Article 34(h) of the Constitution also gives the Legislature the authority to “establish laws for citizenship, naturalization and residence” not inconsistent with the Constitution; and
This brings us to the issue of the dual citizenship for Liberians at birth. The issue of the dual citizenship has now become the newest sensation and a relevant topic to the progress of this our beloved country Liberia.
The brutal fourteen years civil war in Liberia caused a lot of our citizens to flee this country in search of refuge to other nations far and near or the diaspora. It is a fact that most of those who fled to other countries could not fully enjoy the social and civic and economic benefits (getting good jobs that are well paid and to be able acquire education at a low cost) of those countries. These very tangible reasons led to the involuntary actions of our brothers, sisters, mothers, and fathers to take up the nationality of those countries. Thus automatically loosing the citizenship Liberia.
The undying love of Liberia possessed by Liberians at birth who took up other nationalities has led to numerous petitions and request to the Liberian Legislature to make amendments to the Alien and Nationality law of Liberia. This Alien and Nationality law of 1956 was amended in 1973.
Upon seeing reasons as to how viable it is to grant them Dual Citizenship as stated in the Rationale document by the drafters or sponsors of the proposed Act To Amend Certain Sections of the Alien And Nationality Laws Of Liberia, “Many of these Liberians have earned very good education and have accumulated resources which they believe they owe a duty to their native land to share, impart and invest, but have difficulty doing so because of the Liberian statutory prohibition. Additionally these Liberians have not forgotten their country and they continue to positively impact the economy of Liberia by their remittances to the tune of over $50m USD a year to assist their kinship cope with the difficulties and experiences of livelihood in Liberia during and long after the war”.
In short, this justification or rationale means, by granting them Dual Citizenship it is “perceived” that it will contribute immensely to the economic growth of this country.
The present Alien Nationality Law of Liberia of Liberia on Loss of Citizenship states in
Section 2: CHAPTER 22: LOSS OF CITIZENSHIP, and specifically Section 22.1, Acts Causing Loss of Citizenship, which reads as follows:
“From and after the effective date of this title, a person who is a citizen of Liberia whether by birth or naturalization shall lose his citizenship by:
(a) Obtaining naturalization in a foreign state upon his own application; upon the application of a duly authorized agent, or through the naturalization of a parent having legal custody of such person, provided citizenship shall not be lost by any person under this section as a result of naturalization of a parent or parents while such person is under the age of 21 years, unless such person shall fail to enter Liberia to establish a permanent residence prior to his twenty – third birthday; or
(b) Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof; or
(c) Exercising a free choice to enter services in the armed forces for a foreign sate unless, prior to such entry or services, such entry or services is specifically authorized by the President;
(d) Voting in a political election in a foreign state or voting in an election or plebiscite to determine the sovereignty of a foreign state over foreign territory; or
(e) Making a formal renunciation of Liberian Nationality in a court in Liberia or before a diplomatic or consular officer of Liberia in a foreign state in such form as may be prescribed by the Minister of Foreign Affairs of the Republic of Liberia
Below are the changes made in “The new proposed Act to amend certain sections of the law”.
Is hereby amended to read as follows:
22. LOSS OF CITIZENSHIP
Acts causing Loss of Citizenship
(a) From and after the effective date of this title, no person who is a citizen of Liberia at birth shall lose his /her citizenship for reasons of marriage to a citizen of a foreign state; naturalization in a foreign state or naturalization of a parent or parents in another state; entering or serving in the armed forces for a foreign state or voting in a political election in a foreign state;
(b) From and after the effective date of this title, Liberian Citizenship by Birth is hereby restored to all persons who were citizens by birth and who lost citizenship as a result of the conditions laid out in the previous Aliens and Nationality Law;
(c) A person who is a citizen of Liberia at birth but who makes a free choice of a formal renunciation of Liberian nationality before a court in Liberia or before a diplomatic or consular officer of Liberia in a foreign state, in such manner as may be prescribed by the Minister of Foreign Affairs of Liberia, and not growing out of circumstances over which he or she has no control or is not in control of, shall lose his/her citizenship;
(d) By the passage of this Act, the Republic of Liberia shall, within the limits prescribed herein and under the conditions stated hereinbefore, RECOGNIZE “Dual Citizenship” in which a citizen of Liberia at birth may become a citizen of another state without losing HIS/HER Liberian citizenship; and
(e) This Law shall apply only to persons who are Liberian Citizens at Birth.
We do concur with these changes to a certain extent. Because these changes were drafted due to the several petitions and request by some of our brothers and sister home and abroad, We do welcome it. For these are changes that will once again unite us Liberians by birth.
