Parliment Supports Dual-Citizenship?

Accra (Greater Accra), 17th November 99 - Members of Parliament in a second reading on Wednesday threw their support behind the Citizenship Bill, which seeks to consolidate the laws on citizenship.

The bill also makes provision for the method by which persons who lost citizenship because of the prohibition of dual citizenship, could be issued with certificate of citizenship.

The draft legislative proposal seeks to replace the Ghana Nationality Act, 1971 (Act 361), subject to amendments and modifications by subsequent constitutions.

The Nationality Act has regulated the citizenship issue since its enactment to the present.

In a motion for the second reading, Nii Okaija Adamafio, Minister of the Interior, told the House that citizenship by birth has been the greatest area of controversy.

He said the bill has adopted a method of stating the applicable legal conditions at the various dates.

This is because citizenship by birth is a condition one acquires on the date of birth, dependent on the law in force, the Minister explained.

The Minister said citizenship acquired through registration, naturalisation and other administrative means, backed by law, has been relatively easy to deal with.

However, determination of citizenship by birth has always been a problem, caused by the country's colonial past, and the changes in the legal conditions that have applied at different periods.

Nii Okaija said that the country's constitutions have saved legally acquired citizenship that existed at the time of the coming into force of the relevant constitution.

In order not to sweep aside any citizenship legally acquired and existing, it has become necessary to state the law as it relates to citizenship by birth at the given periods in time.

Nii Okaija said to determine if one is a citizen of Ghana by birth, it is necessary to relate the question to the legal conditions applicable at the given date of birth, adding, "it is appreciated that the exercise is cumbersome".

A memorandum accompanying the bill indicates that the draft legislative proposal is in four parts, the first re-states the constitutional provision, which saved existing valid citizenship on the coming into force of the 1992 Constitution.

The second part dwells on citizenship by adoption, registration and naturalisation and sets out the qualification for these, in essence, it reproduces the provisions in the existing Ghana Nationality Act, 1971 (Act 361), which are not in conflict with the Constitution.

The memo said the dual citizenship provision is dealt with in part three, while in part four, which deals with miscellaneous provisions, the only new matter of interest is the meaning of "minor".

It said this is set at before age 18, in line with the Constitution, instead of 21 years, as currently exists under Act 361, adding that the part also saves existing citizenship acquired by adoption, marriage, registration or naturalisation.

In its report, the joint Committee of Constitutional, Legal and Parliamentary Affairs, Defence and Interior, which considered the bill, recommended among other things, a stiffer punishment for offences under the bill.

The Committee considered such offences, including making false statement for the purposes of acquiring Ghanaian citizenship, as 'serious' and 'grave' and recommended a penalty of "not less than five million cedis and not exceeding 20 million cedis or a prison term not less than 24 months or to both".

In the ensuing debate, members who contributed variously described the bill as "far-reaching", "progressive" "timely" "historical" and "forward-looking".

Nana Akufo Addo, the Minority Spokesman on Constitutional and Legal Matters, said the bill is in the right direction and expressed satisfaction with the provision for dual citizenship.

Mr. Kobina Fosu, NDC-Asikuma-Odoben-Brakwa, noted that the bill makes adequate provisions to prevent unnecessary disputes and tensions over the issue of citizenship.

He appealed to the Ministry of the Interior to issue every Ghanaian of 18 years and above with an identity card.

Mr. Abraham Ossei Aidoo, NPP-Tema West, supported the bill but suggested that since every Ghanaian is accorded the same rights as citizens, the government should intervene on behalf of citizens, who are serving jail terms in foreign lands for various offences, including drug trafficking.

Mr. Kwaku Acheampong Bonful Deputy Minister of the Interior, on a point of order, said that any Ghanaian citizen, who decides to take the risk of trafficking in drugs, for instance, should not expect any government intervention but must face the music when arrested.

Mr. E. S. Zumakpeh, NDC-Nadowli South, urged the sector Ministry and the National Commission on Civic Education (NCCE) to educate the people to know their rights and obligations as citizens.

Mr. J. H. Mensah, the Minority Leader, supported the bill but raised a number of issues on the provisions under the bill and questioned whether these have been adequately addressed.

He asked for instance, whether under the bill Ghana is going to be as generous as other countries, which have granted citizenship to a number of Ghanaians.

"There should be a certain degree of reciprocity in the granting of citizenship to other nationals", he suggested.

Mr. Mensah explained that he was raising these issues to be looked at during the consideration stage of the bill.

The Minority Leader called for a special dispensation for Africans in the Diaspora, who want to acquire Ghanaian citizenship under the "right of return".

Ms Christine Churcher, NPP-Cape Coast, said if the bill embraces all existing laws on citizenship and addresses issues raised in their provisions, then the draft proposal is timely.

She said those agitating for dual citizenship are mostly Ghanaians resident abroad, who want to be part of the solution to the country's problems. They want to contribute their mite to the national development effort.

Dr Alex Ababio, NDC-South Dayi, described the bill as "far-reaching" and said it is good that dual citizenship has been considered.

He noted that there are a number of children born of Ghanaian and other nationalities, saying, "such children can now see clearly where they want to belong".

Dr Kofi Konadu Apraku, the Minority Spokesman on Finance, supported the bill, particularly the provision for dual citizenship.

He said under this provision, a number of Ghanaians resident abroad, who are prepared to make significant contributions to the national economy, can now do so, since it gives them the opportunity to maintain their citizenship.

Mr. Francis Kwasi Buor, NPP-Offinso South, said the bill will give recognition to the dual nationality of Ghanaians outside the country, and this will encourage them to support the national development effort more positively.

Papa Owusu-Ankomah, NPP-Sekondi, said the bill, if passed, would create a certainty about citizenship.

Alhaji Malik Al-Hassan Yakubu, the Minority Spokesman on the Interior, said it was appropriate that after several representations, the dual citizenship has been accepted.

Winding up the debate, Nii Okaija thanked the House for the 'overwhelming' support and contributions given to the bill.

He said the bill is not contentious and underscores the importance of the issue of citizenship.

"It is important that the issue of citizenship would not be resolved by reverence to rhetoric or polemics.

"It can be resolved by reverence to nation state and sovereignty", he said.

Nii Okaija re-emphasised the government's position that it would not intervene in cases where Ghanaians abroad have been convicted for various offences, including dealing in narcotics and have been properly dealt with according to the laws of the countries where the offences were committed.

"When you bring back home such a convict, are you going to let him loose on society?"