Pakistan

2013 general elections: ‘Dual-nationality holders cannot contest polls’

ECP to require candidates to declare additional citizenship in nomination papers.

Qamar Zaman July 06, 2011

ISLAMABAD:

Candidates for election will have to disclose any additional citizenship they hold in their nomination papers, the Election Commission of Pakistan (ECP) announced on Tuesday.

This is so that “dual nationality holders will not be able to contest the next elections”, said ECP Secretary Ishtiaq Ahmed Khan at a news briefing.

While agreeing that the constitution does not allow dual nationals to contest elections, he said parliament still needs to pass new legislation.

But the National Assembly Standing Committee on Law, Justice and Parliamentary Affairs, which also met on Tuesday, believes there is no need to pass any legislation since it is unconstitutional for dual nationals to stand for election.

Law Minister Maula Bux Chandio told the committee that dual nationals are barred from contesting elections under Article 63(1)(c) of the Constitution, which says: “A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if he ceases to be a citizen of Pakistan or acquires the citizenship of a foreign state.”

Tasneem Siddiqui of the Pakistan Muslim League-Nawaz wondered why dual nationals were still sitting in parliament despite the constitutional ban. Committee member Abdul Ghafoor Chaudhry suggested voters in the constituencies of such lawmakers should take the matter up with the ECP.

Ijaz Virk of the Pakistan Peoples Party had previously introduced The Representation of the People (Amendment) Bill 2009 which would have disqualified dual-nationality holders but it was dismissed by the committee, which felt there was no need for fresh legislation on the matter.

Published in The Express Tribune, July 6^th, 2011.

COMMENTS (16)

Ali | 12 years ago | Reply Finally a good step...so no Zaradari, RM and a few others in the next elections...

Zain | 12 years ago | Reply If any individual while living abroad, living abroad, he must first return to Pakistan and surrender all other, color residency cards, Passport, citizenships, to election commission before taking part in any form of elections across Pakistan

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Mirza | 12 years ago | Reply Some people do not understand there is a difference in being a student, worker, or on a green card in North America and being a foreign citizen. All the above categories are Pakistanis who are still keeping their nationality and have not acquired any other. Then there is a case of people who acquired a foreign citizenship and surrendered the Pakistani citizenship. Those are the people who are definitely not Pakistani citizens and cannot vote or contest the elections. There is another category of born Pakistanis who have not surrendered their native citizenship and have Pakistani ID, passports and maintained their rights of full Pakistani citizenship. At the same time these people have acquired say US citizenship and are living there for their education, job, healthcare, etc. Yet there is another category of Pakistanis who have married to a foreigner and have settled in that country but still have Pakistani ID and passport, even though they have not been to Pakistan for a long time. Then there are even more complex cases that are not easy to even describe. The important factor should not be a Pakistani citizen but a Pakistani resident for a certain period of time like for the US senate elections, there is residency requirement not just citizenship. In addition, the Pakistani election candidate must have paid taxes to the govt during the last “certain” years in order to qualify. How can a person put the security money for elections and not pay any taxes? It is not fair while Mush is having a good life in the West; a Pakistani retired overseas worker who went back to Pakistan loses his rights. Pakistan govt is begging overseas Pakistanis to help Pakistan with their foreign exchange. How can they be deprived of their citizenship rights? What I see coming out of this is there would be some conditions on the candidates but not on the overseas Pakistani citizens, which according to the constitution is fine. Nobody can snatch the birthrights of Pakistani born citizen of their basic citizenship, I am sure that it would be unconstitutional. However, if one wants to contest elections and claims to serve the country, they must live there and pay taxes.

