Dual Natl. Now Commissioner of Customs

Blackstar* · 06-07-2008, 04:01 AM

Re: How dare you – Mair

Conflict of interest: if there is an "out on the side" how committed can one really be to the long term interests of the country? Maybe dual nationals are fully committed to Jamaica but if they *have* to stick it out with the rest of the people who don't have an out, it lends that more legitmacy credibility to their actions.

**evanovitch** · 06-08-2008, 12:35 PM

The idiocy of disqualifying dual citizens

The idiocy of disqualifying dual citizens

Sir Ronald Sanders
The writer is a business consultant and former Caribbean diplomat

bbc.com

Electors in Caricom countries have a small enough pool of talent on which to draw for their elected representatives and ministers of government.
When their Constitutions prohibit them from electing their own citizens, who were born and grew up in their countries, because they acquire citizenship of other countries, electors are denied the chance to elect persons whose knowledge and experience could enhance the country’s governance.

It is now well established that more than 60% of the tertiary educated nationals of every Caricom country live abroad, and they have had to acquire citizenship of the countries to which they migrated in order to live and work.

Disqualified for election

But, the Constitution of every Caricom country disqualifies for election to the House of Representatives or nomination to the Senate, any person who “is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state”. In most cases, this means a citizen of the Caricom country who has acquired citizenship of another country.

This is the basis on which the Courts in Jamaica overturned the election of a candidate of the governing Jamaica Labour Party after the last general elections.

It is also why in 1999, candidates of the Antigua Labour Party, who were born in Antigua, relinquished citizenship of the US and Canada.

The identical clause appears in the all of Constitutions of the former British colonies, now members of Caricom.

It was inherited from Britain when each of the countries became independent and it has have never been changed even though the circumstances of these countries have changed.

Of course, there is a vested interest by rivals within political parties and in opposing parties for this constitutional provision to be preserved; it narrows the competition eliminating contenders who might be as well - if not better – qualified, and who the electors might prefer.

Contradictions to the rules

There are grave contradictions in many of these Constitutions which point to the idiocy of this disqualification.

For instance, in many cases the Governor-General of the country is not specifically required to be a citizen of the country.

In the Constitutions of the Bahamas, Barbados, Jamaica, Grenada, and St Vincent & the Grenadines, there is no requirement for the person holding the office of Governor-General even to be a citizen. 

So, it bizarrely appears that while the head of state in these countries can be a non-citizen or a dual citizen, a member of the legislature or a minister of government cannot. 

In the cases of Antigua and Barbuda, Belize, St Kitts-Nevis and St Lucia while there is a requirement for the Governor-General to be a citizen, there is no disqualification if the person holding this high office is also a citizen of another country.

And, there is more than one case in which the holder of this office is, or has been, a citizen of another country also. So, its Ok for Governors-General but not for legislators.

The Constitutions of Dominica, Guyana and Trinidad and Tobago, at least, impose the same disqualification on their Presidents as they do on their representatives to the legislature and, therefore, their ministers of government.

However, a further contradiction in all of the Constitutions is that if a foreigner acquires citizenship of a Caricom country, he is not required to renounce the citizenship of the country of his birth and he qualifies to be a legislator and a government minister.

So, a person who was born and grew up, say in Syria or Iran, but who has acquired citizenship of the Caricom country, can become a member of the legislature and government - and even head of government, but a person who was born in the Caricom country and grew up there is disqualified if, of necessity, he acquired citizenship elsewhere.

Allegience to the country of citizenship?

The assumption here seems to be that the person who has acquired citizenship is more loyal to the country whose citizenship he has acquired than to the country in which he was born and grew up.

There is, of course, the argument that if a person, born in a Caricom country but who has acquired another citizenship, wants to be elected to the legislature and become a government minister, he can relinquish his acquired citizenship.

But, the same argument does not apply to the person who was born outside of the Caricom country.

And while the constitutions of Caricom countries discriminates against their native citizens whose dual citizenship is permitted, Caricom governments are happy for the remittances they send home to help keep the economies afloat and to maintain social and political stability.

In 2006, remittances to Barbados was 9.4% of its GDP, St Lucia 10.4%, Belize 11.4%, Antigua and Barbuda 12%, Dominica 18%, Jamaica 18.3%, St Kitts-Nevis 18.5%, St Vincent & the Grenadines 26.4%, Guyana 30.1%, and Grenada 31.2%. 

Additionally, Caricom governments not only actively seek the assistance of their dual citizens abroad to lobby for their countries interests in Capitals such as Washington, London and Ottawa, they also openly encourage them to invest money in their native countries.

Some political parties also campaign amongst their dual citizens urging them to encourage their dependents at home to vote for them.

On this matter of dual citizenship, serious reflection on Constitutions of Caricom countries is required to face up to current realities.

Dual nationals may want to keep their acquired citizenship for very good reasons; it does not make them less loyal to their country of birth and should not disqualify then from the legislature or government.

Of far more importance than whether a citizen is a dual national or not is the oath of office that he would be required to take as a legislator or a minister of government, and the machinery that is in place to enforce it.

Just as a Governor-General can be a dual national but must adhere to the oath of office to defend and protect the country, it surely is time for the same standard to apply to parliamentarians and government ministers.

Many Caricom nationals now serve – or have served – in legislative and government ministerial positions abroad.

In the UK, there are - and have been - several Caribbean nationals in the legislature and government. Their oath of office, rather than the number of nationalities they hold is what makes them accountable.

