Uraia wa nchi mbili: Maendelo na Matokeo yake!

Mwanakijiji nani alisema kwamba definition au mawazo ya Nyerere daima yatakuwa sahihi?

Kisura, naheshimu sana uhuru wako wa kutoa mawazo na kama muungwana Mwnakjj alivyoainisha kwenye mtundiko wake mwingine, tunaweza kukubaliana kutokubaliana. na nitaheshimu uhuru wako-daima. Ndo JF hiyo where we dare talk openly.

Honestly, mi naomba unipe sababu kubwa kwa nini unapinga uraia wa nchi mbili zaidi ya hizi non-existent reasons za maslahi ya taifa? ambazo wanasiasa wamezitumia miaka yote kutukandimiza kwenye lindi la umaskini? Maslahi ya taifa ni yapi? nani anayasimamia? Hao wageni unaowasema kuja kutuibia, kama ni kuja walishakuja na kuiba na wanaendelea kuiba saana tuu. Mimi ninachokiona humu ni kwamba wenye nacho hawataki wengine wapate. Acheni watu watafute pande zote za dunia from Belize to Singapore.

Na ninakuhakikishia siyo kila aliyeko nje anataka kuishi huko daima, wengi wangependa kuja nyumbani wafanye mambo yao kama ni kuwekeza au mengineyo. Wewe unafikiria Green Card au passport, watu wanaamua kuchukua hizi documents kurahisisha maisha yao, kwa sababu raia wenzetu walio kabidhiwa ridhaa ya kutuongoza ni wanafiki na wazandiki. Sio kila mtu atakuwa mwanasiasa, wengi wangependa wanasiasa watengeneze mazingira bora kwa kila mtanzania/mtafutaji afanikiwe na si vinginevyo.

Narudia tena, hili swala linawagusa wenzetu walioko nje na ndani ya nchi na kama jamaa alivyosema hapo juu, uraia ni haki ya msingi na kinachoendelea hapa, hii hoja inahujumiwa na watu wachache wanaofikira maslahi ya mda mfupi kwa kuogopa kwamba watapata competetion kutoka kwa "wasomi huko nje". As I said sihitaji uraia wa nchi mbili, personally, ila naamini hata nisipo faidika mimi vizazi vijavyo vitafaidika na ndo maana serikali imegundua kwamba hii sera haimsaidii yeyote! Ndo maana Membe hatimaye amelikubali hili. After all si mara mia wangetuibia watanzania wenye dual citizenship kuliko hawa wenzetu wenye asili ya kihindi na kizunngu wanaochukua kidogo tulichonacho kupeleka kwao?

Bwana kwangu mimi as long as kitu kitamsaidia mtanzania mwenzangu hata kama hakitanisaidia, Tuache kimsaidie! Tuache unafiki wa kuimba maslahi ya taifa kumbe ni maslahi ya Lowassa na wenzake wachache.
 
ni sawa sawa na kuuliza nini kazi ya ID ? ukiingia kwenye building nini kazi yake ?uraia is just more complicated than that ID thingy though.
 
Masanja, nioneshe Mtanzania mwenye mawazo yanayokaribiana n nyerere kwa uzito wa hoja zake na umakini wa fikara zake. Niambie wewe msingi wa uraia uwe ni nini zaidi ya utii kwa nchi?
 
By Njdeh Melkonian

In the upcoming days, the Armenian parliament will be discussing a bill that proposes to permanently lift the constitutional ban on dual citizenship in Armenia. This would seem like a perfectly logical thing to do in the Armenian context, something that would finally unite the divided nation in the wake of the 90th anniversary of the Armenian Genocide. A noble thing to do, indeed, if only the bill were not doomed to fail in the parliamentary vote. We look at the story behind this bill and review the economic and political economy aspects surrounding it.

