KARACHI:
Parliamentarians holding dual nationality enjoyed the best of both worlds. Now, they could face the wrath of both.
As the Supreme Court of Pakistan disqualifies them and revokes their memberships of assemblies, legal experts say foreign countries may also try them for treason since all parliamentarians, including those who hold foreign nationalities, voted in favour of a resolution against the interests of Western countries.
Experts say their support to such a resolution is blatant violation of the loyalty they committed and swore to while taking citizenship oaths for the US, the UK and other countries.
These parliamentarians may face arrest orders when they visit these countries, and their assets may be confiscated on charges of disloyalty to the state.
According to legal experts, who spoke to The Express Tribune, the one event that could, in particular, be considered treasonous by the part of foreign governments would be the lawmakers’ voting in favour of the April 12, 2012, resolution that was unanimously passed by a joint session of parliament. The relatively strong-worded resolution demanded that the US tender an apology for Salalah incident, stop drone attacks and called for a ban on supply of arms to Afghanistan through Pakistan.
While the resolution may not have had any effect on the ground as such, it may clash with the oath taken by American nationality-holding parliamentarians who swore, among other things, that they “hereby declare, on oath, that [they] absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which [they] have heretofore been a subject or citizen; that [they] will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic...”
Other citizenship oaths, likewise, also demand absolute fidelity to the state, and therefore make dual nationality problematic, especially for public office holders who are privy to sensitive decision-making processes of a state.
The assets and businesses of these dual nationality holding lawmakers in foreign countries may also be under threat of confiscation, for going against vested interests of their alternative homelands.
Though the Supreme Court disqualified 11 legislators that admitted to being dual nationals, a large number of Pakistani parliamentarians are believed to be holding dual nationality. Dual nationals are not allowed to hold public office in Pakistan, but parties, across the political divide, are in the process of pushing through legislation that would negate this bar.
Published in The Express Tribune, October 5th, 2012.
COMMENTS (15)
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I don't know when common sense will prevail in this country. Dual Nationality does not mean you're not loyal. Pakistan's forex reserves run on remittances by Overseas Pakistanis. We need to progress and not regress in this global village. Former Canadian Prime Minister John Turner was born in the UK and still retains his dual nationality. Former Indian Leader of Opposition and now the chief whip behind the United Progressive Alliance government, Sonia Gandhi, was born and raised in Italy. If a constituency feels it can be better served by a "disloyal" dual-national let it elect him, his performance will speak for his loyalty. If a constituency feels only a single-citizenship member can somehow provide relief then let it elect him. Yes, it's that simple! What do PCO judges have to do with anything, I have no clue.
A lot of people in Pakistan left the country to provide for their families (mostly settled in Pakistan). Sometimes it was because of political oppression, like Bacha Khan did not even allow his grave to be made in Pakistan, or our Baloch and MQM leaders who've been forced into exile just because they don't tow the line of the establishment.
Do you not remember what happened to Nauroz Khan Zehri? Let me give you a small reminder, he was urged to give up arms fighting against General Ayub's one-unit scheme. General Tikka Khan had sworn on the Holy Quran to give amnesty to Nauroz if he and his followers dropped their weapons. What happened? Nawab Nauroz Khan and his four sons were tortured and hanged in Rawalpindi. Does anyone not remember what happened to Shaheed Rani Benazir when she dared to disobey the "loyal' forces by coming home before elections or do you not remember what happened to Zulfiqar Ali Bhutto when he disobeyed their "loyal" orders?
When will we as a country and hopefully as one nation grow out of this "you're a traitor" "that guy is a traitor" propaganda politics? I urge all the readers to have an open mind, get their facts straight and consider all matters without prejudice or bias.
Even though I'm not a fan of the present setup but a great move by the President was to initiate politics of reconciliation. Another great move was to begin development at Thar which the Nawaz Government had halted for the sole purpose of forcing Kalabagh Dam on Pakistan when 3 out of 4 provinces had already passed unanimous resolutions against it. If you haven't been informed, Sindh was already facing less water supply due to the current Punjab Govt blocking water for "irrigation". They do open the dam gates in the flood season though!
Criticism is permitted, but allegience to another state, and swearing an oath to protect the interests of another sovereign state is a whole different matter.
@Mirza: These legal experts must be like Pakistani scientists and their supporters who were powering autos with water not too long ago. You mean that "Sindhi Engineer"?