Responses to: [email protected]

**Tuff Gong** · 06-09-2008, 04:17 AM

Re: Dual Natl. Now Commissioner of Customs

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: evanovitch</div><div class="ubbcode-body">
if that is the case den how we have Britishers as high officers in our police force...r they there to do good fi jamaica r juss collect inflated wages?...if we r to accept dat expats wen hired do work in the interest of the nation, why is it that a yaadie who cover him options in terms of having a way off di island , is being thought of as questionable in loyalty? </div></div>

The extra pay is made up by Britain I think. But this is the danger of expanding argument. The Pledging of allegiance only cover a small area in a finite amount of Offices, there are many opportunities for Dual Citizenship to serve even as Political Representatives.

The vetting was never done, or if it was, it was ignored; that by itself should disqualify those affected and should cast a dark shadow over the all the current Political Parties.

**evanovitch** · 06-09-2008, 05:47 PM

the public poll has spoken...curiously doah

'100% Jamaican MPs' - Majority denounce dual citizenship - Against seat handover to Dabdoub
published: Monday | June 9, 2008

A slight majority of Jamaicans (54 per cent) support the constitutional arrangement which restricts persons who have sworn allegiance to a foreign power from sitting in Parliament.

But even as they support the provision, six out of every 10 Jamaicans are opposed to the argument by defeated People's National Party (PNP) candidate Abe Dabdoub that he should be handed the West Portland seat after the court ruled that the Jamaica Labour Party's (JLP) Daryl Vaz was not eligible to sit in the House of Representatives.

The Bill Johnson team poll was conducted on May 31 and June 1 in 84 communities with 1,008 respondents. The poll has a margin of error of plus or minus three per cent.

Controversy

The dual citizenship controversy has been on the front burner since last year when Dabdoub first raised questions about the eligibility of at least one JLP candidate with dual citizenship to serve as member of parliament.

That has opened a can of worms, with heated debate across the island about the practicality of the constitutional provision and what action should be taken.

Not surprisingly, opinions have differed based on political ties and the Bill Johnson poll confirmed that many positions have been coloured by politics.

According to the poll, 54 per cent of the respondents agree with the constitutional provision while 33 per cent believe it should be changed.

Legal challenges

The majority of people who want the Constitution changed (46 per cent) say they support the JLP, which has found itself in trouble as at least four of its victorious candidates face legal challenges. Forty-three per cent of Labourites say the Constitution should not be changed; 11 per cent said they don't know.

Only 23 per cent of Comrades believe the Constitution should be changed, while 67 per cent are adamant there is nothing wrong with the constitutional provision. Ten per cent say they don't know.

The PNP has been at the forefront of the legal challenges brought against four government parliamentarians accused of having sworn allegiance to other states.

The party is also having a strong internal debate over the fate of one of its own members of parliament, Sharon Hay-Webster, who is an American citizen by birth and who has allegedly travelled on a US passport at least once.

The Bill Johnson team found that the majority (48 per cent) of independent electors do not want the Constitution changed, while 39 per cent back swift reconsideration.

The team also found the vast majority of Jamaicans do not believe that if the sitting member of parliament holds dual citizen-ship and does not qualify to sit in Parliament, the seat should be awarded to the defeated candidate.

That is the argument of Dabdoub, who has convinced the court to rule against Vaz's eligibility in West Portland.

Not satisfied, the attorney-at-law has gone back to court to challenge the ruling that a by-election should be held in the seat, while arguing that he should be declared member of parliament.

PNP split

But Dabdoub's position was rejected by 62 per cent of the respondents, who said a by-election should be held for the seat.

It is a debate that has split PNP supporters, with 47 per cent arguing that a by-election should be held, while 35 per cent believe Dabdoub should be handed the seat.

Among JLP supporters, the matter is more clear cut. Seventy-eight per cent support the chief justice's ruling for a by-election and six per cent saying the seat should be handed to the defeated candidate. Fifteen per cent are undecided.

A similarly overwhelming majority (70 per cent) of the uncommitted believe that a by-election should be held, while 11 per cent support Dabdoub's position that the defeated candidate should be given the seat.

**evanovitch** · 06-09-2008, 06:22 PM

Re: the public poll has spoken...curiously doah

Chuck hits back at Dabdoub 
Monday, 09 June 2008
House Speaker Delroy Chuck is blasting the People's National Party's Abe Dabdoub over statements he made over the weekend on the dual citizenship saga.

Speaking to party supporters in Brown's Town, St. Ann on Saturday Mr. Dabdoub claimed the Speaker of the House has the authority to remove persons not qualified to sit in the House.

This was Mr. Dabdoub's challenge to Mr. Chuck. 

"He, the Speaker is supposed to make sure that there are no strangers in the House and we know of at least four right now. So I say to the Speaker, do your job and stop being a blind man. You're a lawyer too so take your law book and read it," said Mr. Dabdoub.

But speaking to RJR News Monday morning, Mr. Chuck said Mr. Dabdoub was being disingenuous.
"The question of membership of the House is a matter for the court, it's not the prerogative of the Speaker to ask members if they're properly qualified to be where they sit in the House.

If I may say so ... this smacks of his ability as a lawyer not to recognize that the question of eligibility of dual citizens is still before the court," he said.

Mr. Chuck added that it was not the Speaker's responsibility to ask Parliamentarians to declare their citizenships status.

"It is a matter that the Attorney General can take to court or a member can bring (to the House) for a motion and ask the (Parliamentarians) to declare (their status). But it would be most inappropriate for the speaker to do so," said Mr. Chuck.

The case involving Mr. Dabdoub and Member of Parliament for Western Portland Daryl Vaz is still pending in the Appeal Court.

Dual Natl. Now Commissioner of Customs

Comment

Comment

Comment

Comment

Comment

ads