KARACHI, June 5: With Rehman Malik’s Supreme Court-ordered suspension from the Senate on Monday and MNA Farahnaz Ispahani’s similar experience not too long ago based on their holding dual citizenship, political and legal circles in Pakistan are currently debating the legality of whether those with multiple passports can hold public office in this country.

While the debate rages on in Pakistan, background research on dual nationality laws in some other established democracies suggest policies abroad are far from uniform and the issue is far from settled, with multiple shades of grey. The clear indication is that both international and domestic law has yet to come to a consensus regarding elected representatives with dual citizenship.

With regard to the United States, a website of the US Department of State says that “A US citizen who assumes foreign public office may come within the loss of nationality statute”, though it adds that “currently, there is no general prohibition on US citizens’ running for an elected office in a foreign government”.

The US Immigration and Nationality Act states that “…accepting, serving in, or performing duties in a foreign government is a potentially expatriating act if the person is a national of that country or takes an oath of allegiance in connection with the position”.

As for dual nationals serving in American institutions, it appears there is no bar, yet a source at the US Consulate in Karachi admitted to this writer the issue of “split allegiances” was a genuine one.

In Canada, according to a media officer at the Canadian High Commission in Islamabad, holders of dual nationality do not face a problem standing for office. “Yes, Canada does allow dual nationals to serve in its Parliament and in/for the Prime Minister’s Office. In fact, many Canadian parliamentarians at the moment are dual nationals,” said the officer.

The United Kingdom also has no issue with dual citizenship and holding public office.

Australia, on the other hand, is quite clear on the illegibility of dual nationals sitting in its parliament. While dual citizenship is allowed, according to the Australian Constitution’s Section 44, those who hold foreign citizenship are not allowed to sit in parliament. There have been instances of litigation initiated against dual nationals running for office. Next door in India, the question of dual nationals running for or being elected to office does not arise as under the Indian constitution one can have no other nationality. Non-resident Indians cannot vote, nor can they be eligible for government office or the legislatures.

“Dual nationality does not exist [in India]. We have only one passport,” a spokesman for the Indian High Commission in Islamabad told this reporter.

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