Here is how the main players in the Armenian Parliament are likely to react to the introduction of the bill. The senior member of the governing coalition, the Republican Party, clandestinely opposes the bill, while one of the two junior partners, the Orinats Yerkir, has never been a big Diaspora fan. Finally, those who control the parliamentary vote of the third coalition partner, the ARF Dashnaktsutiun, have similar reasons for not wanting to allow dual citizenship in Armenia. Why should, as the argument goes, those in Glendale be allowed to vote on issues of importance for residents of Armenia. After all, they know little about what's right and what's wrong in terms of everyday life, economic development, and national security of the people residing in Armenia.

The sad truth is that the `Glendale residents', meaning former Armenia residents now living in the Diaspora, and Diasporans who preferred not to repatriate to Armenia while moving to other countries, have effectively voted with their feet. They did not like what they saw taking place in Armenia. Therefore, it is no surprise that the Armenian government does not want to see their votes counted again, and this time explicitly, once these `Glendale residents' are granted dual citizenship.

While it is true that with a Diaspora population outnumbering the residents of Armenia by a factor of 2 to 1 according to some estimates, Armenia is a special case, possibly meriting separate research and innovative approaches when it comes to dual citizenship. But absence of any attempts by the Armenian government (e.g., to
commission studies that look at the experience of nations with large and active Diasporas as a starting point) is alarming in itself. Might looking into this reveal a number of active modes of engagement between other sovereigns and their respective Diasporas, - Israel, Ireland, and Croatia come to mind, - that may not suit Armenia's leadership for political reasons? Some of these countries, after all, went through great lengths to accommodate their Diasporas and make them an active participant in the economic development and political life of their ancestral homelands.

But let us abstract ourselves from the political economy aspects of this issue and look at the pure economics of it. Does it make any economic sense to allow dual citizenship or any other active mode of engagement for the Diaspora, in the Armenian context? The answer is overwhelmingly: yes. The history of, and the empirical literature
behind, economic development shows that it is all about governance and human capital [1]. While in theory the physical capital should flow to countries with lower level of capital per capita no matter what the underlying conditions are (i.e., from rich to poor countries, thus bridging the gap between poor and rich economies), the empirical literature does not support this hypothesis. Instead, in practice, capital flows to countries where labor is more educated and market-friendly, and business environment is fair and more developed.

This phenomenon was coined as the `Lucas paradox' after Robert Lucas' (1990) classical paper that looked at returns to capital in the US and India [2]. A recent working paper by Laura Alfaro from Harvard Business School and her colleagues Sebnem Kalemli-Ozcan and Vadym Volosovych from the University of Houston [3] provides solid evidence of the importance of institutions and business environment, while citing references that also demonstrate the importance of human capital in explaining the `Lucas paradox,' that also includes Lucas' original article.

While 15 years ago Armenia arguably had the highest levels of human capital and best educated/trained labor force in the former Soviet Union, very few would venture to make the same claim these days. The reasons for this decline are twofold: (1) emigration, which erodes the human capital because the best workers are also the most competitive outside of Armenia, and (2) depreciation of skills, which has the same impact because of years of unemployment or underemployment. Despite recent rather rosy ratings put up by the Wall Street Journal and Heritage Foundation, which place Armenia's de jure business environment on a par with the likes of France and Singapore, the real state of affairs on the ground in terms of enforcement and implementation of existing laws and regulations remains rather gruesome. Therefore, the message is clear: in order to attract sufficient amounts of capital flows to reduce poverty and sustain growth, which would not be possible in the medium term with the amount of savings generated by the economy of Armenia in its current state, Armenia has to do better in terms of its institutions and business environment, as well as human capital development. And for those who still think that opening the border with Turkey is the panacea against the economic hardship in Armenia, the cross-country findings of Dani Rodrik and Francesco Trebbi of Harvard University and Arvind Subramanian of the International Monetary Fund should serve as solid evidence of the irrelevance of trade for determining income levels [4].

One may wonder, what does dual citizenship have to do with human capital and business environment in Armenia? There is a direct link here and a potentially strong one too. Once actively drawn into the economic and political life of Armenia, the future dual citizens (i.e., current Diasporans) would be a valuable addition for the Armenian labor market with their right market skills, but much more importantly with their life experiences in countries with better governance and stronger civil societies than those in Armenia. The more actively Diaspora Armenians become engaged in the reform effort in their ancestral homeland, the greater the transfer of skills, know-how, and subsequently physical capital to Armenia from all around the world. Engaging them through a variant of dual citizenship would create more jobs, provide access to new markets and empower civil society in Armenia. That is, of course, on top of hard-to-measure emotional effect to be felt by the second, third, and fourth generations of Diaspora Armenians from owning and feeling themselves a true part of Armenia's present and future.

