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Foreign allegiance vs dual citizenship

Published:Friday | January 28, 2011 | 12:00 AM

RECENTLY, THERE has been much talk about dual citizenship as it relates to eligibility for the Jamaican Parliament. However, the issue is not about foreign citizenship but rather foreign allegiance. That is, a deliberate act to demonstrate allegiance to a foreign power or state.

If one has citizenship of another country by birth, one is not disqualified from the Jamaican Parliament. It is misleading for persons to continue to equate dual citizenship with foreign allegiance. Dual citizenship is not synonymous with foreign allegiance. According to our Constitution, if someone has dual citizenship and the non-Jamaican citizenship was gained without pledging foreign allegiance, that person is not disqualified. In addition, the Constitution is so accommodating that persons who are citizens of the Commonwealth can hold positions in our Parliament.

In the United States of America (US), one has to be born in the country to become its president. Not in Jamaica or Barbados. Edward Seaga was born in the USA but became prime minister of Jamaica. David Thompson was born in England but became prime minister of Barbados. And, Mara Thompson, widow of David, who won the St John by-election last week, was not born in Barbados but in St Lucia.

The Jamaican Constitution rightly recognises that the pledge of allegiance and obedience to a foreign power or state is absolute, full and complete, therefore, cannot be made for two competing entities. There are some positions, such as prime minister, opposition leader, legislators, commissioner of police, and chief of defence, etc., which should have total commitment to Jamaica. Becoming a naturalised US citizen requires absolute allegiance. The oath states:

"I hereby declare an oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, of whom or which I have, therefore, been a subject or citizen, that I will support and defend the constitution and laws of the US ... ."

This oath is not only absolute, exclusive and comprehensive in its allegiance, but it also requires one to renounce one's Jamaican citizenship. A legislator could make laws to which he or she knows he or she will not necessarily be subjected. No legislator should have divided loyalty or a potential conflict of interest. The issue is not about dual citizenship but foreign allegiance.

Potential conflict of interest

For that matter, someone could have three citizenships and not be barred from the Jamaican Parliament. However, to pledge allegiance to a foreign power or state would be a potential conflict of interest.

There is no legislator in the US, United Kingdom or Canada that I know of who has pledged allegiance to a foreign power or state. It would be untenable. There are persons born outside the country who could be elected, but once they pledge allegiance to a foreign power, they would be disqualified.

When Abe Dabdoub won an election petition against Phyllis Mitchell of the People's National Party, I wrote then that she should be required to return the salary earned. It is not enough for someone to flout the Constitution about swearing allegiance to a foreign power and all that happens is a by-election. A politician who flouts this provision in the Constitution and causes the country to incur cost for a by-election should at least be fined the cost of the by-election. In addition, the salary earned as a member of parliament should be returned.

Using persons who have renounced their citizenship by pledging allegiance to a foreign state or power to be legislators suggests that we do not have committed and loyal people in our country who are capable of managing our own affairs. Having foreign allegiance poses a potential conflict of interest in sensitive positions and undermines our commitment to Jamaica.

Devon Dick Dick is pastor of the Boulevard Baptist Church in St Andrew.