Don’t question my loyalty, Mr. Chief Justice
Dual citizens can help restore the Chief Justice to his office, but they are not permitted to question the makeup of Pakistan’s election commission.
While hearing a petition by Dr. Tahirul Qadri, who is a dual citizen of Canada and Pakistan, the Chief Justice of Pakistan, Honourable Justice Iftikhar Muhammad Chaudhry, questioned the very loyalty of Pakistanis who have settled abroad and have become citizens of other countries. “How can somebody who takes an oath of allegiance to another country be loyal to Pakistan?” the Chief Justice remarked last Monday.
I am deeply disappointed by the honourable Chief Justice’s assertion that dual nationals may not be loyal to Pakistan. The honourable Chief Justice went even a step further and asked if the government of Pakistan should “allow such a person to retain its citizenship?”
I wonder if the honourable Chief Justice would have questioned the loyalty, motives, and locus standi of the thousands of Pakistani expatriates who joined his struggle for an independent judiciary in Pakistan. The two-year movement for independent judiciary started in March 2007 when the military dictator General Musharraf removed Chief Justice Iftikhar Chaudhry from his office and ended with his reinstatement in March 2009. The movement galvanised not only the Pakistani lawyers, but thousands of Pakistani expatriates. Some of those dual citizens left their families abroad to be with the Chief Justice in Pakistan to join him and the rest of the nation in the quest for an independent judiciary. I don’t recall the honourable Chief Justice ever questioning the loyalty of the dual citizens who came in droves to his support.
Chief justice accompanied in April 2007 by American physicians (dual citizens) of Pakistani origin who joined his campaign for the restoration of free judiciary. From right are Dr. Mohammad A Toor, Dr. Amna Buttar, Chief Justice Iftikhar Chaudhry, Dr. Mohammad Taqi, and Mr. Aitzaz Ahsan.
Expatriates of the world unite
One of the inescapable consequences of globalisation is the mobility of capital and labour across national borders and continents. It is not just the containers stuffed with goods being shipped from one corner of the world to another that has been the hallmark of globalisation. Globalisation has resulted in millions of workers leaving their countries of birth to search for jobs in foreign lands. This has created a new global class of workers who have assumed nationalities of their adopted homes, wherever they were permitted to do so, but have, at the same time, not severed ties with their countries of birth where their families and memories continue to reside.
This new class of globalised skilled and unskilled workers remits over $500 billion annually to their countries of birth to support the social safety net, which in countries like Pakistan are either missing or not strong enough to catch most of those falling into abysmal poverty. The World Bank recently reported that developing countries would receive over $400 billion in remittances from expatriate workers. While India, China, and the Philippines are the largest recipients of remittances, other countries including Tajikstan, Liberia, and Lebanon, despite smaller remittance amounts, rely even more on remittances because of the small domestic economic base.
In an earlier piece that appeared in the same space, I have argued for a greater political role for Pakistani expatriates who remitted nearly $14 billion to Pakistan in 2012. I based my assertion on the fact that remittances accounted for 7 per cent of the Pakistani GDP in 2011, whereas the entire tax collection accounted for a mere 10 per cent in Pakistan. Why would Pakistan deny a voice to those who may not live physically in the country, but their financial support is prompting the consumer spending and maintaining the social safety nets. I wrote:
“While the government is severely constrained in its ability to assist the needy, the expatriates subsidise the maintenance of a broken social safety net in Pakistan. In most instances, remittances pay for rents, medicines, grocery bills, marriage expenses and other similar needs of low-income households who are unlikely to receive any meaningful support from the government. Similarly, remittances pay for tuition fees for children who would not be educated otherwise because of missing or inadequate public sector schools. The remittances therefore, plug the gap in social spending in Pakistan.”
Globally, remittances have by far exceeded the amounts doled out as official development assistance. Even with a much smaller cash outlay to Pakistan than remittances, the IMF and the World Bank assert huge pressure on Pakistan and dictate changes to Pakistan’s domestic policies; recall the structural adjustment programs. The Supreme Court of Pakistan, however, has not raised concerns about the IMF and the World Bank dictating their terms to the State. In comparison, the expats, who have sent $14 billion in 2012 to Pakistan, have to now prove their loyalty to Pakistan.
Source: The World Bank, 2013
Paranoia in Pakistan
What I find disturbing in Pakistan is the approach of the courts that have started to question the loyalties of Pakistanis who hold dual citizenships. Recently, it started with the superior courts questioning the loyalty of the former ambassador of Pakistan to the United States, Mr. Husain Haqqani (who holds only Pakistani citizenship), and then followed with the disqualification of legislators who held dual citizenships.
I am amenable to the idea that dual citizens may not be allowed to hold public office. What I find extremely disturbing is the notion, now supported by the Supreme Court, that dual citizens may not be loyal to their country of birth. I wonder if the honourable Chief Justice realises the implications of his assertions. If the country of birth cannot trust the loyalty of dual citizens, why should the adopted country trust the dual citizens? Such an approach would effectively create a class of bastard citizens whose loyalty will be doubted by both home and adopted countries. This may happen even when both the adopted homeland and the country of birth continue to benefit from the toils of these hard workers.
