Wildman: Pledging allegiance is the problem in the dual citizenship debate

The issue of dual citizenship has been a topical issue in Jamaica for quite some time, and prominent attorney-at-law Hugh Wildman says the public must be aware that the Constitution of Jamaica is against the pledging of allegiance to a foreign state or power for those who want to be parliamentarians or senators.

Wildman, who is an expert on the Constitution, told The Gleaner on Tuesday, "I think it is my duty to explain to the public how Sections 39 and 40 of the Jamaican Constitution are to be interpreted.”

He pointed out that Section 39 is the qualification section for one to be eligible to be elected to the Lower House or to become a senator.

The section stipulates that one is eligible to be elected to the House of Representatives or nominated to the Senate, which is the Upper House, if one is a Commonwealth citizen and living in the country for 12 months before the election or nomination.

“In short, the Jamaican Constitution does not recognise Jamaican citizenship as the basis for election or nomination to the Parliament,” he explained.

Asked what the importance of that was, Wildman said it meant that if you were born in any Commonwealth country and came to Jamaica and lived in the country for at least 12 months prior to nomination, “you are eligible to be elected or nominated to Parliament because you are a Commonwealth citizen”.

“However, if you are born in Jamaica and go to another Commonwealth country and take out Canadian or British citizenship and come back to Jamaica, and you want to be elected to the Lower House or nominated to the Senate, you have to renounce that Canadian or British citizenship because you would have been disqualified under Section 40 of the Constitution. The reason being you would have pledged allegiance by your own act to a foreign state even though that foreign state is a Commonwealth country.

“Similarly, if you were given citizenship at birth in a Commonwealth country and when you become an adult you renew the passport then if you return to Jamaica and you want to enter Parliament, you will have to give up that passport that was renewed.

“The difference between Commonwealth countries and the United States or any other non-Commonwealth countries is that if you are born in any of those countries, you will not be able to run for the Parliament of Jamaica unless you give up that citizenship and acquire a Commonwealth passport such as a Jamaican passport because Jamaica is a Commonwealth country and you must live in the country for at least 12 months.

“This is how Sections 39 and 40 are to be interpreted,” Wildman added.

Commenting further on the issue, Wildman said, “The key thing is that the Constitution is against pledging of allegiance to another sovereign state by your own act and not by your parents, and it does not matter whether the state is a Commonwealth country or not because although it is a Commonwealth country, it is still a sovereign state which has its own constitution,” he emphasised.

What seems to have caused the confusion, says Wildman, is that people are of the view that if you go and pledge allegiance to a Commonwealth country and come back to Jamaica to run for the Parliament, you are not disqualified.

Wildman reiterates that you are disqualified because you would have pledged allegiance to a foreign power by your own act and the Constitution of Jamaica prohibits that.

Section 39 of the Constitution states that “subject to the provisions of Section 40 of this Constitution, any person, who at the date of his appointment or nomination for election -

"(a) is a Commonwealth citizen of the age of 21 years or upwards; and

"(b) has been ordinarily resident in Jamaica for immediately preceding 12 months shall be qualified to be appointed as a Senator or elected as a member of the House of Representatives and no other person shall be so qualified.”

Section 40 (2) states that “no person shall be qualified to be appointed as a Senator or elected as a member of the House of Representatives who -

"(a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign Power or State.”

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