Fate of sitting MPs unclear: Poll bar on people with twin nationality invoked
Citing article 63-1(c) of the Constitution, ECP Secretary Ishtiaq Ahmed Khan said the commission has issued directives to the returning officers to obtain the declaration on oath from all the persons filing nomination papers for elections to a seat of parliament or a provincial assembly from now on.
Interestingly, the law was already in place but had never been made operational. Article 63(1) (c) of the Constitution 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.”
It is not yet clear how this new bar would affect the sitting lawmakers having dual nationalities. However, sources told The Express Tribunethat the commission has written letters to the Senate chairman and speakers of the National and provincial assemblies to send lists of members having dual nationalities.
Hamid Khan, former president of the Supreme Court Bar Association, when asked about the fate of existing members with twin nationalities, said it remains to be seen how the clause is implemented.
“To try the cases of all such MPs, the speaker would have to send references to the commission. Such lawmakers can take a plea that their nominations were not challenged at the time of their elections,” according to Khan.
Senator SM Zafar welcomed the decision and said that it should have been made long ago. He said that under this decision the dual nationals would not be able to contest elections but the rest of their rights as Pakistanis would remain intact. He added that those dual nationals serving in different government departments would not be affected.
On the fate of sitting MPs with twin nationalities, Zafar said, “Morally they should themselves resign voluntarily, otherwise any citizen can submit an application to the speaker of the respective house against any such lawmaker. In case the complainant proves that the legislator holds dual nationality the speaker would be bound to send a reference against such member to the ECP for further action.”
There is currently no confirmation on the number of lawmakers holding dual nationalities. An official of the ECP said the clause is operational now and it will be implemented for the first time in the Senate by-election in Khyber-Pakhtunkhwa. The nomination papers for this seat would be accepted from December 20, and polls will be held on January 4.
The officials of the commission said keeping in view that the decision can be challenged in the court of law it had decided to implement it from by-polls so that before the next general elections all litigations in this regard are settled and the clause could be implemented in letter and spirit.
Published in The Express Tribune, December 20th, 2011.
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COMMENTS (71)
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@Mirza About the form. I know about the renunciation of American citizenship. It's a fairly common thing. People usually renounce there American citizenship because of their ridiculous Tax laws(Expats have to pay federal taxes even when they are living abroad). All you have to do, to get rid of the US citizenship is go to a consulate sign the necessary papers, pay a fee and they make sure you have another nationality so you aren't left without a country. Dual-Nationality holders can't serve the Pakistan Army either, due to the same problem of conflicting interests.
@Saeed: You said "If a dual-national wants to run for office, all he has to do is renounce his other nationality." It is a very sensible statement and fair as well. If I want to serve my country I am happy to give up my other citizenship. The problem can be solved by filing a form where the candidate renounces his/her other citizenship. It is fair and pragmatic. Thanks and regards, Mirza
I'm a dual nationality holder living in Pakistan and I have no problem with this law. The only thing it prevents me from doing is run for Public office while keeping my other nationality and given the present circumstances(corrupt politicians ready to run at the first sign of trouble) it makes perfect sense. If a dual-national wants to run for office, all he has to do is renounce his other nationality. The people voting for him have a lot at stake when they trust him to represent them. The least this dual-national can do for them is give up his other citizenship. And all those saying that Pakistan needs its rulers to be foreign qualified, are entirely wrong. A person born and bred in Pakistan is much more capable of leading this country than a person born to Pakistani parents abroad. A person who has spent a significant portion of his life in Pakistan, understands the problems, culture and history of our country. While the qualified foreign-Pakistani tries to mold this society into the culture he came from.
@Shahzad Kazi:
There is nothing vague in that clause. The question here is not that someone can lose Pakistani Nationality. You should read, "or acquires citizenship of a foreign state" as well.
A Pakistani by acquiring citizenship of a foreign state does not lose Pakistani nationality but he loses his right of being elected to Parliament.
I was of the view that a significant proportion of people in the parliament had dual nationalities. Isn't this going to be a big challenge for the political parties to cope with...?
To the Editors: This story is incomplete without a mention of prominent dual nationality holders.
Pls look at stories from the viewpoint of your readers.
Not a good decision, I'd like to explain why I think so:
First of all I must clarify that I am Pakistani born Australian. I hold dual nationality.
If history was any proof, it's evident that all existing and past leaders have been Pakistani. Do we need say more? Where we are today as a nation is partly due to self indulgent Pakisatani national politicians.
