brand logo

The dual citizenship precedent

06 Jul 2021

In the midst of the third wave of the Covid-19 pandemic, a worsening economic crisis, and the country facing the wrath of the international community, politician Basil Rajapaksa is about to make his comeback. What Rajapaksa’s comeback would mean to the country’s unstable situation still remains unknown; however, speculation is rife that he is to be appointed as a minister tasked with developing the country’s economy, which is unarguably a need of the hour. What Rajapaksa’s performance is going to be like is predominantly a concern the public has. However, there is a bigger concern in that regard which can affect the country on a whole different level – that is the conundrum related to his citizenship. Politicians’ citizenships have always been a topic in Sri Lanka’s political arena after the incumbent Government came to power. First, it was about the President’s citizenship, and now, it is about Basil Rajapaksa’s citizenship. In fact, when Basil Rajapaksa’s comeback was announced, it was the main topic that those opposing the Government brought up. However, an unbiased person would see two different aspects of this situation. First and foremost, a person who has the citizenship of two (or more) countries being a law-maker is not an act accepted by any sovereign country due to reasons of allegiance, among others. Even though the current Sri Lankan law, i.e. the Constitution, does not forbid a person who has the citizenship of two countries from acting as a Member of Parliament, as all related restrictions were removed through the 20th Amendment to the Constitution, this move by the Government has a huge potential to set a bad precedent, as he is still a US citizen. Even though retaining his US citizenship or being a citizen of two countries at once is his personal decision, what he has agreed to when obtaining the US citizenship is a matter of national interest, as he is ready to be appointed as a member of the country’s most prominent law-making institution. A person obtaining the US citizenship is required to take an oath called the “naturalisation oath of allegiance to the United States of America” and this oath clearly says that those who obtain US citizenship must renounce all allegiance to any foreign state of which the person in question has been a citizen. The bad precedent Rajapaksa’s appointment sets, or the message it gives to the country, is that a person who has dual citizenship can reach the top of the country’s administration hierarchy despite having promised to be loyal to a foreign nation. This situation essentially constitutes a conflict of interest too, as the most obvious question is, which country’s interests would a person who has dual citizenship prioritise, if that person ever comes to such a point? Such a person becoming a minister tasked with economic affairs, on the other hand, also raises questions as to what would be the nature of Sri Lanka’s economic policy in the future. As mentioned above, this situation has its pros and cons. The good side is that, even though all the above-mentioned arguments still stand as valid, as a concept, giving opportunities for Sri Lankans who have become citizens of other countries can be a good move. Giving the message that such persons are welcome to be part of the country’s development process is a need of the hour, especially when Sri Lanka has suffered for decades from brain drain due to the hopeless situation the country found itself in the years leading up to and during the 27-year conflict. This welcoming message can not only bring back Sri Lankan citizens who later obtained the citizenship of foreign countries, but can also encourage foreign nationals to obtain Sri Lankan citizenship, through which international level experience and knowledge can trickle into the country. However, most importantly, Sri Lanka should not forget the lessons it learnt through incidents such as the infamous Central Bank Treasury Bond scam, in which Arjuna Mahendran, a Singaporean national of Sri Lankan origin, who was the Bank’s Governor at the time, played a big role, and is yet to be extradited by Singapore to stand trial in Sri Lanka. Therefore, Sri Lanka’s authorities and its citizenry need to ensure that people who have multiple citizenships cannot undermine the interests of Sri Lanka and harm the country’s prospects under the guise of furthering its agenda and contributing to its development. The entry of Basil Rajapaksa into Parliament will set a powerful precedent, that any person with multiple citizenship can rise to the topmost positions in the country. All one would hope now is that this license provided to dual citizens is utilised in the best interests of Sri Lanka.


More News..