Thursday, December 20, 2018

Business Recorder Editorial Dec 20, 2018

Bar on dual nationals

In a suo motu case regarding dual nationals in government employment and among members of the judiciary, the Supreme Court (SC) had sought reports from the registrars of the SC and high courts and the federal and provincial government departments about persons in BPS-17 and above who answered to this description. It had also constituted a committee comprising the heads of the relevant investigative and administrative departments to look into the matter. According to the findings, there are currently 1,116 persons with dual and foreign nationality in government service while 1,249 government officials have foreign spouses. An SC bench headed by Chief Justice of Pakistan Mian Saqib Nisar has spelt out in detail the proper course. The SC has declared that dual nationals cannot retain important government positions and would have to choose between the job and foreign citizenship. It has ordered the federal and provincial governments to develop criteria and Standard Operating Procedures (SOPs) requiring disclosure of intent to seek foreign nationality and permanent residence (which is often the first step towards acquiring foreign citizenship) and adopt methods to check such cases while enforcing penalties for non-disclosure. Such criteria and SOPs could either be incorporated into the existing efficiency and discipline rules or adopted independently. The SC wants parliament to consider formulating negative lists of posts within government service from which citizens holding dual nationality or whose spouses are dual nationals should be barred for reasons of safeguarding national security or national interest, except with the express permission of the respective federal or provincial cabinets. Similar rules should apply to top decision making posts within autonomous/semi-autonomous statutory bodies, organisations and companies owned, controlled or governed by the federal or provincial governments. The list of persons with dual nationality should be placed before parliament and the provincial Assemblies at the end of each financial year. As far as the employment of non-citizens in government service is concerned, the federal and provincial governments should similarly develop criteria and SOPs where relaxation of the general prohibition is deemed necessary in the public interest, and this too should be subject to the approval of the respective cabinets. Turning to the employment of ex-government servants with foreign governments or agencies, which is blocked by the Ex-Government Servants (Employment with Foreign Governments) (Prohibition) Act 1966, the SC said the federal government should be required to submit annual reports to parliament regarding its enforcement. In this regard the court took notice of the lack of a proper cabinet nod to retired General Raheel Sharif’s taking command of the Saudi-led military alliance and ordered that unless such an NOC was obtained within one month, his employment would cease forthwith. The court accepted a certificate by retired Lieutenant General Ahmed Shuja Pasha that he had not obtained any employment abroad. The court’s verdict said some government officials acquire foreign nationality during service in order to securely dispatch ill-gotten gains and relocate their families. They deserve no leniency and should be asked to rescind their foreign nationality or resign. The armed forces, the SC said, barred dual nationals from being recruited but the defence secretary was asked to ascertain nevertheless whether any such individuals had been inducted on the basis of mis-declaration, concealment or non-disclosure and requisite action be taken.

The concept underlying the SC’s judgement is concern regarding sensitive information or national security being compromised because of divided loyalties. Needless to say, there are numerous instances in our past where top government servants (including some infamous armed forces top commanders) have taken the route described by the SC for the reasons outlined in the judgement. It goes without saying that where national security and sensitive information is concerned, there cannot be any compromise. The court did go out if its way to say that the verdict should not be construed as putting dual nationals or foreigners of Pakistani origin in a bad light. Many of them have shown exemplary loyalty to their original country. It is just that the SC has tendered sound advice on safeguarding the state’s secrets and ensuring transparency and that a rules-regulated regime be put in place through legislation by parliament. It is now for the federal and provincial governments to put their heads together and find the best way forward to implement the SC’s verdict.

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