IT is an individual’s inherent basic right to choose his faith or nationality, irrespective of origin of his birth. Both these choices come with conditionalities. Choice of Faith is an individual spiritual decision, while the choice of nationality offers privileges defined under laws of the land or its constitution, apart from collective responsibilities, such as payment of taxes and complete loyalty to the country. Ideally speaking, commitment and loyalty to a faith or a country must be complete, with no place for any compromises or split loyalties.

The intensity of this commitment to nationality is so strong that people are willing to offer their supreme sacrifice fighting to defend its sovereignty, irrespective of the individual’s religion or faith. Examples of this are men like Cecil Chaudhry, CJ Cornelius etc. This commitment on assumption of nationality places restrictions and obligations, which individual pledges on oath, when acquiring citizenship of a country. Individuals desiring to become nationals of another country, which may not be their origin of birth, nor of their parents, are classified as Naturalized Citizens who must take an oath of allegiance before competent authority, designated by that country.

The British Parliament passed Government of India Act in 1935, effective from 1937, where effectively the Colonial Raj introduced diarchy at central and provincial levels. It established a federal court, with key subjects like defence and foreign affairs under the GG, appointed by Raj. It expanded franchise to 14% of the population from existing 3% and offered separate electorates to Muslims, Sikhs etc but not to oppressed classes or subjects of princely States. The Colonial period in undivided India was from 1858 to 1947. The British initially arrived as traders of East India Company, interested in spices which was a valuable commodity in Europe. Eventually though intrigues and buying loyalties of many natives, they subjugated indigenous people to transfer natural resources of the colony for benefit of British state and monarchy.

In the post-colonial era, which followed after WW-II, when they suffered colossal losses in men and infrastructure, they were forced by circumstances to vacate their occupation. However, their need in terms of human and natural resources made it imperative for them to retain their influence in their former colonies. One of the tools to facilitate this was concept of dual nationality. Colonialism is a process where the colonizing group tends to reconstruct the social fabric of a country for strategic and economic development of the colonizing country. The rapid technological advances requirement for such objectives of colonialists to be achieved, demanded switchover from non-skilled manpower to educated and qualified professionals, especially the younger generation by offering them jobs in return for their commitment to their newly adopted country by offering them permanent residential status or even nationality.

Limited job opportunities in Pakistan are filled by incompetent cronies or retired officials, instead of qualified youths, which has aggravated the situation. The recent adoption of Patriots Act by USA and similar legislations by countries in Europe, Canada, Australia etc place heavy penalties and punishments for those, seen to be wavering from perception of undivided loyalty to their adopted country. In pursuit of their objectives, in countries like Pakistan, when an opportunity occurred after early demise of MAJ, they succeeded in obstructing democratic political process by projecting and promoting groups, who had served the Raj as collaborators for prolonging and securing their colonial occupation.

They succeeded in Pakistan relatively easier after 1948, in derailing Jinnah’s vision, with likes of Iskandar Mirza and others, both civil and uniformed, who had served them earlier under colonial occupation. Ayub Khan’s BD system was an adaptation of British Legacy and concept of diarchy, in contradiction to Quaid’s vision of a modern democratic welfare state, with a constitution, as supreme law and self-rule through direct elections. Similarly, the concept of Dual Nationality, where citizens pledge loyalty to another sovereign state, yet exercise right to vote and decide the fate of a country, whose citizenship they held because of the origin of birth, is a blatant contradiction and example of split loyalties.

The wordings of Oath of Allegiance taken by every individual who wishes to become a US citizens leaves no doubt or ambiguity about his complete undivided loyalty when he “Declare, on oath that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the USA against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the US when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I will take this obligation freely, without any mental reservations or purpose of evasion; So help me God”.

Dual Nationality promotes massive brain drain which is facilitated by ensuring that countries like Pakistan remain politically and economically unstable. It also encourages flight of capital, when those who have benefitted most from job opportunities, held important sensitive assignments, with immense powers and opportunities for kickbacks and massive corruption or tax evasion, now seek immigration to foreign countries on the basis of investment etc. It is this latter category, which has the potential of harming Pakistan’s national security and economic viability.

Shocking revelations about vast properties owned by important members of the paid elite, post-retirement, by an investigative journalist expose enormity of malpractices. The beneficiaries of immense profits from vast tax-free real estate investments are a major contributor to flight of capital through regular and irregular banking channels, along with under invoicing by exporters/importers and cartels involved in smuggling of tobacco, sugar and fertilizer, which results in disrupting the supply chain of essential commodities and artificial shortages reflected in escalated inflation, unrest and instability.

—The writer is contributing columnist, based in Lahore.

Email: [email protected]

views expressed are writer’s own.

QOSHE - Dual nationality: A legacy of colonial rule - Malik Tariq Ali
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Dual nationality: A legacy of colonial rule

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31.12.2023

IT is an individual’s inherent basic right to choose his faith or nationality, irrespective of origin of his birth. Both these choices come with conditionalities. Choice of Faith is an individual spiritual decision, while the choice of nationality offers privileges defined under laws of the land or its constitution, apart from collective responsibilities, such as payment of taxes and complete loyalty to the country. Ideally speaking, commitment and loyalty to a faith or a country must be complete, with no place for any compromises or split loyalties.

The intensity of this commitment to nationality is so strong that people are willing to offer their supreme sacrifice fighting to defend its sovereignty, irrespective of the individual’s religion or faith. Examples of this are men like Cecil Chaudhry, CJ Cornelius etc. This commitment on assumption of nationality places restrictions and obligations, which individual pledges on oath, when acquiring citizenship of a country. Individuals desiring to become nationals of another country, which may not be their origin of birth, nor of their parents, are classified as Naturalized Citizens who must take an oath of allegiance before competent authority, designated by that country.

The British Parliament passed Government of India Act in 1935, effective from 1937, where effectively the Colonial Raj introduced diarchy at central and provincial levels. It established a federal court, with key subjects like defence and foreign affairs under the GG, appointed by Raj. It expanded franchise to 14% of the population from existing 3% and offered separate electorates to Muslims, Sikhs etc but........

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