@Mirza: Like a true Jiala indeed.......
"Experts say their support to such a resolution is blatant violation of the loyalty they committed and swore to while taking citizenship oaths for the US, the UK and other countries."
But that's exactly what these Parliamentarians are doing; showing loyalty to their preferred state by looting and plundering Pakistan and ensuring that the interests of these foreign countries are fulfilled.
I think US/UK/etc. should actually reward such Parliamentarians, rather than punish them.
A dual national legislator cannot serve Pakistan wholeheartedly.
The Supreme Court has taken up the case of dual nationals legislators after 65 years when Pakistan has already lost it one wing in 1971, although this particular law was supposed to be made and implemented in the very first Constitution of Pakistan.
Had the law been made and implemented in the early days of Pakistan, the country would have not suffered that huge losses.
Though I am not a legislator but to serve Pakistan I have declined the opportunity to become a dual national in 1994, as for me it is better to remain a first grade citizen of Pakistan than becoming third grade citizen of any other foreign country.
@S. M. ALI (Chani): Dude, seriously, copy that comment and write it in a blog, it's gold. And I can see you put a lot of effort into writing it. Don't want to see it being swept under the carpet on the E.T. website. Well written! I'm serious this time ;)
Every person has a right to opinion. Do you think all American or UK citizens are pro drone attacks? People over there not only differ with policies of the state but also express their thoughts through media, public rallies, agitations etc. Does it mean that they are against the state? I have never heard of people arrested or their properties confistcated for criticizing a govt. policy. Get a life- friends, this was not even a news item at all. Although, sensationalization of "non issues" is a normal business for Urdu Media's but I am a bit surprised to see this report in ET, as I have great respect for ET and its professional team of journalists for their progressive and liberal approach.
CJ right on money
"According to legal experts, who spoke to The Express Tribune, the one event that could, in particular, be considered treasonous by the part of foreign governments would be the lawmakers’ voting in favour of the April 12, 2012, resolution that was unanimously passed by a joint session of parliament. The relatively strong-worded resolution demanded that the US tender an apology for Salalah incident, stop drone attacks and called for a ban on supply of arms to Afghanistan through Pakistan." These legal experts must be like Pakistani scientists and their supporters who were powering autos with water not too long ago. Everyday many US and other western citizens openly criticize their govt policies and not a single of them have lost their citizenship or assets. I would like to know what the practicing lawyers from the US and Europe say about this news. It is ironic that people who have no concept of the sanctity of their own constitution (including the PCO SC) are the expert on foreign laws.
Well deserved. Poetic justice.
It is high time people holding public offices at taxpayers expense are held responsible for cheating. I cannot undersatnd how our system allows such atrocious acts go un-noticed be they be forged degree, holding dual national and taking oath in the parliament and holding high positions in the civil service is something we as a nation should be ashamed of. What makes it worse is not as if it was not a common knowledge that such things were happening right under the nose of election commission of Pakistan and the civil service commission. No wonder the rotten elite class discourages education which could bring better awareness and encourage good practices in employment. How could our elite and feudal class tolerate to see a simple citizen from the rural class or a Hari's son becomes a good and honest civil servant to whom the elite class be made answerable to this poor lot. This is the dilema Pakistan has been facing since the independence. Our supreme court and his team of judges have set the tone for honesty and good governance into play; well done and keep it up. And as for the critics of judiciary who never tire of crowing and reminding them of "Oh what about the PCO oath" I say to them let bygone remain bygone the good citizens have now realised their mistake and are trying to mend their ways. We need to encourage them and give them the message that the nation is behind them keep up the good work and eliminate the blood sucking leeches from our midst. Lets make Pakistan a land of opportunity for which our founding fathers atoned it with scarifice of their blood. Lets not forget that our land is blessed with immense potential to make it stand out in the commity of nations. Long live Pakistan and down with dishonest parliamentarian.
Utterly silly report. You think the US cares an iota about the Salalah resolution? lol
There are lots of fools who think that by holding Two nationalities they can fool two countries. What they have forgotten is that allegiance is always to One country. Now they will reap what they sow!
Poor parliamentarians, all they wanted to do was to come to Pakistan, milk some money out of the people and return to their villas overseas, surely we can't deny them that right? Come on Supreme Court, stop this judicial activism - sarcasm