The Zanu PF politburo—which we are told did a painstaking audit of the Copac-produced draft constitution against the national report — amended the draft which they want to, among other things, explicitly outlaw homosexuality and same-sex marriages and ban dual citizenship. In this particular article, I will simply deal with the contentious matter of dual citizenship.
The issue of dual citizenship in Zimbabwe has been contentious for years with government insisting that all people holding dual citizenship but wanted to vote in national elections renounce their other citizenship.
Under Zanu PF’s plan, citizenship would be limited to descendants of parents or grandparents of people who are Zimbabweans by birth, but the draft constitution leaves it to an Act of Parliament to make provision for “the prohibition or permitting of dual citizenship in respect of citizens by descent or registration”.
Understandably, there are pitfalls associated with the concept of dual citizenship by registration as it can offer people room to vacillate when push comes to shove.
For instance, an Australian national who also holds Zimbabwean citizenship can simply pack up and go back home when things get tough here. In other words, my problem with this provision is that it gives people an opportunity to sit on the fence and to be double-minded.
My argument is that if a person of British origin, but also holds Zimbabwean citizenship, is compelled to defend Zimbabwe in one way or the other, he/she may opt for an easier route and fly back to the UK because his or her ties to Zimbabwe may not bind. Our pride as Zimbabwean citizens often stems from the fact that we are from this place and have no other place to call home.
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The MDC-T, who are calling on Zimbabweans to vote yes in the coming constitutional referendum, have adopted the position that dual citizenship is guaranteed in the draft charter, for citizens by birth. The party released a Guide to the Constitution, a simplified interpretation of the draft charter, which says: “Under this constitution, dual or multiple citizenship is automatically allowed for Zimbabwean citizens by birth.”
My opinion is that there should be nothing wrong with that provision.
A person who holds dual citizenship is considered to be a citizen in two countries. For example, a child may be born in one country to parents who hold citizenship in another. The place of birth can enable someone to hold citizenship automatically in the first country, and the parents’ citizenship can also be passed along to the child.
In other cases, a person may hold citizenship in one country and apply to become a naturalised citizen of another. In many cases, the second country will allow the first citizenship to be retained. As citizenship laws broaden and the world becomes more connected, holding dual citizenship is becoming more common and offers benefits to those who are able to take advantage of it.
I contend that while Zimbabweans by birth and origin may be allowed to vote, I have a problem with that privilege being extended to those with dual citizenship while they are originally from a foreign country. This gives them an opportunity to play a role in the determination of political leadership during elections even if their countries of origin are openly against certain local political players.
Apart from that, though, they are obviously many benefits to dual citizenship.
Dual citizenship alleviates the need to apply for and maintain visa status to enter either country of citizenship.
A dual citizen can settle, live and work in either country of citizenship. He also can be eligible to bring family members for settlement purposes. Dual citizens are treated in the same way as normal citizens when it comes to calculating aid and benefits. This includes benefits such as welfare and unemployment, which might not be available to an immigrant. These are just some of the many benefits available to dual citizens.
Legal expert Alex Magaisa says contrary to belief in some circles, the current constitution does not prohibit dual citizenship but simply states that Parliament may pass legislation prohibiting dual citizenship.
“This is an enabling provision which leaves it to Parliament to decide whether or not to ban dual citizenship. The Constitution itself does not ban dual citizenship. In fact, the way the provision is worded means that the current constitution allows dual citizenship unless and until Parliament passes a law prohibiting it. There is a presumption in favour of dual citizenship unless Parliament makes a law to the contrary,” he says.
Writing on http://newzimbabweconstitution.wordpress.com, Magaisa says he strongly believes in the need for the constitution to protect the rights of citizens by birth or descent so that they would not under any circumstances lose their citizenship rights.
This can be done through adopting the Namibian model which allows Parliament to pass a law to prohibit dual citizenship but ensures that such a law would not deprive citizenship of Namibians who are citizens by birth or descent.
In the same light, it would probably be better to allow Zimbabwean by birth dual citizenship while limiting that privilege when it comes to foreigners.
Feedback: pchidavaenzi@newsday.co.zw