With the Election Commission of Pakistan’s scrutiny of the nomination papers filed by prospective candidates now complete, the issue of dual nationality has arisen once again. A report by the Federal Investigation Agency has found that 122 candidates held the nationality of another nation, although the true number is slightly lower since some of the candidates had filed papers for multiple constituencies. Since Supreme Court precedent dictates that those holding dual nationality are ineligible to serve in parliament, the ECP has no choice but to reject the nomination papers of all such candidates. Before it does so, however, it needs to ensure that no mistake has been made. The FIA based its report on the travel records of the candidates to determine who had travelled on a foreign passport. But one of those named – Murad Ali Shah of the PPP – released the certificate of renunciation of his Canadian citizenship while Fauzia Kasuri of the Pak Sarzameen Party claims she gave up her US passport in 2013. The FIA travel records cannot account for those who may have given up any foreign passports they might hold and so the ECP has to ensure all candidates have a proper right to appeal before their nominations are rejected.
There also needs to be some clarity about which offices dual nationals can occupy. Legal experts are divided over whether the law explicitly bars dual nationals from serving in the National Assembly or if the stipulation is only that the office-holder be a citizen of Pakistan. In recent months, the Supreme Court has also heard cases on senators and civil servants who hold dual nationality, although once again there is confusion over whether a second citizenship makes them ineligible to hold these positions. We also need to keep in mind ground realities where many Pakistanis – the number has been estimated to be as many as 30 people a day over the last 15 years – have felt the need to acquire a second citizenship for economic, political or security reasons. Ideally, the next government would pass legislation to clear up any confusion after a robust debate on the merits of allowing dual nationals to serve their country in parliament. At a time when there is a push for allowing overseas Pakistanis to vote – most of whom would also be dual nationals – we need some finality on the criterion for running for office.