Our brothers and sisters who took up the citizenships of other countries have acquired vast knowledge and experience that are very essential in the reconstruction, rebuilding and development of our once common denominator, Liberia. They have acquired skills and expertise that we can’t acquire locally. We are aware that they have so much to offer Liberia in its development.
In order to move Liberia from a stage of an underdeveloped nation to the stage of a developing nation and to adequately achieve the Poverty Reduction Strategy, it necessary to give dual citizenship to Liberians by birth, who for whatever reason, except article 22.1 (e), loss their Liberian citizenship.
Since the idea or rationale/justification of granting this dual citizenship to Liberians by birth, is the perceived contribution to the economic growth of Liberia, it should be granted with certain “limitations”.
The limitations should be that of “National Political Aspirations”. A Liberian citizen with dual citizenship shall not be eligible to run for any elected public position at levels of district, county or the state.
In further details, a dual citizen cannot run for an elected public office of a district as Representative, of the county as Senator or of the state as President or Vice President. These restrictions will also apply to other elected public office positions that “may be” created by law (ie, superintendent, city mayor, chief).
A dual citizen should not be eligible to hold any key position (the heads and deputies) in the army or other security apparatus.
Citizens vying to serve these various capacities should give up their other citizenship.
Dual citizens shall be eligible to hold appointed positions except those regarding the army or other security apparatus.
The rationale to this is:
The issue of loyalty- loyalty is a feeling of devotion, duty or attachment to something, somebody, people, a government or a state.
Determining where the loyalty of a person to either countries lies, is something that we cannot do. And so that person must have single citizenship.
Representing the interest of people within a district, county, or the state is so essential that the persons representing the interest loyalty must not be divided.
If a person wants to represent the interest of the people in National politics, he/she must be wholly and solely a part of the people. You can’t be partially a part of them and fully represent their interest.
Since we cannot predict the outcome of decisions that will be taken by a dual citizen representing the interest of the people, if the interest of the people coincides with that of his/her other country of naturalization, we do think I’ll be wise to have a single citizenship if representing the interest of the people.
If a person so love Liberia and the people whose interest he/she wants to seek, that person must relinquish the second nationality.
You can’t eat your cake and have it.
To ensure the safety and security of the Liberian people and the state, the security of this country should not be put into the hands of citizens with divided loyalties.
The great United States of America has limitations for citizens with dual citizenship. The United States constitution states that only “natural born citizens” are eligible to become president or vice president. A naturalized citizen or one with dual citizenship cannot become President or Vice President of the USA.
Ghana which also has a dual citizenship and it restricts dual citizens from occupying certain key positions in government, army and other security apparatus.
Therefore, making provision for limitations within the proposed Act to Amend Certain Sections of the Alien and Nationality Laws of Liberia and subsequently to the constitution of Liberia wouldn’t be unique only to Liberia. And Liberia cannot follow the exact module of other countries. This cannot be addressed by using “one module fits all” strategy.
To conclude: we are aware of certain constrains or that certain mechanisms must be put into place before or simultaneously with the passage and implementation of this act. According to an analytical report by the National Bureau of Immigration of Liberia, mechanisms such as;
a) Passport, what traveling document will be used to return to country or origin “Liberia”
b) Eligibility, is it a birth certificate? Traveling document? Or by known facts/history
c) Issue of penalties
d) Extradition, most challenges are found in law enforcement, in the case of transnational crimes. 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.
e) Loyalty, a blurred citizenship/membership leads to a blurred loyalty. Same as a divided citizenship leads to a divided loyalty
f) Deportation, only aliens/foreigners according to our laws can be deported, except upon cancellation certificate of citizenship (section 21.58)
We are of the convictions that these mechanisms or problems will be addressed subsequently to the passage of the proposed act.
WE DO PROPOSE THAT PROVISIONS BE MADE TO INCORPORATE THE “LIMITATION OF A DUAL CITIZEN TO RUN FOR ANY ELECTED PUBLIC OFFICE (DISTRICT, COUNTY OR STATE) AND TO HOLD ANY KEY POSITION WHITHIN THE ARMY OR OTHER SECURITY APARATUS WITHIN PROPOSED ACT TO AMEND CERTAIN SECTIONS OF THE ALIEN AND NATIONALITY LAWS OF LEBERIA. AND THAT UPON PASSAGE OF THIS ACT, SUBSEQUENT AMENDMENTS BE MADE WITHIN THE CONSTITUTION OF LIBERIA.
by Beageorge M. Cooper
BA, Candidate MIA, University of Liberia
04563131/076563131
No comments:
Post a Comment