New dual nationality politicians

According to press reports, the government is introducing the 26th Constitutional Amendment Bill in Parliament that seeks to change Article 63(1)(c). The Amendment states that a person shall be disqualified from being elected or chosen as, and from being, a member of Parliament, if he “in case of dual citizenship does not provide as a conclusive proof the certificate of renunciation of citizenship of a foreign state before taking oath.” It substitutes “if he ceases to be a citizen of Pakistan or acquires the citizenship of a foreign state.” The concept of dual nationality means that a person is a national of two countries at the same time. Pakistan allows dual nationals of Pakistan origin to possess dual nationality of prescribed 20 countries such as the USA, the UK, Canada, Germany, and even Egypt, Bahrain, or Syria, (and possibly the UAE soon). However, some countries, such as China and India, do not recognize dual nationality of their citizens on their soil and can cancel their citizenship automatically. An Indian dual national may register as an “Overseas Citizen of India” and receive a multi-entry permanent visa, exempted from registering as a foreign national, and is entitled to all rights of non-resident Indians but has no political rights in India.

It is, of course, the fundamental right of any citizen to have dual nationalities and, over the past decades, Pakistanis have obtained dual nationalities for reasons such as family links, insecurity in the country, better job opportunities, or political asylum, etc. The Pakistani Diaspora, which is about nine million and which is the sixth largest Diaspora spread in over 150 countries has, in many cases, played an important role in their country of residence. Pakistani origin professionals in medical, information technology, engineering, research and development, and even in local or national politics, have been acknowledged and applauded. Many from the Diaspora, who still have roots in the motherland, either visit, or send financial resources to their families, or even invest in the country. Most of them are deeply concerned about the affairs in the country of their origin.

There has always been a demand, and it is rising with every day, that dual nationals should be allowed to participate in the nation’s election process and stand for elections. The Ministry of Overseas Pakistanis is strongly advocating this premise and the proposed Amendment is an outcome of this forceful lobbying. There are around 100 countries in which expatriates cannot cast votes in general elections. However, in the 2018 elections, around 6,000 expatriates voted online after the Supreme Court, led by Chief Justice Saqib Nisar, ruled in favor of Overseas Pakistani’s right to vote if they possessed passport, NICOP or CNIC.

The media also reported that if the Amendment is approved by Parliament, there will be no bar on a dual national contesting elections but he or she has to give up his or her foreign citizenship before being administered oath. A loophole has thus been provided to aspirants to retain their dual nationality and go back to the foreign country if they lose the election. There is a large segment of Pakistanis that vehemently opposes the notion that dual nationals be allowed to stand for elections. A dual national has divided loyalties and is, technically, a 50% Pakistani and 50% foreign national (and in many cases, 100% foreign national). Parliament enacts laws for the citizens who adhere to the ideology and pledge allegiance to the flag of the country. Amending the Constitution to allow dual nationals to vote and stand for election is usurpation of rights of Pakistanis who dwell in the country. Fernando Cardoso, a former president of Brazil, once stated that “Democracy is not just a question of having a vote. It consists of strengthening each citizen’s possibility and capacity to participate in the deliberations involved in life in society”.

It is also imperative to know the Oath of Citizenship that immigrants have to take in order to obtain citizenship of the foreign country. Take the USA Oath, for example. “I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same”. The words of the United Kingdom Oath of Citizenship are: “I swear by Almighty God that, on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law .... I will give my loyalty to the United Kingdom and respect its rights and freedoms”.

The fact of the matter is that you can’t have your cake and eat it too. The seriousness, passion and love for Pakistan are of prime importance, and these conditions are seldom entrenched in a person carrying two passports. In the past, dual nationals have voluntarily renounced their foreign citizenship in order to enter the political arena. Yes, it is also true that some of them “neglected” to mention their dual nationality when filing nomination papers. When they were caught for perjury, they lost their seats. Yes, it is also rumored that even today, a few dual nationals sit in Parliament and Assemblies and maneuver their way out of the legal net. Yes, there is also a possibility that if dual nationals are allowed to contest elections, they may “discover” a slightly open window to wriggle out of renouncement of their foreign citizenship.

The fact of the matter is that dual nationality should be banned or barred in other sectors too. The government can start with federal and provincial officials, executives of state-owned enterprises, judiciary and armed forces. Furthermore, the Ministry of Commerce should move an Amendment in Trade Organizations Act 2013 to disqualify and bar dual nationals from becoming office bearers of business federations, chambers and associations. Pakistani organizations should be run by 100% patriotic Pakistanis. For the dual nationals, one couplet says it all: “Jin darakhton per parindo ke ghar nahi hotay/ araaz qud jitnay bhi hon, mautabar nahi hotay”

(The writer is Former President Employers Federation Pakistan. The views expressed in this article are not necessarily those of the newspaper)

Copyright Business Recorder, 2021