Debate on dual citizenship for exiles

Opinion — By admin on March 5, 2010 11:49 pm

By Sanderson Makombe

Dual Citizenship for Zimbabweans Abroad: The Debate.

Much consternation was felt in the Zimbabwean Diaspora community when ZANU PF’s alleged red areas on constitutional reform were exposed. The myopic position adopted by ZANU PF is hardly surprising nor uncalculated.

I believe it is their firm belief that the current generation of Diasporas have witnessed, and suffered grossly through their misrule that they owe no allegiance to them, and to some extend, to Zimbabwe as a whole.Any conference of rights to them would exacerbate ZANU PF’s precarious position in any election called in the short term.

The debate on dual citizenship is not peculiar to Zimbabwe . It is a situation faced by many emigrates worldwide. The current position with regard to Zimbabwe is that dual nationality/citizenship is outlawed. 

Contrary to assertions made on a NewZimbabwe.com article the constitution does not expressly prohibit dual citizenship. What the constitution does is empower an act of parliament to withdraw,prohibit or limit citizenship entitlement. 

Section 9 of the Zimbabwe constitution, on Powers of Parliament in relation to citizenship provides: An Act of Parliament may provide for: (a) The prohibition of dual citizenship; (b) procedures for the renunciation of citizenship; (c) the circumstances in which persons qualify for or lose their citizenship by descent or registration; and (d) any other matters regarding citizenship. 

Accordingly, The Citizenship of Zimbabwe Amendment Act No. 12 of 2001 was enacted on 6 July 2001 to provide for prohibition of dual and/or multiple citizenship and the time and manner to renounce foreign citizenship (in the case of a person with dual citizenship]. 

The political motivation of this Act can be traced to the results of the 2001 constitutional referendum, the subsequent farm invasions, the 2000 parliamentary elections and the then impending 2002 presidential elections. Its sole aim apparently was to disenfranchise the white vote and the large farm worker base that ZANU PF inferred were more likely to vote for the MDC than for the rogue regime.

It is approximated that 4 million plus Zimbabweans are currently living outside its borders and the numbers continue to swell if you consider the new born[s]. Advocates of dual citizenship argue that immigrants to the more developed world gain so much knowledge, skill and capital that to fail to tap into that reserve is foolhardy for any nation. 

Instead of lamenting brain drain, innovative governments have sought ways to counter ‘brain drain’ into ‘brain gain’ through various engagement schemes of which dual citizenship is but one. This fact has been recognised by a lot of developing countries. 

The government of Ghana noted in debating the dual nationality bill that” The legislation is a tribute to the great support Ghana has received from her citizens who have been living beyond her shores over the years. 

This support has been in the areas of economic, technical, social and infrastructural development … The NRGS contribution of 400 million dollars cannot be treated lightly, and so the importance Ghana attaches to NRGS cannot be overemphasized”. 

The government of India followed suit when realising the potential for gain through dual citizenship, noting “Persons of Indian origin settled in the economically more advanced countries of the world have skills and expertise in vital sectors. 

The facility of Dual Citizenship would foster better co-operation in these sectors by way of investments and transfer of skills and resources. 

The need of the PIOs to build emotional and cultural bonds with their will now be strengthened and will facilitate the Diaspora’s contribution in India’s social Development. 

Dual Citizenship would also help to bring about and establish links of the younger generation of the Diaspora with India as they may be keen to keep in touch with their roots.” 

The African brain drain think tank explolated also the advantages of dual citizenship, arguing “Immigration regulations are cited as one of the barriers to exchange of skills and knowledge across borders. Foreign based professionals need to be assured that they would be able to return to their adopted country once they leave.

Immigration laws in some industrialized nations require migrants to remain in the country for a specified period or risk losing their residence status. On the other hand, those who have been naturalized in their new country often have to make a choice between that or their home state, as some African countries do not recognize dual citizenship. Hence the need of more African authorities to allow dual citizenship.” 

Tanzania became the latest African country to embrace dual citizenship this year. 

The Foreign Affairs Minister Bernard Membe explained that Tanzanian nationals living abroad will have double status by end of 2010.He stated that a study of experts noted that Tanzanian experts employed abroad contributed immensely to their host countries and country of origin in terms of skills transfer, knowledge and investment and that it will be folly for the government not to recognise that. 

The current Zimbabwean inclusive government has repeatedly proclaimed that Diasporas contribute more than 160million US to the Zimbabwean economy per year. 

A great lot have invested heavily in the property market in Zimbabwe, whereas others run thriving businesses. 

