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Print Print 2019-01-28

Dual nationals

Different countries take a different approach to dual citizenship. Some accept it others do not, such as Australia, where a couple of years ago the then deputy prime minister, Barnaby Joyce, had to give up his job because he also had New Zealand citizensh
Published January 28, 2019 Updated July 29, 2019

Different countries take a different approach to dual citizenship. Some accept it others do not, such as Australia, where a couple of years ago the then deputy prime minister, Barnaby Joyce, had to give up his job because he also had New Zealand citizenship - though only for having been born there. Pakistan permits dual nationality, but there is no clarity as to whether or not such people are entitled to hold public office or other 'sensitive' positions. It may be recalled that back in 2012, while hearing a case concerning lawmakers the Supreme Court had ruled that a person who ceases to be a citizen of Pakistan or acquires citizenship of another country should be disqualified from being a member of Parliament. Consequently, nearly a dozen members of the National Assembly, Senate, and provincial assemblies were disqualified.
The issue resurfaced recently when the appointment of a British-Pakistani, Syed Zulfiqar Bukhari, as Special Assistant to the Prime Minister on Overseas Pakistanis and Human Resource Development was challenged. He had defended his position arguing that he was neither a member of the cabinet nor attended parliamentary proceedings, yet he faced incessant criticism from political opponents. The case, once again, landed in the apex court. The court also took suo motu notice of the issue as it related to senior government officials (according to a Establishment Division report, some 213 officers serving in various ministries, divisions and autonomous bodies, held dual citizenship) as well as members of the judiciary. Last month, the federal and provincial governments were directed to set deadlines for all such people to quit their jobs or second nationality. The court also instructed the government to initiate legislation and take necessary measures to stop the practice. At the back of these cases has been the concern that people in allegiance to a foreign power could use their positions to compromise national interest, or transfer ill-gotten money to their second homes for other ends. That may not be true in all instances, but there are several reports showing such individuals have been found to be involved in laundering ill-gotten money for buying expensive properties abroad.
The federal government has now moved to frame a policy on the issue in the light of the court directions. According to a press report, letters have gone out to all concerned departments, registrars of high courts, and secretaries of provincial assemblies with guidelines for overseas Pakistanis' employment eligibility. The federal and provincial governments are to prepare negative lists of the posts on which Pakistanis having dual nationality or those whose spouses possess dual nationality should not be appointed "keeping in view the national security". They can only be employed on the approval of federal or provincial cabinets. It is good to note that the government is also mindful of the complaints of holders of Pakistan Origin Cards rather than the National Identity Cards that they are given step-motherly treatment. The letters say they should be issued visas and work permits. And that those working without visas and work permits should apply for the same. Hopefully, a clearly defined policy will soon be announced and effectively implemented, too.

Copyright Business Recorder, 2019

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