After observing the momentous event of Goa’s Liberation Day early on the morning of the 19th of December 2023, I was fortunate to walk on the soil of another former Portuguese Colony on the same day, i.e., in the Kingdom of Bahrain.
Colonial History reveals that in 1514, the fleet of Pêro de Albuquerque reached the island of Bahrain, and in 1515, Afonso de Albuquerque returned to Hormuz. The Portuguese built a fortress on Hormuz which became their main base. Together with Muscat and Curiate in Oman and Bahrain in the Persian Gulf, Hormuz became the base from which the Portuguese attempted to control access to the trading routes overland between the Indian Ocean and Europe.
The Portuguese fortress in Bahrain was built on the site of an Arab fort, which consists of three huge strongholds and two towers joined by a wall linking the strongholds together, and is surrounded by a trench. Qal’at al-Bahrain in Manama, Bahrain was first occupied by the Portuguese in 1521 and was later enlarged in 1559.
According to Historian Dr Kenneth Maxwell, the Portuguese held Bahrain until they were expelled by Shah Abbas of the Safavid dynasty of the Persian empire in 1602. Dr Maxwell, in his 2019 Article entitled: “The Portuguese in the Persian Gulf: Hormuz, Bahrain, and Mosul,” has clarified that the key position of the Portuguese on the island of Hormuz, which controlled access to one of the world’s most strategically important choke points, was lost to a joint Persian and English army and flotilla in 1622 when some 2,000 Portuguese inhabitants were expelled to Muscat. Bahrain was occupied by the Portuguese Colonial Regime from 1521 until 1622 effectively.
Interestingly, in having interacted with the tranquil people of Bahrain, a sense of their violent memories of the Portuguese Colonial Occupation of Bahrain can be palpated from their demeanor. The Bahraini people simply mention that the Portuguese Colonists existed on their ancestors’ lands for some time before they were expelled. Such is the spirit of independence of the Bahraini populace.
From a consular perspective, Bahraini Nationals would require a Visa to enter Portugal and similarly, Portuguese Nationals would also need to acquire a Visa to enter Bahrain. Foreign relations have only been re-established between Bahrain and Portugal on 10 June 1976.
With regard to the Portuguese Law: On the 24th of June 1974 vide Decree-Law 308-A/75, Portugal effectively addressed the matter of Portuguese citizenship for those born or living in the overseas Portuguese territories that had gained independence. While the presumption was that these persons would assume the citizenship of the new state, the Decree-Law had stipulated that Portuguese citizenship would be retained by those persons who were born in Portugal but lived in one of the colonial territories. This law on the 24th of June 1974 would also be applicable to those persons who, by virtue of being born in the colonial territories, had resided long-term in Portugal. All the other cases who were not covered by one of these situations would presumably lose their Portuguese citizenship ‘ex lege’ which translates from Latin as being “by operation of law”.
It has been well documented that Decree-Law 308/75 of the 24th June 1975 was a response to the loss of Portuguese citizenship by many people born in former territories of Portugal in Africa and elsewhere that had acquired independence. In other words, it maintained Portuguese citizenship for persons who had not been born in those territories but were now living there, and those who maintained a connection with Portugal itself by long-term residence.
In February 2020 in the Report on Citizenship Law: Portugal which was composed by Ana Rita Gil and Nuno Piçarra of the European University Institute: “The legislation (Decree-Law 308/75 of the 24th June 1975) was the source of confusion and object of criticism, for, among other reasons, its inherent removal of citizenship from some persons and its path to statelessness for others.”
With respect to the Acquisition of Portuguese Citizenship, Gil and Piçarra (2020) surmised that:
- “Any person born in Portugal automatically receives citizenship at birth if at least one parent is a Portuguese citizen.”
According to the Lei Orgânica 26/2022 (in Portuguese) which is accessible at the Diário da República Eletrónico:
- Individuals born in the country to non-citizens acquire citizenship at birth if at least one parent has been resident in Portugal for at least five years prior to the time of birth or was them self born in Portugal and resident in the country at the time of birth.
In the Report on Citizenship Law: Portugal (2020) published by the European University Institute:
- Stateless children born in the country automatically became citizens with no further requirements;
- Children born overseas to a Portuguese parent would be eligible to acquire citizenship by descent if their births have been registered at a Portuguese diplomatic mission or if they registered as citizens at any later point;
- Grandchildren of Portuguese citizens could also acquire citizenship by descent with additional requirements whereby they would be required to formally declare their intention of becoming Portuguese, by having proven substantial ties with the nation, and by registering their births in the national registry. (Gil & Piçarra, 2020, pp. 16);
- Adopted children of Portuguese citizens would automatically acquire citizenship upon completion of the adoption process Gil, Ana Rita; Piçarra, Nuno (February 2020 (Gil & Piçarra, 2020, pp. 17).
Now, in arriving upon the pragmatic reality of Portuguese Nationality through the Colonial Route, it seems that more than enough time has been allowed to Goans in choosing whether they wish to acquire the bona fide and complete nationality of Portugal or whether they would prefer to continue as Indian citizens. This indecisive choreography of dancing in two boats does not abide well with the already established law since India does not recognize dual nationality with Portugal or with any other international state for that matter.
By virtue of the operation of the law (ex lege), the diplomatic relations between India and Portugal would be better off in setting a designated time limit for the acquisition of Portuguese Nationality through the Portuguese Colonial route.
