The Progressive People’s Party (PPP) says it will effectuate equal citizenship, if elected in 2012. This forms the PPP’s commitment to restoring equal and full citizenship rights to dual citizens to allow them to serve in public sector positions. “There are thousands of dual citizens whose expertise, views, interests, ideas, and values are worthy of inclusion in our collective drive for development. We undermine democracy and our creative potential by freezing the views and expertise of some our own people, educated by taxpayers. The PPP wants to build an inclusive society and cannot exclude our dual citizens,” Dr. Papa Kwesi Nduom, flagbearer for the party stated in a release. Read the details of the release by Dr. Nduom. Equal and Full Citizenship Rights for Ghanaians who are Dual Citizens Introduction The PPP’s Political Platform for the 2012 election includes the following: “The PPP will establish a Secretariat to cater for the needs of Ghanaians Abroad and the African Diaspora by June 30th 2013. Provide a support system to encourage re-entry, investment, safe and healthy vacations and transfer of knowledge and technology. We will ensure full citizenship rights to Ghanaians Abroad so that they can vote and serve in public sector positions.” The Progressive People’s Party ( PPP) will effectuate equal citizenship, if elected in 2012. The PPP is committed to restoring equal and full citizenship rights to dual citizens to allow them to serve in public sector positions. There are thousands of dual citizens whose expertise, views, interests, ideas, and values are worthy of inclusion in our collective drive for development. We undermine democracy and our creative potential by freezing the views and expertise of some our own people, educated by taxpayers. The PPP wants to build an inclusive society and cannot exclude our dual citizens. Anytime I have the opportunity to travel to Europe, Canada, the USA and other parts of the world, I enjoy interaction with many of our citizens who are currently resident outside the country. We discuss a wide range of issues and they express their commitment and willingness to contribute to building the country. In our discussions, I reiterate the PPP’s agenda for change that is built on a platform of inclusiveness that will seek out and employ the most qualified and talented Ghanaians to help in the transformation of our economy. Ghana is indeed fortunate to have so many talented individuals who reside outside and continue to show interest in the country. I personally had the opportunity to study, live and work outside the country for many years and gained valuable experience that I have put to use for the benefit of Ghana. I know that all Presidents we have had in this 4th Republic have held meetings with Ghanaians abroad whenever they have traveled. They have made promises to integrate them into our society to give them the opportunity to contribute to the growth and development of our country. Unfortunately, the promises have not been fulfilled. The PPP aims to be different. A citizen of Ghana who holds the citizenship of another country is a dual citizen. The 1992 Constitution allowed a Ghanaian to be a dual citizen if, on attaining the age of twenty-one years, he, through marriage or other involuntary acts (e.g., political prosecution) acquired or retained the citizenship of a country other than Ghana (see Article 8(1)). Other than Article 94(2)(a), which provides that, “A person shall not be qualified to be a member of Parliament if he owes allegiance to a country other than Ghana,” the 1992 Constitution did not impose any office-holding exclusions on dual citizens. In 1996, Parliament amended the Constitution by enacting The Constitution of the Republic of Ghana (Amendment) Act, 1996 (Act 527). Act 527 repealed Article 8(1) of the Constitution, 1992 and substituted Article 8(1) Constitution, (Amendment Act), 1996 (Act 527), which states that, “A citizen of Ghana may hold the citizenship of any other country in addition to his citizenship of Ghana.” Unfortunately, Act 527 also inserted an entirely new section 8(2) which, states that, “Without prejudice to article 94(2)(a) of the Constitution, no citizen of Ghana shall qualify to be appointed as a holder of any office specified in this clause if he holds the citizenship of any other country in addition to his citizenship of Ghana: a) Ambassador or High Commissioner; b) Secretary to the Cabinet c) Chief of Defense Staff or any Service Chief; d) Inspector General of Police; e) Commissioner, Customs, Excise and Preventive Service; f) Director of Immigration Service; and g) Any office specified by an Act of Parliament.” In 2000, Parliament enacted the Citizenship Act 2000 (Act 591). Dual Citizenship is dealt with under Section 16 of Act 591. Regulations 10, 11, 12 and Schedule 1 of The Citizenship Regulations, 2001 (L. I. 1690) regulate the procedure for the application and issuance of a certificate of dual citizenship. Section 16(2) of the Citizenship Act, 2000 (Act 591) adds more public office holding exclusions and empowers the minister to add to the list. The Section 16 (2) list is as follows: a. Chief Justice and Justices of the Supreme Court; b. Ambassador or High Commissioner; c. Secretary to the Cabinet; d. Chief of Defence Staff or any Service Chief; e. Inspector-General of Police; f. Commissioner, Custom, Excise and Preventive Service; g. Director of Immigration Service; h. Commissioner, Value Added Tax Service; i. Director-General, Prisons Service; j. Chief Fire Officer; k. Chief Director of a Ministry; l. the rank of a Colonel in the Army or its equivalent in the other security services; and m. any