Sino-Indonesian Dual Nationality Treaty
Encyclopedia
The Sino-Indonesian Dual Nationality Treaty was a bilateral agreement between the People's Republic of China
and the Republic of Indonesia
on the issue of the dual nationality of Chinese Indonesians. It was signed by Zhou Enlai
, Premier and Foreign Minister of China, and Sunario, Foreign Minister of Indonesia, on 22 April 1955 during the Asian–African Conference in Bandung
. Following ratification
by both parties, the treaty came into force on 20 January 1960 after an exchange of the instruments of ratification in Beijing
.
The treaty is formally titled the Agreement on the Issue of Dual Nationality between the Republic of Indonesia and the People's Republic of China .
was held in 1930 and counted 1,233,000 self-identified ethnic Chinese living in the colony. Of this population, nearly two-thirds were born in the Indies, while the remaining one-third were new immigrants from China. Under the Netherlands Citizenship Act of 1910, ethnic Chinese who were born of domiciled
parents were considered Dutch subjects even if they were not Dutch citizens. The law followed the principle of jus soli
, or right of the soil. Additionally, the Manchu government of China's Qing Dynasty
enacted a citizenship law on 28 March 1909 which claimed "every legal or extra-legal child of a Chinese father or mother, regardless of birthplace," as a Chinese citizen according to the principle of jus sanguinis
, or right of blood. This principle had previously been taken for granted by the Chinese, and it meant that ethnic Chinese born in the Indies were subjects of both the Dutch and Chinese governments.
As nationalistic ethnic Chinese protested against "forced naturalization", they demanded the protection of Chinese consuls. However, as an exchange for consular representation in the Indies, both governments signed the Consular Convention of 1911 which limited the jurisdiction of Chinese consuls to those who were not also Dutch subjects. The convention did not explicitly solve the problem of dual nationality
as notes attached to the document indicated it was not meant to define citizenship. Chiang Kai-shek's Republic of China
government reaffirmed jus sanguinis through a new citizenship act in 1929. It also refused to sign onto the 1930 Hague Convention on Nationality based on Article 4 of the document
, which stipulates that "a State may not afford diplomatic protection to one of its nationals against a state whose nationality such person also possesses".
met with his Chinese counterpart in Beijing on 3 June. In an exchange of notes meant to supplement the ratification
process, both men addressed objections which have been made against the treaty. The document made provisions for a joint committee to be established to plan the treaty's enforcement and elaborated on interpretations of the treaty. At the time of the resignation of Ali Sastroamidjojo's cabinet
on 24 July, it had made no further progress on the treaty. The next Cabinet
was formed by a coalition of parties which had opposed the treaty; it tabled the matter until after the legislative election
in September.
Ali Sastroamidjojo returned as Prime Minister in March 1956, but his new coalition
included several members of the opposition. Opposition of the treaty from Catholic and Protestant parties became apparent during a June working session with the foreign affairs committee of the People's Representative Council
(, DPR). The treaty was endorsed by the Cabinet on 3 July, and a draft bill
was forwarded to the DPR in early August. Minister of Justice Muljatno further urged the DPR in December to ratify the treaty quickly, but initial discussions of the treaty did not begin until March 1957. Ratification was further delayed when the Cabinet was forced to resign following a rebellion in Sumatra
. The DPR entered a six-week recess in April and was reopened after a new Cabinet
under Prime Minister Djuanda Kartawidjaja
took office. After the Djuanda Cabinet approved the treaty for a second time in August, Foreign Minister Subandrio personally urged the DPR to make its passage a high priority on the legislative agenda. In an October report to the Central Committee of Baperki, an ethnic Chinese political party, Chinese Indonesian DPR member Siauw Giok Tjhan attributed the delay of ratification to the frequent changes of the Cabinet.
The DPR conducted a final debate on the treaty on 17 December 1957. Members of Masyumi motioned to postpone the debate until after the passage of a new citizenship law, but it was defeated by a 39–110 vote. Representatives of Masyumi and PSI then walked out of the session, and the treaty was ratified by a unanimous vote of the remaining delegates.
When the provisions of the Beijing exchange became public, many Indonesians began to speculate who would be considered exempt from the requirement of formally choosing a citizenship. Indonesian newspapers learned from their "informed sources" and "sources near to the Cabinet" that the issue had been raised by Ali Sastroamidjojo's cabinet
prior to the Prime Minister's departure for Beijing. It is believed the discussion came about because Minister of Health Lie Kiat Teng refused to participate in another option procedure. Although unconfirmed officially, these Cabinet sources reported that ethnic Chinese employees of the Indonesian government would be exempt from the procedure.
of the National People's Congress
ratified the treaty on 30 December 1957.
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
and the Republic of Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
on the issue of the dual nationality of Chinese Indonesians. It was signed by Zhou Enlai
Zhou Enlai
Zhou Enlai was the first Premier of the People's Republic of China, serving from October 1949 until his death in January 1976...