Asarulislam Syed MD | 12 years ago | Reply I strongly oppose Pakistan's Feudal Constitution, an ambiguous document which on one hand, grants Sovereignty to Allah, yet fails to acknowledge the Law of Allah of equality, equal opportunity and Justice. It refers to Quran and ‘Sunnah’ but fails to even provide a working definition of ‘Sunnah.’ Pakistan's constitution is a senseless draft, which has perpetually failed even to grant the fundamentals of Peace and Security to its People. It is no more sacred as a document than the Constitution of Apartheid South Africa. Quran is our only sacred document. Pakistan's only hope for coming out of its wilderness rests upon establishing a democratic process that fields the best candidates. There are over a million of us in the United States of America and there are more than ten million Pakistanis worldwide who provide billions of dollars in foreign exchange each year. The United States does nor bar dual nationality holders to enter public office. Nor does the United Kingdom. Pakistan is going totally against the principle of Equal Opportunity to bar Pakistani Citizens living abroad to stand for public office. They were compelled to emigrate from their home country due to poverty and lawlessness. They have, despite their US and British Passports, always looked with hope towards their motherland. The Law that bars them from participating in Pakistan’s political arena is no different than the Colonial Law of England that said: DOGS AND INDIANS NOT ALLOWED. We defy this Law. It is against the fundamental ‘principle of equal opportunity’ and is against the fundamentals of Quran. It is against the fundamentals of human rights. It is a shame that USA and UK grant Pakistanis the right to stand for public office but not their own mother country’s absurd constitution, drafted by a Berkeley law graduate who never passed the California Bar. Asarulislam Syed MD Los Angeles, California PRESIDENT, JANNAT PAKISTAN PARTY

goggi | 12 years ago | Reply I can´t imagine that the sissy boy Bilawal is not a British national ! It is hard to live in England with a Pakistani passport

guest-worker | 12 years ago | Reply Good start- now add, hold a job as a judge, policeman, sit on a decision making body including pun-chiats/jirgas etc, become a minister of state, senator, or president and PM

Noman | 12 years ago | Reply @K.A.Noorani: Have a close look at who you treat as your leader and you will not stop crying.

K.A.Noorani | 12 years ago | Reply ATTN MQM critics: Altaf Hussain has never contested and he will never contest in any elections, so you better think about parties like PPP and PML where many members have dual citizenship. Can't stop laughing! :-D

Waqas Dilawar | 12 years ago | Reply Yes, they shuold not be allowed to even participate in political activities.

S. Ali Raza | 12 years ago | Reply This is the first step towards official isolation/talibanization of Pakistan! Enjoy ya'all

Fareed Wariach | 12 years ago | Reply if dual national is a bar for to contest any electoral position,then why not immediately bar Altaf Hussein commanding MQM from London for the last twenty years.He should be banned and also from addressing live speeches from London.

Zain | 12 years ago | Reply As stated by Law Dept Mr Chandio of PPP, this is a excellent step in the right direction and to this effect all the members Senate, National and all Provinces including Ajk assemblies, should be asked to file a affidavit now stating under oath, within 15 days, that they have no other passport green card of any country or any other dual nationality or citizenship. To clear all doubts and confusion in this regard.

Amer | 12 years ago | Reply Good riddance! I hope this gets implemented with full force!

XYZ | 12 years ago | Reply there go half the familliar faces...good riddance

Ahad L. | 12 years ago | Reply Good! I don't want a British citizen's party (MQM) running for my country's parliament!

Mirza | 12 years ago | Reply A country’s constitution is like a holy book. If Pakistani constitution states that: Article 63(1)(c) of the Constitution, which says: “A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if he ceases to be a citizen of Pakistan or acquires the citizenship of a foreign state.” Then there should not be any confusion or objection. We all have to bow to the constitution unless of course we are khakis. If Pakistani constitution does not allow people with dual nationality to contest elections then so be it. We all have to respect and abide by the constitution. What is not clear if a person with dual nationality surrenders his foreign citizenship and returns to Pakistan? Would she not have her birth rights in her native country? I personally think that if anybody wants to contest elections anywhere in the world they have to be a citizen and resident of that country. Even in the US, there is a residency requirement to contest senate elections.

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