Still, the opponents of dual citizenship cite problems with potential large-scale immigration to Armenia (especially from low-income countries of the Middle East and former Soviet Union) if dual citizenship is introduced. The good news is that even under some of the most restrictive assumptions (e.g., when incoming migrants/repatriates have lesser skills than the population of the host country on average, or they bring in less physical capital than the host country's existing capital per capita, etc.) the empirical literature from a wide range of countries and episodes provides ample evidence of the welfare-enhancing impact of immigration/repatriation [5, the text box on pp.11-12].

The Declaration of Independence, adopted by the Supreme Soviet of the Armenian SSR in 1990 and signed by its chairman, Levon Ter-Petrosyan, states that `Armenians of the Diaspora have the right of citizenship of Armenia.' This promise, as we all know, did not materialize during Ter-Petrosyan's tenure as the President of Armenia in 1992-97, after Armenia's independence. Since then, President Kocharian's own rhetoric too has been pro-dual-citizenship. Yet, not only has he done little to support the introduction of dual citizenship, but for years he effectively blocked the application for Armenian citizenship of a Diaspora-born political rival, thus sending a strong signal about his true position as well as possible reasons for not wanting to support the idea of dual citizenship in Armenia.

But what about the 10-year residency permit? Isn't that enough for one to get involved with the country and contribute as much as he/she wants? Unfortunately, the 10-year residency permit (or travel passport, as it is commonly referred to) is not an `active mode of engagement,' one that allows for indiscriminate and permanent rights and obligations, (relative to those carried by the current citizens of Armenia) for anyone in the Diaspora who wishes to accept them. It is simply a paper that says: `Fellow Diasporans, please come to Armenia, spend your money, invest and even buy land if you want to, but if you misbehave, we may revoke your status (or consider not renewing it upon expiration) and with it, also the right to the land you might have bought.' Any status that contains barriers for Diaspora Armenians to live in Armenia (as long or as short as they wish), pay taxes, complete military service, vote, and be elected into public office falls short of the promise of equal rights for all Armenians expressed in the spirit and the letter of the 1990 Declaration of Independence, and cannot be considered an active mode of engagement.

In summary, the introduction of the bill lifting the ban on dual citizenship is thus a very solid test of the seriousness of the Armenian government to deliver on its long-time promise and take a tangible step towards full-fledged reforms in the country. Diaspora groups should make a point of educating the Armenian government about this issue and encouraging the government to make credible steps towards securing dual citizenship for Diaspora Armenians and, through that, better prospects for the Armenian economy and people. As the debate in the Armenian parliament unfolds, Diaspora Armenians will be watching closely for signals from Armenia on whether their ideas, experience, political views, and physical presence are as welcome in Armenia as their money. The 90th anniversary of the Genocide might be a good time to rethink these issues.


REFERENCES

[1] In economic literature, human capital is typically proxied by average years of schooling across a population group or high school enrollment ratios, and measures the sophistication of the labor force.

[2] Lucas, Robert, 1990. `Why doesn't Capital Flow from Rich to Poor Countries?', American Economic Review, 80, 92-96.

[3] Alfaro, Laura, Sebnem Kalemli-Ozcan, and Vadym Volosovych, 2003. `Why doesn't Capital Flow from Rich to Poor Countries? An Empirical Investigation,' University of Houston, Department of Economics working paper, December.

[4] Rodrik, Dani, Arvind Subramanian, and Francesco Trebbi, 2002, `Institutions Rule: The Primacy of Institutions over Integration and Geography in Development', Working Paper No. 02/189.

[5] Gevorkyan, Aleksander and David Grigorian, 2003. `Armenia and Its Diaspora: Is there Scope for a Stronger Economic Link?' Armenian Forum: A Journal of Contemporary Affairs, vol. 3, no. 2.

