NDC-Hamburg Calls For Reforms Of The Dual-Citizenship Law

The NDC Party in Hamburg as part of the ongoing process to draft a new Constitution has made a submission to the Constitutional Review Commission for Reforms of the existing dual citizenship law.

As part of the ongoing consultation amongst Ghanaians to build a new Constitution in line with the nation’s economic, social and political aspirations, the Constitutional Review Commission (CRC) has called for consultation of Ghanaians both home and abroad to make suggestions and inputs into the new process. Embassies abroad have been instructed to engage Ghanaians overseas in the process. As a result NDC Europe has instructed its members to have dialogue amongst the various Branches and to make submissions on issues of pertinent interest to the Constitutional Review Commission.

NDC Europe is a network of NDC branches in Europe which presently includes Germany, Sweden, Switzerland, Netherlands, Norway and Italy. It aims to strengthen the structures of the NDC Party in Europe and Ghana, build our alliances with mainstream EU Socialist Parties with the aim of enhancing the Democracy and Governance system in Ghana.

As part of the process members of NDC Hamburg have deliberated on a number of issues which have been submitted to the Constitutional Review Commission. Of most importance to members of the Hamburg Branch is the need to reform the existing Law on Dual Citizenship.

Below is the full text of NDC Hamburg’s submission to the Constitutional Review Commission:

Following the contributions of NDC Norway and NDC Netherlands to the constitutional review of the Republic of Ghana, NDC-Hamburg wishes to participate in the debate to the review. The members of NDC-Hamburg have met on several occasions to debate on matters and issues that interest them, personally on the ongoing Constitutional Reform debate.

To begin with, the sentiments of most members gave an indication that the issue of Dual-Citizenship was paramount on the discussion. The Ghanaian Diasporas in Germany are highly disappointed that Dual-Citizenship does not apply to them, as the Federal Republic of Germany does not have any intension of going into any Dual-Citizenship agreement with the Republic of Ghana. This matter, in fact cannot be solved by the Constitutional Review Committee. The Ghanaians in Germany, however, wish that the Government of the Republic of Ghana to continue negotiating with the Federal Republic of Germany to agree to a Dual-Citizenship. Dual-Citizenship for a Ghanaian in Europe presents the sole advantage that most Ghanaians may freely move within and without the borders of any European country, including Britain and the United States of America. This also means that for Ghanaians with Dual-Citizenship, there are reduced trade limitations. The same shall theoretically apply to the Ghanaian in the West African sub-region and possibly in the African continent. To others, the holders of Dual-Citizenship might seem to be self-centered, but there is no doubt that their experiences and activities can go a long way to support the economic development of our dear nation, the Republic of Ghana.

The meeting of the NDC-Hamburg that took place on Sunday, 12.12.2010 and on Tuesday, 14.12.2010 respectively intended to study and debate on the existing constitution, The Citizenship Act, 2000; ACT 591 PART III 16 (1) and (2) which among other sections of the Dual Citizenship was enacted by Parliament on 29th December, 2000.

Section 16 (1) stipulates that “a citizen of Ghana may hold the citizenship of any other country in addition to his citizenship of Ghana.” Section 16 (2) states that “without prejudice to article 94 (2) of the constitution, no citizen of Ghana shall qualify to be appointed as a holder of any office specified in this subsection if holds the citizenship of any other country in addition to his citizenship of Ghana” and there are:

“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, Prison Service;

j) Chief Fire Officer;

k) Chief Director of the ministry;

l) the rank of a colonel in the Army or its equivalent in other security services; and

m) any other public office that the Minister may by legislative instrument prescribes.”

No doubt, most of the above mentioned positions are very sensitive to the security of our nation. As such, apart from the requirement of professional and technological know-how the position has to be taken in by personalities with absolute loyalty to our dear nation. One wonders why the constitution does not prevent the executive from seeking expatriates to take in certain positions of professional and technological competency. Expatriates of course cost the nation a lot of foreign loans. Shall a Ghanaian with other nation’s citizenship cost the nation any foreign loan? Does it imply that the Ghanaian with other nation’s citizenship is disloyal? Is the expatriate loyal to our dear nation?

The constitution does not state the motive of the limitations to Article 16, Dual Citizenship, but it can be deduced that the focus were mainly on competency and loyalty to our dear nation. This is why the questions above need to be seriously addressed. However the subsection (2) implies that a Ghanaian that has a dual citizenship can service for example in the Armed Force (including the Army, Navy and the Air force) but this holder shall never rise above the rank of a major irrespective of his professional qualifications, technological competency, experience and loyalty to the nation. Similarly, a police officer who possesses a dual citizenship shall not rise above the rank of a superintendent. With the legal and judicial services a Ghanaian holder of a dual –citizenship shall be a barrister or a solicitor and may work either for the office of Director of Public Prosecution or for the Judicial Services, but the holder shall never be a magistrate nor a judge.

This subsection clearly shows that talents, technological competency and experiences needed for the efficiency and development of the nation might be wasted in the above mentioned state services as well as other services such as the government cabinet, foreign services, customs, excise and preventive services etc. probably for fear of disloyalty to the nation. If so, does this provision not demonstrate a baseless prejudice of Ghanaians with dual-citizenship? This is what Ghanaians in Germany; particularly NDC-Hamburg members are surprise about.

The fact is that we are all aware that in some cases the government is compelled by circumstances to invite foreign expertise, thus expatriate to help shape the administration and economic situation of our nation. This cost the Ghanaian tax payer a great lump of IMF loan. Since the constitution, citizenship act, 2000, ACT 591 does not deliver the reasons for the limitation to dual citizenship the consensus at the NDC-Hamburg debate was that the points on loyalty and technological know-how assumes the reasons.

The question now being put to Ghanaians and the members of the constitutional review committee by NDC-Hamburg members is that the “Do the points loyalty and technological know-how as suggested by the Citizenship Act 2000 still hold valid in that form after 10 years?” If the answers to the two points above are yes, then the constitutional review committee must maintain the limitation on Dual citizenship 16 (2). If on the other hand, there doubts and there could be any suspicion that the limitation is prejudicial that Ghanaians with dual citizenship are more likely to be disloyal, incompetent and will not possess the necessary technological know-how for our nations development at a reasonable cost then the limitations to Dual Citizenship Act 16 (2) must be modified or be repealed. For the nation, Ghana needs all expertise and competencies for a better Ghana.

Signed:

Joe Anamoa Wallace

Secretary NDC-Hamburg

Email: secretaryndc-hamburg@t-online.de

Source: NDC Europe News