Dual nationality--- Dual loyalties?
One
can imagine that it is difficult for someone who has lived in one
country most of their life to comprehend and assimilate, why anyone
would want Dual Nationality? Because, dual nationality/citizenship,
could without hesitation, imply dual loyalties and that is what gives
rise to the very uncomfortable question:
How
on Gods earth , a person could be loyal to two countries, particularly
if one has political rights or works in government jobs?
There
are some governments,who feel it isn’t…India for example. It had mulled
over giving dual citizenship to its citizens but finally decided not
to...
It is matter of common sense and logic, that no
constitution in the world could recommend,entail nor permit dual
allegiance ! Which in simple terms means owing loyalty to another
country's constitution,apart from his own! That is why they remain
silent on this issue.
Some countries which allow Dual Citizenship
Canada
Russia
France
Israel
United Kingdom
United States
Australia
Pakistan
Some countries which forbid Dual Citizenship
China
India
Philippines
Germany
Japan
Understandably, there are numerous advantages that a dual passport holder avails…but many of them are financial.
If he/she is a business traveler then it means less wastage of time in getting visas, permissions etc.
If
he travels to his other country. It also means that there is no problem
buying property in that country or getting access to restricted areas.
And he can avail of these benefits from both countries!
There
is also the infinite advantage…of belonging. It’s not easy to get a
sense of belonging to the adopted country unless one is born and brought
up there…and a citizenship of the home country can give that sense of
being rooted, or a sense of emotional satisfaction. This will vary from
person to person but I suspect that giving up one’s Pakistani
citizenship would be a heart wrenching decision for most people!
However,
where there is advantage there are could be some negative aspects as
well. For instance it could misuse the dual citizenship to do harm to
the country. As dual citizenship means ease of travel (no requirement
for visas) it could come of use to anyone with a terrorist intention,
spying or any other nefarious designs out of choice or pressure under
the allegiance given by sworn Oath to the adopted country...
This
is exactly the question which is presently doing rounds through the
minds of those Pakistanis, who have lived their whole lives in Pakistan
.Especially, now in light of the Honorable, Chief Justice of the apex
court of the country, recent judgment on a petition filed by a citizen
citing dual nationality holders occupying higher level public offices
as a security risk, Thus disqualifying Ms.Farah Ispahani., from being a
member of the National Assembly of Pakistan, on the basis of her holding
dual citizenship of the USA and that of Pakistan,
In his ruling the honorable CJP expressed the following concerns
"According
to the contents of the US citizenship document” a person has to
renounce citizenship of the country they were born in when they attain
US citizenship."
"Also, when a person swears in for the US
citizenship, they need to be loyal to the US and if needed, they have
to take part in war and also perform their duty as non-combatant."
The court said that this also means that Ispahani could be given the task of spying."
The
court questioned why she had concealed this fact before sitting in the
National Assembly, as she “might have collected secret information
regarding sensitive matters, particularly defense and foreign issues.”
Dual nationality: SC suspends Ispahani’s NA membership
tribune.com.pk
http://tribune.com.pk/story/384067/dual-nationality-sc-suspends-ispahanis-na-membership/
Importantly,
the law already exists in the form of an Article 63-1 (c) of the
Pakistan constitution. More so, the Article has been already added to
clauses relating to qualification and disqualification under the 18th
amendment...The law is there but a mechanism was not in existence to
implement it. Thus seems that the Supreme Court of Pakistan filled that
void and the loophole.
Poll bar on holders of dual-nationality.
http://www.dawn.com/2011/07/05/poll-bar-on-holders-of-dual-nationality.html.
To
enlighten myself about the same observation and concern expressed by
the honorable Chief Justice .I searched the net for the exact Oath of
Allegiance, to which the naturalized citizen’s are sworn too .It is
append below with the link:
“The Oath of Allegiance to the United States
The following is the text of the Oath of Allegiance:
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
the laws of the United States of America against all enemies, foreign
and domestic;
that I will bear true faith and allegiance to the same;
that I will bear arms on behalf of the United States when required by the law;
that I will perform noncombatant service in the Armed Forces of the United States when required by the law;
that I will perform work of national importance under civilian direction when required by the law; and
that
I take this obligation freely, without any mental reservation or
purpose of evasion; so help me God.
http://www.usconstitution.net/consttop_citi.html “
Further on in my search I also discovered that according to the US,
Immigration and naturalization law under their constitutional 14th
amendment their citizen ship could stand revoked. It read as cited
below:
“Involuntarily Losing Your US Citizenship (De-naturalization)
Both
the State Department and the USCIS have specific laws and regulations
they must follow in determining whether someone’s US citizenship should
be taken away.
2. Holding A Policy Level Position In A Foreign Country
If
you become an elected official or hold a policy-level position (like an
ambassador, cabinet minister, or any high level administrative position
where you make government policy) in your native country or a foreign
country, you run the risk of losing your US citizenship.