[6] Section 2, paragraph 4.


--
Njdeh Melkonian is an Indiana-based economist who works on a wide range of economic and developmental issues, including those facing the economies of transition.

http://www.groong.org/ro/ro-20050331.html
 
POSITION PAPER ON INTRODUCTION OF DUAL CITIZENSHIP IN TANZANIA

1.0INTRODUCTION

There is a growing number of countries, which are currently changing their citizenship laws from a single nationality stance to recognizing dual citizenship. The movement towards embracing dual citizenship is slowly gaining momentum as nations become aware that their national security may not necessarily be jeopardized by mere application of dual citizenship under the present circumstances of intense globalisation and technological advancements which have melted territorial boundaries and merged the world into a global village.

Thus, accepting dual citizenship may now be considered to be in the national interest, as it will facilitate flow of investment, transfer of technology and infusion of democratic values, while at the same time, permitting a nation to affirm its identity. It is, in any case,too late for the entrenchment of dual citizenship to be received, as it has become a fact of globalisation.

This paper discusses the possibility of Tanzania introducing dual citizenship concept in its citizenship law. It proposes to analyse the whole concept of citizenship, examine the concept of dual citizenship and make a comparative study of dual citizenship systems. It will also analyse the current situation of citizenship in Tanzania by reviewing the state of the citizenship law and the reasons for proscribing dual citizenship in Tanzania.

And finally, the study will analyses the need for dual citizenship in Tanzania in relation to globalisation, its consequences and the justification for its adoption.

2.0GENERAL CONCEPT OF CITIZENSHIP

Besides dual citizenship, citizenship as whole is also the subject of interest in this study,both for natives (indigenous) as well as for naturalised persons. More often than not,”citizenship‘ is considered synonymously with ”nationality,‘ with both terms being used interchangeably. While the former is the position or status of being a member of a usually specified state or commonwealth, nationality is the status of belonging to a particular nation.In general, countries define citizenship based on one's descent, place of birth, marriage,and/or naturalization. This has caused the terms to acquire various definitions, but for our purpose, the following definition will suffice.

Citizenship has been defined to mean a regime of rights, privileges and duties. In most cases, countries adopt a combination oftwo or all of these criteria. The first criterion is more inclusive and liberal in nature. Inmodern times, citizenship is conceived in a symbiotic manner where it is viewed as aform of relationship between the political sovereign-state and the individual.

22.1. Methods for Acquiring Citizenship Citizenship laws are often amended to keep in step with political changes. A considerable time lapses between the enactment of new laws and their actual implementation is not uncommon. Moreover, it is not unusual to encounter differences between a nation‘s laws and its actual practices, but almost in all countries there is common methods of acquiring citizenship. These methods are as follows: -

2.1.1. Citizenship by Birth Citizenship is granted due to birth within that particular country. The legal term for this is —:ius soli,“ or sometimes —jus soli.“

3 In most cases, thereare few stipulations on citizenship being granted. In most countries, birth in the country automatically confers citizenship, regardless of the parents' citizenship or status.

42.1.2. Citizenship by DescentCitizenship of a nation is passed on to a child based upon at least one orboth of his/her parents being citizens of that country, regardless of the child's actual country of birth. The legal term for this is —ius sanguinis“ or—jus sanguinis“.52ibid. 3Latin for "right of the soil." [http://www.wikipedia.org/wiki/Jus_soli]4United States Office of Personnel Management Investigations Service, —Citizenship Laws of the World“, IS-1, March 2001. 5Latin for "right of the blood" [[ame]http://www.wikipedia.org/wiki/Jus_[/ame] sanguinis]

Though most countries adhere to the principle of citizenship by descent,they differ on some factors such as father's against mother's rights, thecitizenship of one or both parents, the marital status of the parents, andsome other factors. As a person reaches the age of maturity, the status ofcitizenship by birth or citizenship by descent may change depending onfactors unique to the nationality or citizenship law of a country.