What benefit does this restriction bring to the nation? I can't think of any logically sound reason!
Dual nationals will bring wealth of knowledge, exposure and 'fresh' blood to political landscape. Pakistan is in dire need of honest self less talented politicians!
Anyone who agrees or disagrees with me - I request you explain your point of view here, please!
Tell us why or why not do you think this is a good decision??
@wadi: "Ayesha ,,, national interest is not imran khan ,when you go for high office then it is the interest of the country,"
I agree with you that any one individual (however one may like or respect them) does not represent national interest. Many things that they say maybe in the national interest and some maynot. Each issue has to be evaluated based on whether it is in national interest.. I just provided Imran Khan as an example since I fet that the other person was trying to pick on Chaudhri Nisar.
EXCELLENT ! Only if act upon
As a hard working Pakistani, I cannot tell you how happy I am at this decision. This is another step towards the end of our colonisation by 'Kala Sahibs' and true independence. Today, we move closer to being an independent nation.
Great discussion going on here, at first I was not happy with the news because I am Pakistani born US citizen. After reading some of replies here, I am looking at different perspective of this decision. However, I still feel that it will hurt parties like PTI because I feel that many people living abroad are supporting Imran Khan and it will be great if we could vote for him in coming election. No offence to people living in Pakistan but I feel majority of people will vote for same politician over and over again due to lack of education or other short-term benefits those politicians might offer them.
Yes, this is an excellent decision. Implementation is importent. If a person conceals this information, is elected for the national or provinceal assembly and later is discovered will he is removed from his office ?
rare sensible thing in Pak...
@ Bala, before giving us lecture, you should notice the flaw. If you can vote, you should also be able to contest the election, otherwise your vote means nothing. Either you participate in this process without any limitations or you don't. In democracy voters are not limited company share holders divided into A and B class categories. The only way they can stop these dual nationality holders to vote is by stripping them of their nationality, but they won't do it because it starts the chain reaction and first reaction is stoppage of cash flow and no one want to kill their only cash cow.
Zardari, Sharifs, chaudry's of gujrat, the syeds, the gilanis are all Pakistanis. Mr Altaf Hussain, Mr Asfandyar Wali are british & American respectively!! What's the difference between them?? All are corrupt!! On the other hand, an overwhelming majority of overseas Pakistanis are bigger patriots & loyalists to their homeland. They left the country because it's being run by goons such as Zardari's Sharifs, Gilanis, Walis & Altaf Hussain.
This decision is just an eye wash!!!
@Mamoo from munna bhai, I agreed what u saying but is not true pakistan import so many prime minister from abroad??
Ayesha ,,, national interest is not imran khan ,when you go for high office then it is the interest of the country,
Whenever someone takes a good step, these nust jobs come up with an excuse to let down the decision. If you expats are so loyal to the country, you should be in the country and not outside saying you are helping the country from outside. You are there for a better life and that is a selfish decision. Don't try to mask it with excuses.
By the way Moeen Qureishi who came back to Pakistan and served as a caretaker prime minister in 1993 was reputed to be one of the most non-controversial and organized prime ministers. He is a foreign national and has an unblemished record with the IMF, World Bank and as PM of Pakistan.
Nationality does not necessarily provide allegiance. Think about all the Pakistan nationals who are legislators and have taken several oaths of allegiance to the nation but are still extremely corrupt. Many of these individuals owe allegiance to foreign governments and foreigners for supporting them and getting them into power.
Do we know how many of the currently elected will be effected by this ruling?
What difference does this make? Why doesnt the EC ask all politicians to declare the assets they have overseas? Will overseas pakistanis be able cast there votes in the general election? Overseas pakistanis are always on the forefront in campaigning for pakistan, whether it is raising charitable funds for natural disasters, pumping millions of dollars into the econmoy and protecting the image of pakistan against terrorism.
wonderful, excellent, I am so glad to hear this. I pray and hope that election commission does not bow down to pressure. great job! well done!
@wadi: "this should include people with spouses who have foreign nationality"
Why?If today Imran had not been divorced and living in Pakistan with Jemima he would be barred by that. Is that the intention of this law - to prevent someone who has no other loyalties from contesting?
I guess you were thinking of Chaudhry Nisar but you have to be careful. TO make rules just so you can keep out someoe=ne you do not like - can boomerang when they also apply to someone you like. Laws should be based on national interest not based on personal likes or dislike.
