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Stabroek News

LETTER OF THE DAY: Time for cleansing of citizenship dilemma
published: Thursday | May 15, 2008

THE EDITOR, Sir:

CITIZENSHIP HAS its privileges, but dual citizenship has its drawbacks. There is compelling argument against maintaining dual citizenship while holding particular public offices and there is equally forceful argument against disqualification from those offices because of dual citizenship. Thrown in the mix is Commonwealth citizen status.

John Maxwell's comment, "I spy a stranger in the House" (Observer, 11/5/08), and Paul Ashley's statement, "Over to you, Mr Speaker" (Herald, 11/5/08), apply equally to the Electoral Advisory Committee as they do to the Members of Parliament and Senators.

The director of election's dilemma over his dual citizenship has placed the entire membership of the Electoral Advisory Committee under scrutiny for having failed to verify his eligibility for the position and for allowing that state of affairs to have continued for so long. In addition, there needs to be an assurance that no nominated or selected member of the committee is similarly disqualified.

For the promise of nationhood

There should be no problem in understanding the disqualification from holding certain offices because of dual citizenship, as set out in the Constitution and the Representation of the People (Interim Electoral Reform) Act. These provisions are there to protect the integrity of the public service and to fulfil the promise of nationhood. The Constitution:

40. - (2) 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 acknowledgment of allegiance, obedience or adherence to a foreign power or state;

Representation of the People (Interim Electoral Reform) Act

SCHEDULE

2. - (1) No person shall be qualified to be a nominated member if he -

(a) is not a citizen of Jamaica resident in Jamaica;

(f) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;

(2) No person shall be qualified to be a selected member or the director if he -

(c) is disqualified from being a nominated member under sub paragraph (1).

Cleansing by truth and resolution

The prohibition in the Constitution and the act is against a person who "by his own act" is "under any acknowledgement of allegiance" to a foreign state. The disqualification is not by dual citizenship per se, but by the deliberate and voluntary act of the individual to pledge loyalty to another state while holding designated public office in Jamaica.

The people of Jamaica have entrusted important functions to persons in whom they have confidence to represent them in Parliament, and others in whom they have confidence to conduct free and fair elections - functions that are vital to democracy. When called upon to say whom do you serve, the unequivocal answer is in the Biblical injunction against serving two masters. In Jamaica, the one master is the people of Jamaica. It is time for the cleansing of these positions by truth and resolution.

I am, etc.,

FRANK PHIPPS

phipps@infochan.com

Duke Street, Kingston

Via Go-Jamaica

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