese Citizenship of origin to him. The current Chief Minister of Goa is, therefore, a Portuguese citizen of origin, according to Portuguese Nationality Law. This is the position of Portugal according to the Portuguese Nationality Law. Of course Mr. Parrikar and all Goans born before 1961 in Goa are free to renounce Portuguese citizenship of origin of their own free will if they also have another citizenship. The fact remains that if they do not renounce it, they are indeed Portuguese citizens of origin according to Portugal and its Portuguese Nationality Laws, regardless of them being registered in Portugal or not. Registration in Portugal is merely a formal recognition of title of Portuguese citizenship. Granting of the same title is conferred by the Portuguese Nationality Law and not in the act of registering the birth in Portugal alone. It is never easy to debate these issues but the fact remains that there are always two positions to every debate. Best regards Paulo Colaco Dias -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of Goanet Reader Sent: 31 August 2013 11:16 To: Goa's premiere mailing list, estb. 1994! Subject: [Goanet] DEBATE: Europeans of An Other Colour -- Why the Goans are Portuguese (Ferrao & Fernandes, Kafila.org) Europeans of An Other Colour -- Why the Goans are Portuguese By R. Benedito Ferrão & Jason Keith Fernandes [email protected] [email protected] AUGUST 31, 2013 This article serves as a response to Sir Andrew Green's comment on the alleged misuse of Portuguese citizenship by Indian nationals of Goan origin whom the Daily Star and the Daily Mail have characterized as immigrants who travel to Great Britain to take advantage of it. Green's perspective from a few months ago mirrors prevalent xenophobic views on the rights of immigrants to Europe; hence, the counterpoint offered here hopes to challenge such bias as it will surely continue to be expressed. On 13 May, 2013, the Goan Ethernet was aflame with outrage at statements made by Sir Andrew Green, chairperson of Migration Watch, carried in the Daily Star and the Daily Mail. The Daily Star reported, "An Indian national from Goa can obtain Portuguese citizenship if their parents were Portuguese citizens prior to 1961," and quoted Green as saying, "They can then move straight to the UK with their family. On arrival they can avail themselves, immediately, of all the benefits available to UK citizens."