, Premier and Foreign Minister of China, and Sunario, Foreign Minister of Indonesia, on 22 April 1955 during the Asian–African Conference in Bandung
Bandung
Bandung is the capital of West Java province in Indonesia, and the country's third largest city, and 2nd largest metropolitan area in Indonesia, with a population of 7.4 million in 2007. Located 768 metres above sea level, approximately 140 km southeast of Jakarta, Bandung has cooler...
. Following ratification
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
by both parties, the treaty came into force on 20 January 1960 after an exchange of the instruments of ratification in Beijing
Beijing
Beijing , also known as Peking , is the capital of the People's Republic of China and one of the most populous cities in the world, with a population of 19,612,368 as of 2010. The city is the country's political, cultural, and educational center, and home to the headquarters for most of China's...
.
The treaty is formally titled the Agreement on the Issue of Dual Nationality between the Republic of Indonesia and the People's Republic of China .
Background
The last complete census of the Dutch East IndiesDutch East Indies
The Dutch East Indies was a Dutch colony that became modern Indonesia following World War II. It was formed from the nationalised colonies of the Dutch East India Company, which came under the administration of the Netherlands government in 1800....
was held in 1930 and counted 1,233,000 self-identified ethnic Chinese living in the colony. Of this population, nearly two-thirds were born in the Indies, while the remaining one-third were new immigrants from China. Under the Netherlands Citizenship Act of 1910, ethnic Chinese who were born of domiciled
Domicile (law)
In law, domicile is the status or attribution of being a permanent resident in a particular jurisdiction. A person can remain domiciled in a jurisdiction even after they have left it, if they have maintained sufficient links with that jurisdiction or have not displayed an intention to leave...
parents were considered Dutch subjects even if they were not Dutch citizens. The law followed the principle of jus soli
Jus soli
Jus soli , also known as birthright citizenship, is a right by which nationality or citizenship can be recognized to any individual born in the territory of the related state...
, or right of the soil. Additionally, the Manchu government of China's Qing Dynasty
Qing Dynasty
The Qing Dynasty was the last dynasty of China, ruling from 1644 to 1912 with a brief, abortive restoration in 1917. It was preceded by the Ming Dynasty and followed by the Republic of China....
enacted a citizenship law on 28 March 1909 which claimed "every legal or extra-legal child of a Chinese father or mother, regardless of birthplace," as a Chinese citizen according to the principle of jus sanguinis
Jus sanguinis
Ius sanguinis is a social policy by which citizenship is not determined by place of birth, but by having a parent who are citizens of the nation...
, or right of blood. This principle had previously been taken for granted by the Chinese, and it meant that ethnic Chinese born in the Indies were subjects of both the Dutch and Chinese governments.
As nationalistic ethnic Chinese protested against "forced naturalization", they demanded the protection of Chinese consuls. However, as an exchange for consular representation in the Indies, both governments signed the Consular Convention of 1911 which limited the jurisdiction of Chinese consuls to those who were not also Dutch subjects. The convention did not explicitly solve the problem of dual nationality
Multiple citizenship
Multiple citizenship is a status in which a person is concurrently regarded as a citizen under the laws of more than one state. Multiple citizenships exist because different countries use different, and not necessarily mutually exclusive, citizenship requirements...
as notes attached to the document indicated it was not meant to define citizenship. Chiang Kai-shek's Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
government reaffirmed jus sanguinis through a new citizenship act in 1929. It also refused to sign onto the 1930 Hague Convention on Nationality based on Article 4 of the document
Master Nationality Rule
The Master Nationality Rule is a consequence of Article 4 of The Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws of 1930.This provides that;The United Kingdom Home Office explains:...
, which stipulates that "a State may not afford diplomatic protection to one of its nationals against a state whose nationality such person also possesses".
Negotiations
Delays in Indonesia
Prime Minister of Indonesia Ali SastroamidjojoAli Sastroamidjojo
Ali Sastroamidjojo, was the 8th and 10th Prime Minister of Indonesia. He was born in Grabag, Central Java on May 21, 1903 and died in Jakarta, March 13, 1976.-References:...
met with his Chinese counterpart in Beijing on 3 June. In an exchange of notes meant to supplement the ratification
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
process, both men addressed objections which have been made against the treaty. The document made provisions for a joint committee to be established to plan the treaty's enforcement and elaborated on interpretations of the treaty. At the time of the resignation of Ali Sastroamidjojo's cabinet
First Ali Sastroamidjojo Cabinet
The First Ali Sastroamidjojo Cabinet was an Indonesian cabinet that served from 1 August 1953 until 24 July 1955.-Cabinet Leadership:*Prime Minister: Ali Sastroamidjojo *First Deputy Prime Minister: Wongsonegoro...
on 24 July, it had made no further progress on the treaty. The next Cabinet
Burhanuddin Harahap Cabinet
The Burhanuddin Harahap was an Indonesian cabinet that served from 11 August 1955 until 3 March 1956.-Cabinet Leadership:*Prime Minister: Burhanuddin Harahap *First Deputy Prime Minister: R...
was formed by a coalition of parties which had opposed the treaty; it tabled the matter until after the legislative election
Indonesian legislative election, 1955
Indonesia's first parliamentary general election was held on 29 September 1955. The candidates were seeking to be elected to the 257-seat People's Representative Council, which would replace the existing provisional legislature...
in September.
