§ LORD BARNBYasked Her Majesty's Government :
Whether they will state:
- (a) The Statute under which Asian residents of Uganda who have not enjoyed Ugandan citizenship and may have never been to the United Kingdom, appear qualified for obtaining access to temporary or permanent residence into the United Kingdom;
- (b) What other process of Law (apart from vouchers for individuals with special qualifications who may obtain vouchers for temporary residence) establishes such claim for them in distinction from other non-citizens of Uganda who appear unable to establish such claim.
§ THE MINISTER OF STATE, FOREIGN AND COMMONWEALTH OFFICE (BARONESS TWEEDSMUIR OF BELHELVIE)Under the British Nationality Act 1948 Asian United Kingdom nationals in Uganda fell into two main categories: citizens of the United Kingdom and Colonies and British Protected Persons. Under the Uganda Independence Act 1962 those in1662WA either category who did not become Ugandan citizens automatically under the Constitution retain their former status unless, in the case of citizens of the United Kingdom and Colonies, they have renounced their citizenship or, in the case of British Protected Persons, they have acquired Ugandan citizenship, in which event they automatically lose their status as British Protected Persons.
Entry to the United Kingdom is normally governed by the Commonwealth Immigrants Act but we have an international obligation not covered by statute to accept United Kingdom nationals expelled from any country who have no other place to go to. Apart from certain dependants of United Kingdom nationals, we have no obligation to accept Asians who are not United Kingdom nationals.
§ LORD BARNBYasked Her Majesty's Government: Whether the authoritative statement of the Attorney General on the subject of Uganda Asians (in which he said that the possible Statelessness of individuals who are a British responsibility involved their acceptance into the United Kingdom or dependencies) does or does not establish an obligation upon the United Kingdom alone for accepting them, considering that the words used appear to imply that any international obligation which may lie upon this country would be discharged if such persons were accepted into any British dependency.
§ BARONESS TWEEDSMUIR OF BELHELVIEThe statement made by the Attorney General on August 30, 1972, in the course of which he described the legal position of the United Kingdom citizens of Asian origin being expelled from Uganda said
Under International Law, a State is under a duty, as between other States, to accept on its territory (in our case the United Kingdom or any dependency under the United Kingdom sovereignty) those of its nationals who have nowhere else to go.The international obligation of the United Kingdom to accept its citizens expelled from another country who have nowhere else to go would be discharged if such persons were accepted into a British dependency.