THE dual citizenship debate has come to the forefront in Jamaica once again with elections anticipated to be around the corner.

In terms of the many issues that Jamaica faces, I cannot fault some for thinking that the dual citizen/dual nationality debate is of much lower importance, especially with the ongoing saga with the IMF programme being off the rails.

Two years ago, I was invited, along with other members of the Jamaican Diaspora Advisory Board representatives from Canada, the UK and the USA, to make submissions on the issue to the Parliamentary Joint Select Committee on Diaspora Affairs. My views were quoted in a newspaper report and they have not changed: No dual citizens, even of the Commonwealth, should be allowed to serve in Parliament.

This is my stance even as a person holding dual citizenship specifically because of the research that I did. Too many opinions are being thrown around simply based on emotion. However, basic research reveals some interesting facts. I focus mainly on the USA because Canada and the UK are Commonwealth countries, so our Constitution currently does not bar those holding dual nationality with Jamaica and those countries from serving.

Fact #1 – The USA does recognise dual nationalities.

Some people argue against dual citizens sitting in Parliament because they supposedly renounced their Jamaican citizenship when they took the Oath of Allegiance. This is false.

In fact, the US Department of State says specifically that “a person naturalised as a US citizen may not lose the citizenship of the country of birth. US law does not mention dual nationality or require a person to choose one citizenship or another”. I know of cases where the US Embassy in Jamaica has actually formally acknowledged dual citizenship of some individuals and given their blessing.

This clearly eliminates the whole “you renounced your Jamaican citizenship” argument from the debate and we can move on.

Fact #2 – US citizens who seek public office in a foreign state face possible loss of citizenship.

In a circular sent out by the US Department of State in 2008 specific focus was put on dual nationals who seek elected office in a foreign government. “There is no general prohibition on US citizens running” for such office, but “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.”

The Department of State looks at each one on a case by case basis but clearly “it would appear that holding a foreign office may be incompatible with maintaining US citizenship”, although “the department does not normally consider foreign government service alone as sufficient to sustain the burden showing loss of US citizenship” so it is plausible for a dual national to become the prime minister of a foreign country and not lose his or her US citizenship.

Fact #3 – The USA can call on citizens to serve in the armed forces.

Patrick Beckford, the outgoing Jamaican Diaspora Advisory Board member for the Northeast USA, made the point to the Joint Select Committee that if a Jamaican prime minister or Cabinet member was a dual citizen and the USA initiated a draft for the armed services, they would be legally obligated to serve if drafted.

While this is indeed a long shot, it is still plausible and one will need to think about the consequences of such a possibility because planning for the worst-case scenario is always wise.

It would only be made worse if the MP had to take up arms against Jamaica. While no Jamaican anywhere in the world believes that the USA would ever go to war with Jamaica, I am sure no Grenadian thought the USA would have invaded their island either.

How different would the Dudus stand-off have been if the minister of national security or the prime minister were US citizens? Should Jamaica risk compromising its sovereignty even more than it already has?

Fact #4 – A citizen swears allegiance to a constitution and to abide by laws.

A dual national has the unenviable position of swearing allegiance to two constitutions. Usually they end up abiding by the one for the country they reside in, but they are still supposed to observe both.

Some people may find it hard to have allegiance to two constitutions but I have never had that problem as the constitutions of the USA and Jamaica are not opposites. However, a person who is in the position to pass laws could be faced with a compromising position.

Is it fair for a US citizen serving in Parliament in Jamaica to vote on a trade deal with the USA? Would it be fair for such a person to be:

* minister of energy and then select a US company to acquire JPS?

* minister of national security and sign intelligence-gathering pacts?

* a minister of finance who signs a deal with the IMF?

Any MP can become a minister and we must think carefully about the scenarios where certain portfolios could fall into the hands of a dual national. Some portfolios obviously just cannot be held by a dual national.

Fact #5 – The US Congress allows dual nationals to be representatives.

While Jamaica bars dual nationals with US citizenship or other non-Commonwealth citizenship from sitting in Parliament, the USA does not. In fact, there are Congressional representatives who are citizens of the USA and Israel for example.

Having dual citizenship does not make a person any less loyal to either country, but Jamaicans do have a real fear of people passing laws and then skipping out of the country if things go bad. Some put forward the idea that you should be forced to live under the same laws you passed because that is an incentive not to mash up the country.

My reply is that one person does not pass any law as it requires a majority vote in Parliament. If one US citizen serving in Parliament was to draft a law that harmed Jamaica and it passed, then the responsibility would fall on everyone who voted for it.

There are checks and balances in the system that mitigate such a risk (one could argue that if the person was the prime minister their own party would not vote against the legislation, but then that would mean people put party over country).

I do not feel alienated because I cannot sit in Parliament in Jamaica. I recognised a long time ago that sending any money back to Jamaica to help family and friends was just for them and did not entitle me to anything except a thank you from my family and friends.

I also recognised that I could do many other things to help Jamaica and that running for political office there was not the only way. It is obviously unfair that someone from the UK who is not a Jamaican citizen can reside for one year in Jamaica and then sit in Parliament, but someone born in Jamaica and now possessing US citizenship cannot.

The Constitution of Jamaica obviously must be amended to either make all citizens of Jamaica, regardless of dual nationality, eligible to sit or make it so no dual citizens can sit.

It also must be amended so that every member of Parliament has to be a Jamaican citizen.

Jamaicans who are dual nationals can do more for Jamaica outside of politics and it is time that we focused on more pressing issues such as the troubled education system, health care system, crime, and job creation.

David Mullings was the first Future Leaders Representative for the USA on the Jamaican Diaspora Advisory Board. He can be found on Twitter at twitter.com/davidmullings and Facebook at facebook.com/InteractiveDialogue