Unraveling the myth around dual citizenship

UNRAVELING THE MYTH AROUND DUAL CITIZENSHIP

I am baffled by the widespread press and public misunderstanding of the difference between Dual Citizenship and the Negro clause in the Liberian Constitution. Since H.E Madam Ellen Johnson Sirleaf, President of the Republic of Liberia, addressed the Nation in January 2015, there have been reports and calls on various talks about the President’s proposal to the Legislature to pass a law that will allow Liberians hold dual citizenship. Most of the callers and talk shows hosts as well as newspaper editors insinuate and or tend to show some level of ignorance about the difference between dual citizenship and the Negroes and Non-negro descent clause in the Liberian Constitution.

According to article 27b of the Constitution of Liberia,

‘in order to preserve, foster and maintain the positive Liberian culture, values and character, only persons who are Negroes or of Negro descent shall qualify by birth or by naturalization to be citizens of Liberia’ (Liberian Constitution 1986, Article 27b).

This "Negro Descent Clause" in the Liberian Constitution is far different and divorced from the issue of dual citizenship that is not a constitutional matter. It is the Alien and Nationality Law (a legal statute) that prevents dual citizenship. According to the Alien and Nationality Law of Liberia (approved 15 May 1973 with Amendments approved 9 May 1974)

‘a person who is a citizen of Liberia whether by birth or naturalization, shall lose his   citizenship by

(a)    Obtaining naturalization in a foreign state upon his own application, upon the application of a duly authorized agent, or through the naturalization of a parent having legal custody of such person; provided that citizenship shall not be lost by any person under this section as the result of the naturalization of a parent or parents while such person under the age of 21 years, unless such person shall fail to enter Liberia to establish a permanent residence prior to his twenty-third birthday; or

(b)   Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof; or

(c)    Exercising a free choice to enter or serve in the armed forces of a foreign state, unless, prior to such entry or service, such entry or service is specifically authorized by the President;

(d)   Voting in a political election in a foreign state or voting in an election or plebiscite to determine the sovereignty of a foreign state over foreign territory; or

(e)    Making a formal renunciation of Liberian nationality before a diplomatic or consular officer of Liberia in a foreign state in such form may be prescribed by the Secretary of State.’

(Alien an Nationality Law 1974, pp. 188-189)

This statute (the Alien and Nationality Law 1974) can be repealed by the National Legislature, and it is that statute that the President has requested the National Legislature to repeal. It is therefore advisable for those who are for or against the President’s proposed bill to lobby the Liberian Legislature to achieve their desires. Simply put, the question of dual citizenship does not require a constitutional amendment, and it is not linked with the Negro clause in the Liberian Constitution.

The Liberian Constitution does not stop dual citizenship. Article 28 of the Liberian Constitutions states that

‘any person, at least one of whose parents was citizen of Liberia at the time of the person's birth, shall be a citizen of Liberia; provided that any such person shall upon reaching maturity renounce any other citizenship acquired by virtue of one parent being a citizen of another country. No citizen of the Republic shall be deprived of citizenship or nationality except as provided by law; and no person shall be denied the right to change citizenship or nationality’.

In view of the above, the media needs to first understand the difference between dual Citizenship and the Non-Negro clause barring Whites from becoming citizens of Liberia. It is this understanding that would allow the press to propagate the rightful analysis in their reportage and editorials. Remember that, among other things, the press can inform, entertain, educate, analyze and report.

Tom Kaydor

thkaydor@gmail.com