22 Dec 2014

Marshalls High Court to hear MP eligibility case

9:26 am on 22 December 2014

An unprecedented legal challenge over whether a naturalised citizen can stand for parliament in the Marshall Islands is underway.

An unprecedented legal challenge over whether a naturalised citizen can stand for parliament in the Marshall Islands is underway.

Majuro Atoll, Marshall Islands

Majuro Atoll, Marshall Islands Photo: RNZ

An American Jack Niedenthal, who became a Marshall Islands citizen in 2000 and has lived there for more than 30 years, is the first naturalised citizen to attempt to run for parliament.

However, both the chief electoral officer and the attorney general say he's not eligible.

Our correspondent, Giff Johnson, says they argue that according to election law, Mr Niedenthal needs to have a Marshallese mother or father, or traditional land rights via maternal lineage.

"The attorney general, in his interpretation, does address the control of the parliament, control of the political destiny of the country being in the hand of indigenous Marshall Islanders, and so that seems to be the train of thought that's motivating most of it."

Giff Johnson says Mr Niedenthal's attorney is arguing that his client meets the constitutional requirements, and legislation cannot trump the constitution.

The matter has been filed in the High Court, with a date for a hearing expected to be set in January 2015.