Ali Sastroamidjojo returned as Prime Minister in March 1956, but his new coalition
Second Ali Sastroamidjojo Cabinet
The Second Ali Sastroamidjojo Cabinet was an Indonesian cabinet that served from 26 March 1956 until 14 March 1957.-Cabinet Leadership:*Prime Minister: Ali Sastroamidjojo...
included several members of the opposition. Opposition of the treaty from Catholic and Protestant parties became apparent during a June working session with the foreign affairs committee of the People's Representative Council
People's Representative Council
The People's Representative Council , sometimes referred to as the House of Representatives, is one of two elected national legislative assemblies in Indonesia....
(, DPR). The treaty was endorsed by the Cabinet on 3 July, and a draft bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
was forwarded to the DPR in early August. Minister of Justice Muljatno further urged the DPR in December to ratify the treaty quickly, but initial discussions of the treaty did not begin until March 1957. Ratification was further delayed when the Cabinet was forced to resign following a rebellion in Sumatra
Revolutionary Government of the Republic of Indonesia
The Revolutionary Government of the Republic of Indonesia was a rebel movement led by army officers of the Indonesian Army.-The Rebellion of the Colonels:...
. The DPR entered a six-week recess in April and was reopened after a new Cabinet
Djuanda Cabinet
The Djuanda Cabinet, or "Working Cabinet" was an Indonesian cabinet that served from 9 April 1957 until 5 July 1959, when it was dissolved by a decree from President Sukarno.-Background:...
under Prime Minister Djuanda Kartawidjaja
Djuanda Kartawidjaja
Raden Djuanda Kartawidjaja was an ethnic Sundanese noble from the court of Cirebon, an Indonesian politician and the 11th and the final Prime Minister of Indonesia...
took office. After the Djuanda Cabinet approved the treaty for a second time in August, Foreign Minister Subandrio personally urged the DPR to make its passage a high priority on the legislative agenda. In an October report to the Central Committee of Baperki, an ethnic Chinese political party, Chinese Indonesian DPR member Siauw Giok Tjhan attributed the delay of ratification to the frequent changes of the Cabinet.
The DPR conducted a final debate on the treaty on 17 December 1957. Members of Masyumi motioned to postpone the debate until after the passage of a new citizenship law, but it was defeated by a 39–110 vote. Representatives of Masyumi and PSI then walked out of the session, and the treaty was ratified by a unanimous vote of the remaining delegates.
Opposition
One provision of the 1955 exchange between Ali Sastroamidjojo and Zhou Enlai sought to address ambiguities about the status of ethnic Chinese citizens of Indonesia outside the time frame outlined in the treaty:When the provisions of the Beijing exchange became public, many Indonesians began to speculate who would be considered exempt from the requirement of formally choosing a citizenship. Indonesian newspapers learned from their "informed sources" and "sources near to the Cabinet" that the issue had been raised by Ali Sastroamidjojo's cabinet
First Ali Sastroamidjojo Cabinet
The First Ali Sastroamidjojo Cabinet was an Indonesian cabinet that served from 1 August 1953 until 24 July 1955.-Cabinet Leadership:*Prime Minister: Ali Sastroamidjojo *First Deputy Prime Minister: Wongsonegoro...
prior to the Prime Minister's departure for Beijing. It is believed the discussion came about because Minister of Health Lie Kiat Teng refused to participate in another option procedure. Although unconfirmed officially, these Cabinet sources reported that ethnic Chinese employees of the Indonesian government would be exempt from the procedure.
Chinese pressure for implementation
In China, the Standing CommitteeStanding Committee of the National People's Congress
The Standing Committee of the National People's Congress is a committee of about 150 members of the National People's Congress of the People's Republic of China , which is convened between plenary sessions of the NPC. It has the constitutional authority to modify legislation within limits set by...
of the National People's Congress
National People's Congress
The National People's Congress , abbreviated NPC , is the highest state body and the only legislative house in the People's Republic of China. The National People's Congress is held in the Great Hall of the People, Beijing, capital of the People's Republic of China; with 2,987 members, it is the...
ratified the treaty on 30 December 1957.
See also
- Nationality Law of the People's Republic of ChinaNationality Law of the People's Republic of ChinaThe Nationality Law of the People's Republic of China regulates citizenship in the People's Republic of China . Such citizenship is obtained by birth when at least one parent is of Chinese nationality or by naturalization....
- People's Republic of China – Indonesia relationsPeople's Republic of China – Indonesia relationsChina-Indonesia relations refer to the foreign relations between China and Indonesia.- Political relations :China and Indonesia established diplomatic relations on April 13, 1950, which was suspended on October 30, 1967 due to the occurrence of the September 30 event of 1965.The bilateral relations...