Great decision. Lets pray that it be implemented to FULL effect.
@Mirza: "In addition if a Pakistani went overseas and becomes foreigner, if he/she comes back to his place of birth and wants to settle back in Pakistan after surrendering his foreign citizenship, who is going to stop them? Except some Arab countries citizenship is a birht right anc cannot be denied. Many people come back to their homland to reitre, raise a family and want to be buried there."
Those are all legitimate expectations that this law does not interfere with in any way.
@Sohail: "The 76% who voted No in this poll……I wonder how many of you would refuse a green card or a British Nationality…..and How many of you have tried relentlessly to get a visa!!! What kinda hypocricy is this PAKISTAN????"
Assuming that every single one of them has applied to emigrate to U/Canada/US. I still do not see it as a hypocrisy unless they expect to contest elections to the Parliament after emigrating. This just says that people with dual nationality cannot stand in elections. It does not say they cannot live in Pakistan or vote in Pakistan or invest in Pakistan or buy property in Pakistan. Dual citizens should have most rights that people with ONLY Pakistani nationality have but this is the 1 area where they should not have that right.
@Mirza: I usually agree with your view point which I find is balanced and reasonable. Disagree on this issue though. It is not indicated that Pakistani dual nationals should be prevented from returning to the country and living there or voting or investing or serving the country in any other way they choose.
The question is how much would the problems of a common person pinch someone who has a safety net outside the country? Already Pakistan (and my home country India) have an issue that due to inadequate representation from the disadvantaged groups, the political decisions are more centered around the vocal elite minorities. Allowing dual citizens to be the lawmakers would exacerbate the problem further.
I must admit that I am not a Pakistani citizen - so my opinion is just based on what I feel is best conceptually for any nation. I do not have any locus standii on this issue which is best decided by Pakistanis themselves.
As a Pakistani Canadian, I absolutely agree with the judgement. First rights belong to the People who are Pakistani, and lives in Pakistan. My loyalty is to Canada so I can't see myself as eligible as a Pakistani would or should be
The 76% who voted No in this poll......I wonder how many of you would refuse a green card or a British Nationality.....and How many of you have tried relentlessly to get a visa!!! What kinda hypocricy is this PAKISTAN????
this should include people with spouses who have foreighn nationality
As an Indian, I appove of this move! Being a citizen is a privilege, dual citizens can have 99% of all rights but to become a leader/representative of Pakistanis, that person must be citizen of onl pakistan. Assume a Dual citizen becomes president of pakistan, then the "first person" of pakistan would be a "normal citizen" of some other country ..is it not a shame?
Agreed, sual citizenship provides a safety net for politicians, but would such politicians inspire anyone? A leader/representative must be ready to take this risk and be willing to die for the nation. A leader/representative will make decisions that puts pakistanis at risk (like asking soldiers to die for the nation), they must also be willing to do the same. EC of pakistan has done the right thing ... all dual citizens...can serve being dual citizens...i do not beleive that they can serve only becoming politicians..after all there are 180 million pakistanis ..
I approve! this is the tough but right way....
this is bad and sad, how about if I plan to jump into politics with god intentions of sterning my people, but I have dual nationality. This should not be a barrier rather corruption laws should be strengthened.
Another sensible rule would be that the person contesting should own majority of his net worth within the country.
Should have happened long ago. Lets hope they can make it stick and implement it in letter and spirit.
@Maamoo...hats off to you for having nailed it!
Good things are coming over way, EC you earned my respect.
How is this law stopping overseas Pakistani from serving Pakistan..? It just says that people holding dual nationalities cannot participate in elections. Which I think is fair...Due respect to all dual nationality holders but when you pledge allegiance to the Queen or the Flag of the United States of America then Pakistan has every right to bar you from becoming an elected official.. The very purpose we got independence was that we did not want people serving the Queen/King to rule over us. And Pakistan is not the first country to pass this law; the Indian govt confiscates all your property in India and revokes your Indian nationality the moment you acquire another country's citizenship. No property being confiscated and no nationalities are being revoked here.
