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Print Print 2019-08-10

Dual citizens in electoral process

Prime Minister Imran Khan has been an ardent advocate of overseas Pakistanis' voting right. Freshly enthused by the rousing reception he received from Pakistani-Americans during his recent visit to Washington, soon after return he chaired a cabinet meetin
Published August 10, 2019

Prime Minister Imran Khan has been an ardent advocate of overseas Pakistanis' voting right. Freshly enthused by the rousing reception he received from Pakistani-Americans during his recent visit to Washington, soon after return he chaired a cabinet meeting where it was decided to allow dual nationals to contest elections. The relevant ministries and the Election Commission of Pakistan (ECP) were asked to come up with a comprehensive plan for ensuring overseas Pakistanis could exercise their right to vote. Moving forward, Federal Minister for Parliamentary Affairs Azam Swati addressed a press conference to announce that a draft bill on the subject is ready and will soon be presented before Parliament for debate. He also disclosed that he had met with President Arif Alvi to discuss the issue of overseas Pakistanis' voting right. As per the Election Act, 2017, there is no legal bar on it, yet it could not be translated into action in the last general election despite the PTI's best efforts. Later, on the urging of the Supreme Court, it was introduced as a pilot project in by-elections for 37 constituencies of both National and provincial assemblies. Nonetheless, not many Pakistanis registered themselves as voters; even fewer exercised their franchise, evidently due to technical hitches. There is enough time for the ECP to better prepare itself for future elections.
Allowing overseas Pakistanis to participate in the political process, however, is a much more complex and emotive issue. It would require a constitutional amendment as the Constitution bars any person from being elected or chosen as a member of Parliament if he/she ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign state. Accordingly, last year the Supreme Court disqualified two senators for holding dual citizenships at the time of filing their election nomination papers. Six year, earlier, following a similar apex court ruling, the ECP had disqualified 11 lawmakers. This illegibility criterion is not peculiar to Pakistan, though many other countries have no such restriction. The fact that all the three major parties, the PTI, PML-N and PPP have political wings in the EU and North American countries shows overseas Pakistanis' deep interest in and attachment to their country of origin. It seems there is no harm therefore in letting them participate actively in the political process. But how far can they be allowed to go is a tricky issue from both their and national perspective.
The minister said that the draft bill proposes a middle way allowing dual nationals to contest elections on the condition that those who win would have to renounce their foreign nationalities before taking the oath as lawmakers. But problems will arise in case they seek government positions where they could be privy to sensitive information. In spite of giving up the other nationality, they might still feel pulls and pushes from their adoptive country, especially if they continue to have assets and families back there. It clearly is a delicate issue. All its positive and negative aspects would need to be thoroughly examined and debated.

Copyright Business Recorder, 2019

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