There has been a sordid history of questioning the loyalty of dual citizens. Earlier in 1949, the US Ambassador to Germany, George Bancroft, criticised such a notion when he asserted that “as soon tolerate a man with two wives as a man with two countries; as soon bear with polygamy as that state of double allegiance which common sense so repudiates that it has not even coined a word to express it.” (David Leblang, 2011).
Much has changed in the past six decades since Ambassador Bancroft expressed his utter disgust with the very idea of dual citizenships. In fact, the negative population growth rates in Europe have made Europeans increasingly dependent on immigrant workers, some of whom embrace dual citizenships. According to David Leblang, the number of countries offering dual citizenship had increased to 84 in 2006. This has certainly benefitted the countries of birth since a simultaneous increased in the share of remittances has also been observed globally.
Source: David Leblang (2011)
The Canadian Mullah
The Pakistani-Canadian, Dr. Tahirul Qadri, must have taken the following oath of citizenship:
“I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfill my duties as a Canadian citizen.”
Now, here is an interesting twist. Dr. Qadri has not taken “an oath of allegiance to another country” as was suggested by the honourable Chief Justice, but instead has pledged to bear true allegiance to Her Majesty, Queen Elizabeth the second. May I remind the readers that while Dr. Qadri has pledged allegiance to Queen Elizabeth and her heirs, many a founding fathers and mothers of Pakistan had pledged similar allegiances to Queen’s father and grandfather. Did we ever question the loyalty of those who served the British Raj before they served the land of the pure?
I too am a Canadian citizen who was born in Pakistan. What I have learnt from faithfully observing the laws of Canada is a strong belief in equity, social justice and human rights. The Canadian Charter of Rights and Freedoms, which is entrenched in the Constitution, promises (among others) the right to life, liberty, and security of the person. Why would adhering to such a noble commitment make me or anyone else disloyal to Pakistan or to this planet?
Murtaza Haider, Ph.D. is the Associate Dean of research and graduate programs at the Ted Rogers School of Management at Ryerson University in Toronto. He can be reached by email at murtaza.haider@ryerson.ca
The views expressed by this blogger and in the following reader comments do not necessarily reflect the views and policies of the Dawn Media Group.
PHD and research associate at a business school, I wonder. Everybody quotes 14 billion remittances as their mark of loyalty, revisit your research because out of this 14 B 80% from gulf countries where people live many years without gaining any citizenship. Remittances are not sent out of loyalty to country but to their loved ones. if you have every member settled in Canada you wont be sending any money back home only because of loyalty. Dear you people are basically nowhere, you have disconnected with your homeland and living a alien life in North America trying hard to intact your religious values.
Yes we DNs are unlyoal to Paksitan & TAX LOOTERS are loyal.
Some of the information in the article is misrepresented. The foreign remittances are mainly from Pakistan nationals working in foreign countries on work visas only.
Without dwelling upon the above i would like to give a personal perspective in reply. I am a Pakistani who studied in the west and returned to Karachi. A large number of my family members are foreign nationals, ifact my brother is an American Citizen since decades. I by choice am determined to stay Pakistani only. When one acquires a citizenship like the US or UK one takes an oath, this if read carefully compromises your commitment to Pakistan.
I am tired of hearing from these 2nd class so called Pakistanis about their doomsday scenarios of Pakistan. We are Pakistani, we live here, we deal with it on a daily basis and don’t like your criticisum pls keep it to yourselves.
If u have so much love for Pakistan give up the 2nd passport, come here live in the system and by doing so try to redeem it or please shut up.
We are Pakistan 100% and we dont appreciate the Pakistan bashing.
Which side would you choose, if there were a war between Pakistan and Canada? Dual nationality concept is rubbish from the very onset. Apologies for being very direct.
Pakistani are untrustworthy anyway
Two Questions for the author.
1. If today, you are allowed to keep only one citizenship, which country would you prefer?
2. The remittances: how much of that is for supporting one’s own family. You are sending this out of duty not out of freewill. How many of dual nationals are running any business or spending their money for the betterment of Pakistan. Where will you run your business with your money? In Pakistan or in Canada?
CJ has done a lot of good to the cause of the judicial system in Pakistan. However, getting his nose into governance and taking suo moto notice of everything is beyond his jurisdiction. The function of the judiciary is to advise and pass judgments on the law, not take operational matters of departments and functions into their own hands. This is a lone wolf macquad judge of Pakistan supreme court with his own agenda, most likely being devised at the army headquarters, and he is setting a very dangerous precident for judges to follow who will keep poking into governmental affairs and will eventually derail democracy. It is quite clear that the ISI and the army are behind whatever CJ is saying and doing. All these illegitimate escapades of our dearly beloved CJ must end before he causes irreperable damage to the country and its judicial system. On the issue of dual nationality, I fail to understand the stance of CJ. Frankly, his stance is illegal and he must be impeached. When the constitution of Pakistan allows people to hold dual nationality with probably 18 or 22 countries, who is a single person, be it CJ or whoever, to question it. How dare he question the loyalty of a Pakistani national just because he does not live in Pakistan. I live abroad and my day always begins with dawn news webpage, I think about my country and talk to my family back home every day. I am around 40 and am already planning my retirement back home in Pakistan. How can my loyalty be quetioned, I am more loyal than people living in Pakistan, simply because I have seen and experienced life outside of my country and I know better than anyone the difference of being home and away from it. Mr. CJ, please stop your sinister agenda now and dont dare question our allegiance with our country.