other public office that the Minister may by legislative instrument prescribe. In May 2012, the Supreme Court struck down Section 16(2)(m) of Act 591 as unconstitutional, in that Parliament unlawfully delegated its powers to the minister (see Professor Asare v. Attorney-General 2012, Writ J1/6/2011). The Court also struck down L.I. 1690’s requirement for a dual citizenship certificate. In sum, our current laws allow for dual citizenship but such dual citizens have very limited rights and those rights have shrunk from what they were in 1992. The usual reason cited for excluding dual citizens is a concern about their “fidelity and loyalty.” As the Attorney-General has recently stated to the Supreme Court, “How can the loyalty of say a Colonel in the Ghanaian Army be guaranteed if there is a war between Ghana and Nigeria and the said Colonel holds both citizenship of Ghana and Nigeria? How can one be sure of the commitment and loyalty of Ghanaian High Commissioner to UK if there is a diplomatic row between Ghana and UK when the same Ghanaian High Commissioner holds a British citizenship as well?” Our nation has not allowed concerns about loyalty and fidelity to stand in the way of fielding dual citizens like Prince Kevin Boateng and Abedi Ayew in the Black Stars, even though the game of soccer, with only 11 players, present better opportunities for “sabotage” than that of legislating, where an MP is one of 230 (now to become 275). It is also difficult to fathom why a Ghanaian born citizen who has acquired the citizenship of another country cannot be employed as the Chief Fire Officer, Commissioner (Value Added Tax Service) or the Chief Director of a Ministry. What in our national psychology allows us to doubt the loyalty and fidelity of our own brethren who grew up on our streets, attended our schools, own property in the country, contribute to the national economy and take care of our parents, merely because they have also acquired the citizenship of another country? Why can a Ghanaian citizen who has acquired the citizenship of Britain be an MP in Britain but not in Ghana? If the British have no concerns about the fidelity and loyalty of a Ghanaian by birth who has only recently acquired British citizenship, why should we have doubts about this son of the land? The exclusions are also irrational because dual citizens have served and can serve at the office of the Presidency, including at the office of Chief of Staff. If dual citizens can serve at the office Chief of Staff of the President, which arguably is one of the most powerful positions in the country, then it is unfathomable and irrational to exclude them from serving in positions, such as a Chief Fire Officer or as Members of Parliament. Ghana has had mayors with citizenship from countries other than Ghana. Excluding dual citizens from holding public office is not consistent with our obligations under the International Covenant on Civil and Political Rights (Article 25), the Universal Declaration of Human Rights (Article 21) the African Charter on Human and Peoples’ rights (Article 13), and the Universal Declaration of Human Rights (Article 21). These treaties obligate us to treat all our citizens equally and allow them to fully and equally participate in the political process. In Nigeria, our sister country, dual citizens are allowed to hold any and all offices, including the Presidency. In the celebrated case of Ogbeide vs. Osula {2004} 12 NWLR PART 886, the Nigerian Court said “a person who is a citizen of Nigeria by birth cannot have such citizenship forfeited or become ineligible to contest such elections under any circumstances even where section 65(1) is read with section 137, a person who is not a citizen of Nigeria can be so registered, but where he is not a citizen of that other country by birth, his registration will be conditioned on the renunciation of his citizenship of that other country.” There is no good reason why dual citizens cannot serve in Parliament, a body of 230 persons whose processes are largely in the public. It does violence to our democratic credentials if some of our citizens are precluded from belonging to the highest deliberative body. Dual citizens have served at the Castle and this has not produced any difficulties. Dual citizens and Ghanaians in the diaspora support the national economy with their remittances. In 2010, remittances or private unrequited transfers (net) in the year amounted to $2.12 billion. This evidences their loyalty and commitment to the country. In the history of the 4th Republic and the country, there is not a single case, where a dual citizen has been found to disloyal, infidel or otherwise harm the interest of the country as a result of their dual citizenship. On the other hand, many dual citizens played an active role in creating the conditions that led to the establishment of the 4th Republic. Dual citizens, as citizens of this country, have interests and have a fundamental right to fully engage in the political process, including the ability to serve in all elected and appointed public offices. In summary, the country’s interest will be better served by allowing all our citizens to take part in the political process by offering their services for elected and unelected offices. The PPP pledges to garner the necessary parliamentary support to amend the Constitution of Ghana by repealing Articles 94(2)(a) and 8(2) of the Constitution. It also proposes the repealing of Section 16(2) of the Citizenship Act, 2000 (Act 591). The PPP pledges to initiate the process of making this happen within 180 days of being in office. Papa Kwesi Nduom Presidential Candidate 6 October, 2012