Prime Minister Tsvangirai, Finance Minister Biti, Deputy PM Mutambara have called for mechanism to engage diasporan investment and skills in the rebuilding of Zimbabwe. At large the MDC has long argued for the return of dual citizenship, which is in tandem with progressive trends world wide. 

Protagonists of dual citizenship on the other hand point that dual citizenship jeopardise national security and sovereignty. According to a report by the Australian Parliament on the advantages and disadvantages of dual citizenship, opponents of dual citizenship argue that “a person should be totally committed in a legal and emotional sense to one country” because “having more than one citizenship conflicts with notions of national identity and cohesion.” 

The report cites Dr Katherine Betts of Monash University who insists that “the nation state is still an important political unit. Communities that work have boundaries. Blurred membership leads to blurred loyalty.” Other opponents of dual citizenship, cited in a Chicago Tribune article argue that dual citizenship commodifies national identity by”…treating passports like credit cards to be collected and used interchangeably depending on convenience.” 

There are also other areas that dual citizenship causes problems and these cannot be discounted. Most challenges are found in law enforcement, especially on transnational crimes, specifically on extradition. Some countries have clauses in their constitutions barring extradition of a national for crimes allegedly committed abroad. 

A reference point for Zimbabwe is the Mutumwa Mawere saga. The South African High Court ruled he was a South African citizen yet he held Zimbabwean citizenship at the same time, invalidating a request from Harare to extradite him.

Chris Kuruneri, the former finance minister was ousted as a Canadian citizen. He was arrested for foreign currency externalisation and it remains moot what would have happened had he skipped the country and went to Canada. 

However there is greater acceptance in the modern, internationalised world, that individuals may be citizens of more than one country and satisfactorily meet duties as citizens in relation to each. 

There is greater acceptance that having dual citizens hasn’t done much harm to nations, and that the benefits of dual citizenship extend beyond the individuals concerned. The ban is disproportionate to any potential of harm being realised. 

The solution lies in having strong criminal cooperation instruments and bilateral extradition treaties. These treaties will stipulate which jurisdiction overrides when a criminal act is alleged. 

The trend as regards those countries that are embracing dual citizenship is to make sure that no one automatically losses their citizenship by acquiring another. 

The South African Citizenship Amendment Act of 2004 which came into effect on 15 September 2004, enshrines the constitutional right to citizenship. Consequently, South Africans can no longer lose their South African citizenship if they become citizens of another country. However, the law requires that they travel on South African passports in and out of South Africa. 

According to Ghana’s Citizenship Act of 2000 which went into effect in July 2002, “A citizen of Ghana may hold the citizenship of any other country in addition to his citizenship of Ghana.” 

Citizens who lost their citizenship as a result of the previous law which proscribed dual citizenship can regain their Ghanaian citizenship by applying to the Ministry of Interior for reinstatement. 

Dual citizens in Ghana have the same rights as other Ghanaian citizens. However, they cannot occupy certain key positions in the Government, the Army and security apparatus. Some of positions in question include Justices of the Supreme Court, Ambassador, Chief Director of a Ministry, or a Colonel in the Army. 

In Zambia, the National Constitutional Committee adopted dual citizenship into the Zambian constitution in 2009.The amendment stated that ‘a citizen by birth as descent shall not lose that citizenship by acquiring the citizenship of another country. 

The provision was applied retrospectively giving those who had lost their citizenship before the enactment of the amendment to seek redress by applying for reinstatement to the citizenship board. 

There was much jubilation in Kenya in the case of a Mr Sarit, a Kenyan by birth who had acquired Australian citizenship. Justice Kimaru ruled that ‘a Kenyan citizen by birth does not and cannot lose his/her citizenship merely by acquiring a foreign one except when he renunciate.’ 

Consequently a host of African nations now allow dual citizenship,though with variations. These include Mozambique, Namibia, Angola, Nigeria, Zambia, and Uganda. 

Indeed it burgers belief that someone born in Zimbabwe, of Zimbabwean parents and lived their lives there considerably simply loses their citizenship because they have acquired another. 

What is even more astounding is the cut throat proposal that children born in the Diaspora only must be allowed dual citizenship. What attachment do they have to Zimbabwe which their parents lack? What type of law is that that discriminates so patently children and their parents? The muppets who made those proposals must think for the long term benefit of the country rather that be motivated by vindictiveness and shallow self power interests. 

What the new constitution must do is guarantee that constitutional rights will not be eroded by an act of parliament. Specifically Zimbabwean citizens must not lose their citizenship merely by acquiring a foreign one except when they renunciate.

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Tags: citizenship, Dual Citizenship, Sanderson Makombe, Sanderson N Makombe