Before parition if someone took this oath – he didn’t have an option. The struggle – the independence was an effort for people to have an option not to oath to queen. If our leaders then have known about the desperate pakistanis who on the name of globalization look for other passports – then perhaps they should not have made this effort. We all woudl be having british passports !
Having said that – i agree – people living outside should have a say in pakistan affairs – they should vote…but if only government positions is their motivation to come back to pakistan – then we don’t need them !!!
In my Opinion, even Superme court Judges knew they are crossing boundary, but their main aim was to expose Tahir ul Qadri, to show him his real face.. Do not take it out of the context….
It is Tahir ul Qadri, who is again using it (double nationality issue) to for his own agenda… a person who used goat blood to gain sympathy (Hamid Mir hinted in his program regarding self arranged firing on Tahir ul Qadri home).
I believe dual citizen should NOT be eligible for any office in Pakistan. Yes they can participate in democratic process by voting only.
When discussing this issue please remember the majority of foreign remittances come from middle east, not from North America or Europe.
Thanks Murtaza Haider for writing this article. CJ remarks are disappointing and an insult to all of us who live abroad but still more concerned about Pakistan than the countries we are living in. Even top level people in Pakistan still have 3rd world mentality, arrogant and still proud. They are unable to see what they have done to that country together.
Unfortunately, when we reach a place of absolute power we forget the very principals that establish our rule! Judiciary is worthy of respect only if it provides justice. When it becomes tainted or give wrong decisions it loses its credibility and respect.
My two cents for the honorable judges is to speak only through their decisions and not through their running commentary in courts! And the decisions should only be based on prevailing laws not on emotions or demands!
this guy is a joker..another pakistani hero..lol
British and Canadian people don’t have citizenships they are subjects, and please look up the definition of a subject under old british law….. Mr. Qadri is a subject of Queen of England…. it was different when there was no Pakistan to be a citizen as all indians in the subcontinent under British Raj were subjects. For a Pakistani to give up citizenship and take oath to the Queen of England—it is indeed different
For monetary gains Pakistanis left their homeland including blogger, Mr. Haider. When you take oath of loyalty to the country you picked to live in, you are no more loyal citizen of Pakistan. Better serve one master.Remittance you send goes to those you left behind, not to any charity.
Very Balanced reply.
An eye opener for the Pakistani courts and parliament
MKSAYEED
Mississauga, Canada
I am a Pakistani Canadian and share the conserns of the auther regarding the future of people like us but think the Judge is also correct. I know many educated and skilled Pakistanies who have Govenment Jobs in Pakistan and come here for Citizenship on vacation. Once they get citizenship they go back and join their jobs and guess what they will be doing in their jobs. Their family stay here enjoying the freedom and social system of Canada. Such people are exploiting both the countries and bring miseries to us and the poor people in Pakistan. Once we came here on our own well and choice we should be loyal to our new countries. Instead of working for Pakistani Political Parties we should take active part in the ploitic of our new countries and should prove ourself respectuful and productive citizen.
Well written article Mr. Murtaza!
Loyalty is not an issue here, conflict of interest is.
How many Honourable Judges of Superior Courts Hold Dual citizenship???? Would anyone let me know..
Mr. Haider, You are completely out of touch with current courts system and pakistan’s politics. Your history is not great either. I’m Pakistani-American and I 100% support Chief. He has the every right to question Mr. Qadri loyalty before passing judgement on this national issue. It seems you have no clue of legal system in Canada either. When you apply for any Govt agency job or Political post you are grilled and toasted like meat loaf on fire grill. When we come to America or Canada, our loyalty is tested in the name of security Terrorism etc. Keep your pseudo intellectualism with yourself and do not mislead the readers. we are tied of this one sided journalism. Respect your motherland legal system just like you are respecting your adopted land legal system. This is one of root cause of problems in Pakistan that we dual nationality holders considers ourself above the law when we go to Pakistan and follow every little traffic sign when we come to North America. Long Live The Cheif and Long live The Pakistan.
Judges do not hold dual citizenships. It is unthinkable.
Everything is fine when it serves OWN’s purpose!!! the motto followed by all Pakistanis
In my opinion a Dual nationality Pakistani is more patriotic than the Single nationality Pakistani living in Pakistan. Why do I say this? Because he has a choice and can invest all his assets in his adopted county where he can get enormous social benefits but no he comes to his country of birth and spend here, gives employment opportunities etc.
The NON-LOYAL ones are the Pakistanis who take away Pakistani assets and invest in foreign countries and pay their taxes they. Got it Chief Sahib.
Lets not jump the gun and read the supreme court verdict properly before commenting.
I live in UK and am more than happy with the verdict delivered, primarily because i don’t think i have the right to meddle in Pakistan affairs, when their are 180 million people living there who should know better.