62.1.3. Citizenship by Naturalisation This is a formal process by which a person may acquire the citizenship ofa country by going through a legal process of naturalisation. Naturalisation process varies for different countries and citizenship is notguaranteed. Basic rules in the naturalisation process may include aperiod of residence, renunciation of other citizenship, and familiarity withthe language and customs of the country.

In some countries, citizenship by naturalisation and by registration is usedsimultaneously, like in the case of Tanzania where citizenship byregistration was used in the earlier legislation of 1961 and Citizenship bynaturalisation is used in the current legislation of 1995.

2.1.4. Citizenship by RegistrationIn some instances, a person may acquire citizenship by registration withthe national government without meeting all naturalisation requirementsfor that nation. Usually, these persons possess blood ties to the countrythrough immediate relatives who are citizens, or by marriage to a citizen of that country.

82.1.5. Citizenship by Marriage By some nations‘ laws, upon marriage, a person is entitled to become anaturalised citizen of his/her spouse‘s country without having to fulfil othernaturalisation requirements. Though one has to note that the practice of granting immediate, automatic citizenship to a foreign spouse is far lessprevalent today than it was decades ago. These laws are often differentfor males and females.

92.2.Loss of CitizenshipUsually loss of citizenship occurs voluntary or involuntary where the country‘slaws state that under certain circumstances, citizenship is automatically removed.The following are the common categories for loss of citizenship in manycountries, which are divided into two parts, namely the voluntary and the involuntary loss of citizenship: -

2.2.1. Voluntary Loss of CitizenshipThis occurs where the person voluntarily renounces his/her citizenship.Most countries have laws which specify how a citizen may voluntarilyrenounce citizenship, though voluntary renunciation of citizenship may bedifficult for citizens of some countries.

2.2.2. Involuntary Loss of CitizenshipUsually each country sets out the reasons under which it will withdraw thecitizenship of its citizens. Most countries‘ laws dictate the loss ofcitizenship upon a citizen‘s voluntary acquisition of another country‘scitizenship. The interpretation of what constitutes "voluntary" is not uniform.However, in certain countries, it is not considered voluntary unless theperson makes an explicit declaration of renunciation of citizenship ofhis/her country. Other countries, laws state that if a citizen obtainsanother citizenship and makes no effort to renounce it, his/her originalcitizenship is lost automatically.

2.2.3. Loss of naturalised citizenship

Usually occurs when the naturalised citizen resides for a specified time inanother country, or if s/he obtained naturalised citizenship through fraudor false statements, or if s/he did not renounce previous citizenship.

3.0 GENERAL OVERVIEW ON DUAL CITIZENSHIP CONCEPT

The term ”dual citizen‘ and ”dual nationality‘ are synonymous, as are the words ”citizen‘and ”national‘. Therefore the terms have been used interchangeably. The issue of dualcitizenship is both of theoretical and practical interest in today's world. The term dualcitizen has acquired the wider definition and it is upon any country to give it a narrow meaning.

3.1. Meaning of Dual Citizenship

Dual citizenship has simply been defined to mean the simultaneous possession of two citizenships, where a person may be a citizen of two countries at the sametime. It arises because there is no common international law relating tocitizenship, as each country has its own citizenship laws based on its own policy. In essence, dual citizenship has just been accepted in recent years and it is an issue that has attracted the attention of a lot of people in many countries; and many parliaments worldwide are interested in the subject, which unfortunately does not have a large enough literature. Accordingly, this study is based on the available limited literature. As explained earlier, the criteria for acquisition of citizenship differs from country to country where a person may become a citizen of a given country for one or more of reasons. This situation allows a person to become a citizen of more than one country, giving rise to the to the concept of dual citizenship. A person may acquire dual citizenship on account of the following reasons: -

3.1.1. Dual Citizenship by Birth

It occurs when a child born in a country that grants citizenship by birth, to parents who are citizens of a country that grants citizenship by descent.

For instance, the U.S.A has a system that maintains that a child born abroad to American parents will acquire not only American citizenship butalso the citizenship of the country in which the child was born. Similarly, a child born in the U.S.A of foreign parents may acquire both Americancitizenship and the citizenship of the parents.

