Pakistan's dual nationality debate

According to the constitution of Pakistan, persons holding dual nationality can neither become members of the parliament nor, by implication, ministers. However, this condition does not extend to the non-elected advisers or special assistants to the prime minister, who often attend cabinet meetings and are privy to its discussions.

As it transpired that some of non-elected members of his team hold dual nationality or residence cards of foreign countries, Prime Minister Imran Khan asked all of them to declare their national status and assets, and ordered that the information be made public. The episode has triggered a lively national debate.

The main point raised in the debate is that such persons could have split loyalties and, therefore, should not qualify for sensitive government assignments.

Pakistan has dual nationality arrangements with sixteen countries, including Great Britain and Canada — those Pakistanis who get their nationality can keep both passports. But when a person acquires foreign nationality, he declares his total allegiance to that country.

It would be recalled that former Prime Minister Nawaz Sharif was disqualified by the higher judiciary for not declaring the residence permit of a foreign country. While residence permit of any country is very different from having its nationality, possession of a residence card may also entail conflict of interest. A penchant for greater transparency in governance is certainly discernible in the current government's policy.

At the same time, opposition parties have criticized the government for giving important portfolios to persons who may have come to their motherland for a short term. But the problem is that elected parliamentarians often do not have expertise in sectors such finance, information technology and energy.

The armed forces of Pakistan do not allow any dual national in their ranks. However, there is no such bar on the civilian side. The parliament was notified a couple of years ago that over 1,000 bureaucrats in the federal and provincial governments were dual nationals. Some five years ago, Auditor General of Pakistan was dismissed from service, with one of the accusations against him being he had not sought the government's approval before applying for dual nationality.

Over the years, the government of Pakistan has been promoting employment abroad and has not discouraged legal immigration. In fact, 8 million Pakistanis working abroad are now a source of strength for Pakistan’s economy. I would reckon that about one fourth of them are dual nationals. Important persons like the governor of the biggest province and a federal minister were dual nationals some time ago. They renounced their foreign nationality in order to serve Pakistan.

Dual nationals, desirous of serving their motherland, should be encouraged to invest in the private sector where a number of promising areas are coming up. They can also lend their expertise to the health, education and engineering sectors and contribute handsomely to national development.

Javed Hafeez

Accountability and transparency are important cannons of democratic rule. Ministers and bureaucrats assisting them function under certain rules and discipline. They have to be men of integrity in regard to public money and classified information. Officials dealing with sensitive information in investigative departments or special security-related offices should not be dual nationals. This is not to say that dual nationals are not men of integrity or are below par as far as loyalty to Pakistan is concerned. The moot point is that in case of an investigation into any impropriety, the person being investigated should be available in Pakistan.

In a parliamentary democracy, the legislature has a central position. It not only makes laws but also provides ministers who execute those laws with the assistance of bureaucracy. Parliamentarians invest time and effort to contest elections. After being elected, they have to keep in regular touch with their electorate. The elected representatives are a vital link between the government and people. It is but natural for them to detest any encroachment of their powers and privileges. It is no secret that elected ministers in Pakistan have certain reservations against unelected advisers, some of whom are also dual nationals.

Clearly the times have changed, and Pakistani laws have lagged behind, in this respect. Fresh legislation is required to address the issue. It can be legislated that all five assemblies would elect a certain number of technocrats who hold only Pakistani nationality. The departments that deal with sensitive information should be spelt out and closed to dual nationals. Similarly, senior bureaucratic positions related to strategic subjects should be defined and reserved for Pakistani nationals only.

Dual nationals, desirous of serving their motherland, should be encouraged to invest in the private sector where a number of promising areas are coming up. They can also lend their expertise to the health, education and engineering sectors and contribute handsomely to national development.

- Javed Hafeez is a former Pakistani diplomat with much experience of the Middle East. He writes weekly columns in Pakistani and Gulf newspapers and appears regularly on satellite TV channels as a defense and political analyst. Twitter: @hafiz_javed