طیف سنجی رویکردهای موجود نسبت به ایرانیان دوتابعیتی و مسئولیت دولت در قبال آنها (مقاله علمی وزارت علوم)
درجه علمی: نشریه علمی (وزارت علوم)
آرشیو
چکیده
دوتابعیتی ها از مباحثی است که سال ها به مسئله ای بعضا چالش برانگیز در جمهوری اسلامی ایران مبدل شده است. در این پژوهش با روش کیفی و با تکیه بر اصل مسئولیت دولت ها تلاش می شود ارزیابی آسیب شناسانه رویکردهای موجود در قبال ایرانیان دوتابعیتی تبیین گردد. پرسش اصلی آن است که «رویکردهای موجود نسبت به ایرانیان دوتابعیتی کدامند و مسئولیت دولت ها در قبال آنها چیست؟» فرضیه اصلی این است که غالب شدن دیدگاه صرفا تهدیدمحور و یا فرصت محور طی چند دهه اخیر در میان دولت ها بجای تدوین سیاست های میانه رو در کنار پیچیده تر ساختن مسئله ایرانیان دو تابعیتی و حتی فاصله گرفتن بیشتر ایرانیان خارج از کشور، هزینه های بسیاری را برای منافع ملی ایران رقم زده است. در ادامه، این امر مورد بررسی قرار می گیرد که با توجه به مسئولیت دولت ها در اموری همچون پیگیری و حفظ حقوق اتباعشان در داخل و خارج از کشور، فراهم سازی زمینه های لازم جهت فعالیت اجتماعی و اقتصادی تمامی اتباع ایرانی و ... ایجاد تعادل میان دیدگاه منفی و مثبت مسئولان از یک سو و ایجاد جاذبه های اعتمادساز در میان دو تابعیتی ها از سوی دیگر می تواند زمینه ساز الگوی بهینه حل و فصل معضل ایرانیان دوتابعیتی گردد.Analysis of Existing Approaches Towards Iranians with Dual Citizenship and the State's Responsibility Towards Them
Introduction The term dual citizen or dual national refers to an individual who is legally recognized by two countries at the same time. Dual citizenship has been a challenging issue in the Islamic Republic of Iran for many years. The current study aimed to evaluate the existing approaches towards Iranians with dual citizenship, focusing on the principle of state responsibility. Key issues in this context include the implementation of laws concerning Iranian nationals, moral responsibility for providing compensation, fostering hope and preventing feelings of discrimination, building capacity, and looking for international capacities. Additionally, using the experiences of other countries is crucial in fulfilling the state responsibilities towards Iranians abroad and those with dual citizenship.In this respect, the research sought to answer the following questions: What are the existing approaches towards Iranian dual nationals? And what is the state responsibility towards them? The study is based on the hypothesis that the predominance of either a purely threatoriented or purely opportunityoriented perspective over the past few decades, rather than formulating moderate policies that capitalize on opportunities while minimizing threats, has not only complicated the issue of Iranian dual nationals but has also alienated Iranians abroad from their homeland. This has resulted in significant costs to the national interests of the Islamic Republic of Iran, both domestically and globally.Literature ReviewIn his Persianlanguage book titled Citizenship and Dual Citizenship From the Perspective of International Law and Iranian Judicial Procedure (2018), Farahdoost examines the Iranian legal system, particularly its jurisdiction on these issues, and assesses the similarities and differences between international law and Iranian judicial procedure in this respect. Similarly, Boll (2007), in Multiple Nationality and International Law, adopts a political perspective and provides a comprehensive review of governmental practices about dual citizenship in more than 75 countries, including Iran.Materials and MethodsWhile classical approaches to the concepts of citizenship and dual citizenship are based on a hard perspective, the current research adopted an innovative qualitative approach to explore the evolution of major conceptions about citizenship and dual citizenship. To collect the data, the study relied on library resources, including relevant books, articles, and laws. Concerning the theoretical framework, the analysis utilized the concept of state responsibility to provide the necessary groundwork for evaluating the evolution of citizenship and dual citizenship. Concerned with the role of states as the main decisionmakers in both domestic and foreign arenas, the state responsibility encompasses safeguarding national interests and protecting citizens both at home and abroad.Results and DiscussionAn estimated five to eight million Iranians live abroad, with some holding dual citizenship. At the beginning of the Islamic Revolution of Iran or during the Iran–Iraq War, a group of Iranians emigrated to avoid military service or to secure better education and future prospects for their children. In recent decades, most of them have obtained the citizenship of another country. They significantly differ from those who left Iran for political reasons and obtained citizenship in another country. It is not justified to ban all these individuals from participating in Iran’s political, economic, social, and cultural activities simply due to their dual citizenship.In this respect, there are three perspectives on Iranian dual nationals. First, some believe that dual nationals represent an opportunity rather than a threat to the country. They argue that these individuals should be leveraged for the nation’s benefit. The state must understand their unique conditions and pave the way for using their capacities. In fact, immigration and dual citizenship are common in the age of globalization. The state is obliged to create a favorable economic situation for everyone.When the situation is far from favorable, dual citizenship should not be criticized for economic reasons. Moreover, when the state fails to fulfill its responsibility to create competitiveness among talents, criticizing Iranian dual nationals is unjustified. Some individuals have become dual citizens simply because they were born outside of Iran, and this should not be viewed negatively. The second perspective views dual citizenship as a threat to the country, emphasizing that citizenship and political loyalty to the government are inseparable. According to the Constitution of the Islamic Republic of Iran, no one has the right to dual citizenship.They argue that it is very difficult for a person to fulfill their duties to two states simultaneously. Adopting a middle stance, the third perspective criticizes the lack of comprehensive and integrated policies, which has resulted in underutilization of the human and financial capital of Iranians abroad. It calls for the development of a systematic and sustainable strategy to create and maintain social capital.Considering the high level of human capital and the educated population in Iran, it is natural for them to seek job opportunities abroad if enough opportunities are not created at home. Iran’s low ranking in competitiveness, as well as in social and political opportunities, contributes to the phenomenon of dual citizenship.ConclusionAs highlighted by the third perspective, it is the state’s responsibility to pursue and protect the rights of its citizens both domestically and internationally. It is thus essential to create the necessary groundwork for the social and economic engagement of all Iranian dual nationals. This involves building capacity for training skilled and efficient work force, minimizing threats, and increasing opportunities in the international arena. Balancing the negative and positive views of officials, fostering trust between the government and dual nationals, and learning from the experiences of other countries can provide a solid foundation for coherent and effective policymaking.This approach can help develop an optimal model for addressing the challenges faced by Iranian dual nationals and leveraging their potential to secure national interests.The initial steps toward this goal include issuing national identity cards to Iranians abroad regardless of their dual citizenship status, establishing electronic systems to answer their inquiries, and developing an automated system to inform and reassure those planning to visit Iran. A crucial step is dispelling the perception among dual nationals that they might be detained if they travel to Iran and used as political leverage against Western countries. Additionally, formulating a strategic and comprehensive policy to address the issues faced by dual nationals represents a key final step in achieving this objective. These measures will help fulfill the state’s responsibilities toward its dual nationals.
تبلیغات