Having said that, this still does not stop you from serving Pakistan..You know you can still serve your Pakistani even without becoming an MNA or MPA..Has Edhi ever held public office..? I myself am also a Pakistani living abroad...I have not yet acquired the nationality of any other country but I would have no objections of this law is applied to me in case I do acquire dual citizenship. This law would not reduce my love for my country and it's people and I will continue to serve it in whatever capacity I can. So all my brothers and sisters who are huffing and puffing about "the rampant corruption and illiteracy in Pakistan", I think you find it difficult to admit to yourself that you chickened out and ran away from Pakistan when things got tough...Gr8 to have all the wonderful commentary from you my friends...if you love Pakistan so much come back here and spend a summer or two without 10 hours of electricity..Then you have every right to criticize the country and people all you want...Until you do that please keep your lessons in Patriotism to yourself.
And before you give a lecture about nationality not being an issue for politicians in the West,, please bear in mind OBAMA recently had to show his birth certificate to prove he was born in the USA.
Friends, you are confusing dual nationals with foreigners. Dual nationals have every right to live, serve and get elected like anyother national. They don't need visa or permission to enter or leave Pakistan nor they need work permit to work in Pakistan. Thousands of them are working in government and many are at key and sensitive posts. Are we going to fire them too? One friend has said that in emergency they will run away. Yes, he is right, in emergency everyone who got legs runs away. Don't all of us run away from a buliding when its on fire? Is this a mistake to prepare before hand. If we give our future in the hands of these smart and pro active people, no emergency would happen.
Thumbs up !!!
Good decision. Also it should disallow dual citizens from holding all govt posts.
@Shahzad Kazi: Thanks a lot for actually reading and quoting the constitution. How can a born Pakistani have the citizenship (only to bring in money) and not enjoy full rights? As I mentioned in my post that anybody who gave away his Pakistani citizenship does not deserve to have all the rights of an actual citizen. But some people never gave up Pakistani citizenship and they cannot be discriminated. In addition if a Pakistani went overseas and becomes foreigner, if he/she comes back to his place of birth and wants to settle back in Pakistan after surrendering his foreign citizenship, who is going to stop them? Except some Arab countries citizenship is a birht right anc cannot be denied. Many people come back to their homland to reitre, raise a family and want to be buried there. Regards, Mirza
Any person who has taken the oath of allegiance of a foreign country cannot remain sincere with Pakistan, more particularly when it comes for legislation in the Provincial and National Assemblies and the Senate.
Similarly, any bureaucrat who is holding a dual nationality cannot do any good job for Pakistan.
It is time when the President and the Prime Minister who have taken oath to remain sincere and faithful with Pakistan should ask all the members of the Provincial and National Assemblies and the Senate to resign and fresh elections should be held in the country.
The bureaucrats holding dual nationalities should also be asked to surrender their foreign passport, if they want to remain in the jobs in Pakistan.
This is time to correct the past mistakes so that Pakistan should prosper.
@ProudPakistani: The Chief Election Commissioner is appointed by the President of Pakistan on advice from the Prime Minister.
The constitution as per the article states "Article 63(1) (c) of the Constitution states that: 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."
A dual nationality holder does not cease to be a citizen of Pakistan and therefore cannot be denied the rights offered to any citizen of Pakistan.
We will see many constitutional petitions on this.
This is not a good decision. I believe that the hype about dual nationality is overrated. We need to know the facts about how many of the existing parliamentarians hold dual nationalities. I think that it will probably be in single digits in terms of percentage. Secondly what is the purpose of this rule? If the idea is to prevent corruption and the flow of ill gotten wealth overseas, then it will not work. Most of the corruption is committed by Pakistanis living in Pakistan and not be dual citizenship holders. In case one of these individuals wants to skip the country, then can get asylum overseas if they have enough money and contacts. There are enough examples of individuals convicted for crimes who are currently living abroad in comfort. If the idea of this rule is to propagate the rule of the civil and the military bureaucracy by keeping individuals with foreign/global experience out of Pakistani politics then it will work. Let us see how many of the sitting members of parliament declare their dual nationalities and give up their seats.
WOW! It is such a great decision! What's up with all these negative comments here? Someone trying to tell you how much money these people send from abroad, someone is saying I wanted to open robotics firm when I come back from abroad and so on. No one is stopping you from investments in Pakistan or anything of that nature. Do whatever you want as a dual nationality holder but not law-making. Dual nationality holders are still Pakistani citizens and they have all the rights that any other Pakistani has. When you get citizenship of any other country, you are under oath to look after the interests of that country. When you get elected in as a member of Parliament of Pakistan, only and only interests that are to be looked after as interests of Pakistan. If some dual nationality holder is dying to serve Pakistan, please do so but only after giving up citizenship of the other country. Thank you!