103.1.2. Dual Citizenship by MarriageIt occurs when a foreign citizen automatically acquires his/her spouse'scitizenship upon marriage. In some countries, the spouse does not loose her/his former citizenshipby voluntarily acquiring the foreign citizenship; therefore, the originalcitizenship is not lost and automatically s/he acquires the citizenship ofthe spouse's country upon marriage. However, most countries provide that citizenship will be lost upon the"voluntary" acquisition of another citizenship. In the case of citizenship bymarriage, some nations consider that, simply by marriage, their citizen donot voluntarily acquire foreign citizenship and that, their originalcitizenship is not lost. But if she voluntarily renounces her originalcitizenship, she becomes eligible to the spouse‘s citizenship.In the case of Tanzania for instance, once a foreign woman marries a man who is a citizen of Tanzania, she has to undertake certainprocedures to become a citizen of Tanzania, one of which is to formallyrenounce her original citizenship. 113.1.3. Dual Citizenship by NaturalisationIt occurs in circumstances where a country allows its citizens who obtainforeign citizenship to retain their original citizenship, while the countryfrom which they acquire their second citizenship does not require them torenounce their former citizenship. 10LRCT, the Draft Idea Paper on the Introduction of Dual Citizenship in Tanzania, DSM, 2004, p.3 11Section 11 of the Tanzania Citizenship Act, No. 6 of 1995.
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73.1.4. Dual Citizenship by DefaultIt occurs when a person is naturalised elsewhere without the knowledgeor approval of the country of origin. Under such circumstances s/he mightbe considered by his/her country of origin to still retain his/her originalcitizenship. Dual citizenship by default may also occur if the country oforiginal citizenship is not notified that another citizenship has beenacquired. Under such circumstances, both citizenships may bemaintained or officially documented. It is believed that there are may besuch cases even in Tanzania. 3.1.5. Dual Citizenship by TreatyIt occurs where countries have agreements or treaties for recognition ofdual citizenships among their citizens. While the concept of dual citizenship is acknowledged, not all countriesrecognise that their citizens may possess simultaneous citizenship of theircountries and with others. This is the position obtaining in Tanzania where the possibility of acquiring and maintaining dual citizenship on thebasis of the five criteria listed above does not exist, except perhaps forperson below the age of majority. 3.2.Resolving Dual Citizenship It may occur that individuals may have dual citizenship not by choice but by mereoperation of different and sometimes conflicting laws of the countries in whichthey have citizenship. Where this occurs, the following are the procedures which may be applied to resolve the dual citizenship problem so that the individualconcerned may remain with the citizenship of one country of his/her choice: -3.2.1. Majority DivestitureThis option allows a person with dual citizenship, upon reaching the age of majority (i.e., age of legal adulthood), to decide which citizenship tokeep. Many countries have this provision in their Constitution, Charter, ortheir citizenship laws.
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8For instance, a child born in Tanzania by foreign parents but who issubsequently adopted by the citizens of Tanzania may have dualcitizenship of his/her adopted parents as well as that of his/her adoptedparents. Upon reaching the majority age of 18 years, the young adult hasto decide which citizenship to keep as the law would not allow him/her toretain dual citizenship.3.2.2. Generational RequirementThis consists of limiting the principle of citizenship by descent to the firstor second generations of individuals born and residing abroad. 3.2.3. RegistrationIn countries where non-native children must be registered at their parent‘scountry‘s consular office shortly after birth, omitting this requirement can make it difficult for the child to later acquire the citizenship of eithercountry.123.2.4. Delayed Conferment of CitizenshipPersons, not born in the country where their parents are citizens, can begiven the right to acquire their parents‘ citizenship upon renunciation ofany other citizenship which they may have acquired. 3.2.5. Diplomatic RestrictionsChildren of diplomatic representatives are normally prevented bycitizenship laws from acquiring citizenship by birth of the country in whichtheir parents are serving. 3.2.6. Restriction By LawA country may forbid its citizens to become naturalized in a foreign state,except with the original nation‘s permission. When permission is granted,the person loses his/her former citizenship. 12United States Office of Personnel Management Investigations Service, —Citizenship Laws of the World“, IS-1, March 2001.
