The Editor, Sir:

I am constrained to write this article because of the ongoing discussion in the newspapers and the radio call-in programmes on the matter of dual citizenship of Jamaica citizens. This article is confined to dual citizenship among Commonwealth countries as there appears to be some confusion as to what this really entails.

Some persons are of the view that dual citizenship of another Commonwealth country would debar a Jamaican citizen from holding office in the Senate or House of Representatives, but this is certainly not the case and the Constitution of Jamaica speaks clearly on this issue.

Chapter II of the constitution deals with citizenship and chapter V deals with Parliament.

Scrutiny

The section which falls under scrutiny is chapter V section 40 (2)(a) which touches on the matter of disqualification of persons from holding office in the Senate and House of Representatives and which reads as follows:

"No person shall be qualified to be appointed as a senator or a member of the House of Representative who is by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state."

'Foreign'

In chapter II of the constitution 'foreign country' is defined as 'a country (other than the Republic of Ireland) that is not part of the Commonwealth" whether the term 'foreign country', 'foreign power', or 'foreign state' is used the meaning is analogous and should be construed accordingly in the constitution whenever the matter of citizenship is called in question 'foreign' being the key word.

It should be borne in mind that when a Commonwealth/Jamaican citizen applies for citizenship of another Commonwealth country the applicant is by way of registration not naturalisation.

Thus a Commonwealth/Jamaican citizen in such circumstances is not required to swear allegiance, obedience or adherence to any other Commonwealth country to which he seeks citizenship not to surrender his citizenship.

I am, etc.,

R. BROWN

Attorney-at-law