@Miss Maryam..Zardari hasn't done this... ECP is an independent institute without any govt. influence...
@Usman: First of all thanks for all the sincerity you have towards this nation. Secondly, I don't think the objective is to restrict dual nationals from coming back to the country and striving for the betterment of the nation, it just bars them from running for the public office. Lastly, I think it is a misperception among educated and committed folks that the only way we can make a difference is through participation in politics. Truth be told, you can make much more difference through think tanks that feed into policy making decisions and development planning (assuming someone like PTI is at the helm that heeds to educated folks)
People who have surrendered their Pakistani citizenship may not be eligible for elections. However, a foreigner (Mansoor) is good enough to be a start witness against Pakistani govt! Pakistani govt has been begging the non-resident Pakistanis to send money and make investments in Pakistan. They are given various ID cards as Pakistani citizens. How can they be denied of their right to vote and contest elections? Their money is all kosher but their participation is not? Beside foreign aid the biggest source of forign exchange is the money sent to Pakistan by these "rejected non-Pakistanis". What would happen if and when the next big clamity hits Pakistan? In a country where Gen Mush was army chief, president, and chief of his political party, Pakistan born hard working citizens have no rights says all about the future.
O hell yeah!!!
Thanks a lot Mr President and the government of Pakistan. We were looking to this law since last 64 years but you have done it. Thanks once again and long live Zardari.
This is a very narrow minded decision and limits the potential of the nation. As an expatriate who moved abroad for education a few years ago - I have always aspired to return to my homeland and serve the country by establishing a cutting-edge robotics firm - which is what I currently specialize in. I have always aspired to serve in a public role and perhaps put to practice the great governance models that I have seen here in the sectors of public health, security and education. There is no harm in learning from the successful nations and trying to imitate those attributes of these nations that are inline with our islamic values (and believe me there are many). Unfortunately, Pakistan has decided to forego a wealth of knowledge and experience that these dual-nationality holders have to offer and stick to the way of thinking that has served the country so well over the last 6 decades. I hope this changes - for we expatriates still always dream of the day when we wouldn't think to send our kids abroad for a "brighter future".
What about those who are members and have dual-citizenship already? Too late for that?
Ch Allah Daad.. expats do not live in Pakistan therefore there is no need for them to contest elections. The law does not bar anyone from investing in Pakistan =)
@Ch Allah Daad: Get real dude. The only "so called patroit, but dishonest and corrupt nationals" are the people who have been in power for decades and they all hold multiple nationalities. And that's why we are where we are. Outstanding decision. May the force be with them.
Silly decision. The uneducated, without a college degree, are allowed to contest but dual nationals are barred. The dual nationals are more educated (college and higher education is a criteria for getting foreign citizenship of most countries) than those without a college degree.
Dual nationality holders should be allowed to contest otherwise the requirement for basic college degree should be brought back.
Dual nationals got dual nationality not because of any other reason than for security of their families - so that if the corrupt, dynastic regimes were to flush Pakistan down the toilet, these dual nationals' families could be safeguarded. That's the bitter truth.
Dual nationals should be allowed to contest provided they bring all their assets back.
and from being, Does that mean that existing MPs will be disqualified?
Great decision!
Wow ...... Awesome news .. Thank you EC of Pakistan .
If implemented now, more than 50% will loose their seats!
Great one, at least one positive news about future election.
Great move. Unless your only future is the country you are elected for, you are less likely to do all that can be done.
Then how many peoples from recent pariament members will get elected???? I guess there are 80% peoples in assemblies members have some kind of foriegn citizenship so they get ready in the time of emergency????
Seems like most of your top leaders have been in jail, are corrupt, and apparently inept --- maybe you should consider laws that keep those guys from running for office. Just a thought.
Such a fundamental move . . . so late in the day!
Better late than never!
BRAVO!!
Very bad decision..Expatriate and Dual Nationality holders have served Pakistan more than these so called patriot, dishonest and corrupt nationals. Pakistan is surviving on the money sent by Pakistanis living abroad. They are the one who have changed the image of Pakistan from a beggar and terrorist to a hard working, honest and trustworthy Pakistan. Shame on decision makers. Change the decision or keep your begging bowl to yourself.
This is, by far, the biggest and most historic decision made by the Election Commission! great job! I just hope they stick to it and dont wilt under political pressure!
Excellent decision to bring up Patriots