Why dual nationals should not be barred from holding public office

From a legal standpoint, the constitution does not preclude dual citizens from holding the SAPM office

Last week the government of Pakistan decided to place the details of the assets, liabilities and nationalities of the non-elected cabinet members onto the Cabinet Division’s website. While the move was aimed to increase transparency in the government, it was followed by an onslaught of criticism when four of the Special Assistants to the Prime Minister (SAPM’s) were found to have dual nationalities. It is important however to not let the cacophony of heated political exchanges obfuscate the two core issues at hand; need for transparency in the government, and the legal as well as moral implications of dual nationals holding public office in Pakistan.

Pakistan has a chequered history when it comes to public office holders revealing their assets and nationalities. In fact, the Supreme Court of Pakistan over the last few years has disqualified several parliamentarians from all major political parties for concealing their dual nationalities as well as their assets. While it is not legally binding for non-elected members of the cabinet to reveal this information, the government voluntarily decided to make these details public in the interest of transparency. This will not only enable more effective scrutiny of the cabinet by the media, judiciary and citizenry, but will also inspire a culture of transparency in other public institutions. A government facilitating greater scrutiny of its actions is a welcome change in Pakistan, and must be commended.

From a legal standpoint, the constitution of Pakistan does not preclude dual citizens from holding the SAPM office. Article 63 (1) (c) of the constitution bars dual nationals from becoming members of the Parliament:

“A person shall be disqualified from being elected or chosen as, or being a member of the Majlis-i-Shoora (parliament) if he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign state.”

Nonetheless, no such disqualification criteria is listed for non-elected members of the cabinet. Additionally, a three-member bench of the Supreme Court, headed by the then Chief Justice of Pakistan Mian Saqib Nisar, in a recent judgement allowed Sayed Zulfikar Abbas Bukhari to continue serving as SAPM on overseas Pakistanis despite his dual citizenship.

In the absence of a constitutional stipulation, possible conflict of interest emanating from ‘divided loyalties’ is often cited as the moral argument against allowing dual nationals to hold public office. This reasoning however is flawed on multiple levels.

Firstly, while conflict of interest is a legitimate concern it is by no means exclusive to dual nationals. Public office holders – including Parliamentarians – who own assets outside of Pakistan, whose dependents live and work outside Pakistan, or whose dependents hold dual citizenships, are equally predisposed to potential conflict of interest. Instead of depriving the country of the services of a large group of resourceful, dedicated and accomplished individuals, concerns of potential conflict of interest should be addressed by enabling greater transparency and by strengthening the accountability mechanisms stipulated in the constitution. Greater scrutiny of the government’s functionaries by the opposition, media, courts and electorate would be a more judicious means of tackling the issue of conflict of interest than an indiscriminate ban would be.

Secondly, while anxieties about conflict of interest in the case of dual citizens persist, there is no concrete historical basis to substantiate these concerns. These fears are mostly, if not entirely, based on suspicions of future misconduct rather than demonstrable evidence from the past. If anything, the past conduct of overseas Pakistanis, including dual nationals, has overall been supremely patriotic. Not only are the billions of dollars in remittances sent by the diaspora critical to keeping the economy solvent, their contributions particularly during times of crises have always been invaluable. Overseas Pakistanis have also contributed positively towards promoting Pakistan’s positive image internationally. Therefore, instead of estranging them based on fears of possible future wrongdoings, the government should focus on harnessing the real potential of the Pakistani diaspora.

At a time when Pakistan’s perennial economic woes have been accentuated by a global economic slowdown, Pakistan needs all hands on deck. Overseas Pakistanis, including dual nationals, can bring much-needed Foreign Direct Investment (FDI) to the country and can help resurrect the tourism sector. A sizable proportion of the Pakistani diaspora has expertise in the fields of healthcare, education, engineering and entrepreneurship that can benefit the country at this time. Instead of alienating them, the government should use their skiils for the betterment of the country.

In summary, dual nationals should not be barred from holding public office in Pakistan based on misplaced fears of future misconduct. While conflict of interest is a valid concern, it is by no means exclusive to dual nationals, and it should be addressed through greater transparency and accountability instead of a blanket ban. Overseas Pakistanis, including dual nationals, have the resources and expertise to contribute positively towards Pakistan’s economy, healthcare, education, industry, tourism and diplomacy. Therefore, instead of sidelining them, the government should make them greater stakeholders in Pakistan.