Dr. Ashraf al-Rifai
Associate Prof.International Private Law – KILAW

Abstract

The principle of equality in general and the principle of equality in the exercise of public functions in particular are among the most important humanitarian principles that nations and peoples are keen to uphold and are a priority among human rights. Every protection of these rights must be decided in the principle of equality, otherwise, its execution without the realization of this principle violates the same right. An establishment of rights cannot be rectified with the exclusion of a group of citizens for any reason. This principle first appeared with the notions of the French Revolution, including declarations, charters, international conventions and constitutions of states as one of the most important pillars of a legal state. The exercise of public functions is also a political right that is restricted to citizens only.
The researcher presented the subject in three sections, the first of which dealt with the principle of equality in general, and this included the definition of the principle of equality and the legal basis of this principle in the declarations of rights, covenants and international conventions, in some Arab and foreign constitutions. The second section deals with naturalization and the principle of equality in public service. This guarantees equality in public service in the declarations of rights, covenants, international conventions and in the constitutions and laws of the civil service of some countries. The third section discusses the position of comparative legislations regarding the naturalization of public functions. This includes a presentation of some of the legislations of countries that have adopted the principle of full equality in public service between the naturalized citizen and the original citizen, and some legislations that have issued a ban on naturalized citizens in the constitutions to hold certain positions such as a Prime Minister, his deputies, ministers and their deputies, while other constitutions did not include this prohibition, but rather included it in the laws of nationality by setting a time limit on the naturalized citizens to hold certain positions that varies from a country to another, ranging from five to twenty years from the date of naturalization. This section also includes holding certain positions governed by specific laws by naturalized citizens. These positions are those of the diplomatic and consular corps and judicial functions. There is no problem in the Arab legislations in these positions being held by naturalized citizens after the expiration of the period stipulated in the Nationality Law, except for the Egyptian legislator which posed a conditions in holding a position in the diplomatic corps stipulating that both parents of the position holder should be Egyptian, and it also prohibited appointing naturalized citizens in the army and police forces ranging from a police officer to a watchman. The rest of the Arab legislations, in particular the legislation of the GCC countries, did not prohibit this on the naturalized citizens except in relation to the function of the Officer only.
The research concluded that there is a need for full equality between the naturalized citizen and the original citizen in public service by amending the constitutional provisions that prohibit naturalized citizens of holding political positions and the provisions of the nationality laws of some countries that impose time restrictions on holding certain public jobs in the special laws of some States which prohibit assuming the functions in the diplomatic corps and positions in the army and the police force.

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