For further information, see the State Department’s circular: ADVICE ABOUT POSSIBLE LOSS OF U.S. CITIZENSHIP AND SEEKING PUBLIC OFFICE IN A FOREIGN STATE. http://www.newcitizen.us/losing.html
http://travel.state.gov/law/citizenship/citizenship_779.html
Similarly, though the US
does allow holding dual nationality, but under their Immigration and
naturalization act, ensures the allegiance of the citizen has to be
single, that is only to the constitution of the US,
in both cases. Rather the naturalized citizen has to renounce his/her
allegiance to his country of birth as is evident from the Oath of
Allegiance.In a nutshell, what one can safely assume is that the US
permits naturalized Nationals or Citizens to hold dual nationality, but
not without making certain at the same time, it does not compromise
their national interest and security.
Obvious
enough those in Pakistan, who hold dual nationality and at the same
time are enjoying and reaping the benefits of having occupied and
placed in higher level public offices in their native country,very
intelligently to protect their personal interest attempt to
advance an argument using the shoulders of those Overseas Pakistanis,
who though are holder of dual nationality, but retain it only for the
simple convenience aspect of the financial and travel etc cited already
above.
However, to counter their (Overseas Pakistanis) apprehension and fears of losing the advantages they had with dual nationality.
I append below a way through which India, which does not allow Dual
Nationality had adopted to accommodate and facilitate their citizens
abroad... Pakistan to could come out with a similar scheme to facilitate
the overseas Pakistanis...But it is suggested that the dual nationality
holder if permitted to continue availing this relaxation, should not
under any circumstances or pressure be allowed to hold Policy level
Positions in the GOP, Parliament etc.
It is known as the
Overseas Citizenship (OCI) scheme. It gives the holder financial
benefits and ease of travel…but it’s important to remember that the OCI
does not entitle one to an Indian passport. Some might call the OCI
Indian citizenship but no way does it mean Indian nationality or real
Indian citizenship. The OCI is simply a stamp on the existing foreign
passport…in other words something akin to a life-long visa. Those
eligible are Indian migrants from Independent India (and their children
and grandchildren) who have acquired foreign citizenship…but not those
who have acquired citizenship of Pakistan or Bangladesh or ever were the
citizens of these countries. The OCI gives the following benefits:
Right to indefinitely visit, study or work in India
Right to own most types of property in India (excluding agricultural properties)
Dispenses with the need to register with local police/immigration authorities
But what it does not give is:
Right to vote
Eligibility for government employment
Unrestricted access to restricted/protected areas
(For more details on the OCI, please visit make inquiries with the Indian embassy as these are just brief details)...
The Person of Indian Origin (PIO) Card
Very
similar to the OCI, and so are the eligibility criteria….if there is a
difference in the eligibility criteria then that information could not
be obtained. Nevertheless,the main difference between the OCI and the
PIO is that the PIO is temporary and lasts for 15 years from the date of
issue. Also, PIO Card holders are usually required to register with
police/immigration authorities if they stay more than 180 days.
The
other benefits are similar…and as in the case of the OCI, holders of
the POI have no political rights and cannot hold jobs in the
government...
Unfortunately, in Pakistan, many parliamentarians are stated to be having foreign nationalities;
besides their spouses and children, some of whom are either born or
have acquired nationality of the other country.Similar is the case of
many government officials and their families; a few are sitting at
even the highest policy – making level...
It becomes very hard
to digest that such people,could have interest in Pakistan, other
then availing themselves of perks and privileges attached to the
position and status they have been enjoying in the country of their
birth...
It is regretful that because of
the flawed law, even some prime ministers had US citizenship. For
instance, Moin Qureshi and Shaukat Aziz...When they landed in
Pakistan, they had American passports. What happened to economy
during the latter's tenure as Prime Minister and Finance Minister,
respectively, is no more a secret....
Had the the amendment to
the Constitution been brought through the bill,it would have been a
great service to the nation. By clogging many loopholes of corruption
and improprieties committed by members/officials whose loyalties be with
the country they had taken the oath allegiance of and not to Pakistan.
The
nation in my humble opinion should re-take to the members of
the ruling party, as well as to those sitting in opposition benches, to
work in unison in the greater interest of the country and bring an
amendment to the Constitution of 1973 so that those who obtain
nationality of other countries as a choice can be stopped from holding
public offices or membership of assemblies.
In
conclusion, in my personal opinion it is suggested that the dual
nationality holding if at all permitted to continue availing then it
should not under any circumstances or pressure be allowed to hold Policy
level Positions in the GOP, Parliament etc. Reason being that those
who took the oath of allegiance of another country had automatically
withdrawn loyalty to the country of their birth. As a result, they are
most likely bound to serve the interest of their newly acquired
nationhood !
PAKISTAN FIRST--PAKISTAN ZINDABAD
P.S...Link
to my last note on this same issue.. Bill seeking ban on dual
nationality lapses ?
http://www.facebook.com/notes/mushtaq-sethi/bill-seeking-ban-on-dual-nationality-lapses-/205061846203645