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93.2.7. Administrative OptionA country may grant conditional freedom of expatriation and automaticallyrelease from its allegiance, persons who become naturalized citizens ofanother country.4.0A GLOBAL CONCERN: COMPARATIVE STUDY ON DUAL CITIZENSHIP SYSTEMAmong the 16 countries, the U.S.A tops the list with a total estimated of people living abroad with the population of 16.78 thousands, the United Kingdom comes next with 12thousands and Canada is on the third spot with 8.51 thousand of people living abroad.13The rest of the 14 countries are as follows; Australia, Finland, Ireland, Italy, Netherlands,Israel, New Zealand, Cyprus, Sweden, Switzerland, France, Greece and Portugal. An estimated 10 to 25 per cent of the total of people living abroad about 45 thousands inthese 16 countries could apply for overseas citizenship.14The following is the review ofthe citizenship laws of some countries, among which recognise dual citizenship either aswhole or in some form. The review also covers countries which are currently consideringthe possibility of adopting dual citizenship and those which have completed discussions on the recognition of dual citizenship. 4.1.UNITED STATE OF AMERICAIn U.S.A, citizenship is based upon Title 8 of U.S. Code 1401 œ 1409 of 1986. Historically, many Americans have held dual (or even triple) citizenship, usuallybecause of their birth in the United States conjoined with one or more foreign citizenships derived by descent from their foreign-born parents.In addition, some naturalised American citizens, although they have renounced their foreign citizenship in their naturalisation oath, they nevertheless retain theirforeign citizenship because their country of origin do not recognise, as a matterof law, or practice, their citizens' renunciation. They thus maintain dualcitizenship although the U.S.A government does not endorse dual citizenship,since it does little to prevent or discourage its occurance.1513http://www.immigration.com/newsletter1/dualpio.html 14Ibid. 15Peter H. Schuck, U.S. Citizenship —Contemporary Challenges and Future Directions,“ Tomasi, 1998, Cap.10.
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10As a matter of practice, dual citizenship is recognised in the U.S.A. The SupremeCourt of the U.S.A had occasion to observe that dual citizenship is a —status longrecognised in the law“ and that —a person may have and exercise rights ofcitizenship in two countries and be subject to the responsibilities of both. Themere fact he asserts the rights of one citizenship does not without more meanthat he renounces the other.“16However, the Immigration and Nationality Act (INA) does not define dualcitizenship or take a position for or against it. There has been no prohibitionagainst dual citizenship, but some provisions of the INA and earlier U.S.A citizenship laws were designed to reduce situations in which dual citizenshipexists.17U.S.A perceives dual citizenship as a result of the fact that there is no uniformrule of international law relating to the acquisition of citizenship. Thus, eachcountry has its own laws on the subject, and its citizenship is conferred uponindividuals on the basis of its own independent domestic policy. Therefore,individuals may have dual citizenship not by choice, but by automatic operationof the different and sometimes conflicting laws. The laws of the U.S.A, not less than those of other countries, contribute to thesituation because they provide for acquisition of U.S.A citizenship by birth in theU.S.A and also by birth abroad to an American citizen, regardless of the othercitizenships, which a person might acquire at birth. For instance, a child bornabroad to U.S.A citizens may acquire at birth not only American citizenship but also the citizenship of the country in which it was born. Similarly, a child born inthe U.S.A to foreigners may acquire at birth both U.S.A citizenship and theforeign citizenship of its parents.18The laws of some countries provide for automatic acquisition of citizenship afterbirth or upon marriage. In addition, some countries do not recognise16Based on the U.S. Department of State Regulation on Dual Citizenship (7 FM 1162) decision was made in Kawakita v. U.S., 343U.S. 717 (1952)17ibid 18htt://www.usa.or.th/services/visa/acs/Dual_Nationality.htm
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11naturalisation in a foreign country as grounds for loss of citizenship. Thus, once aperson from those countries is naturalised in the U.S.A, s/he keeps thecitizenship of the country of origin despite the fact that one of the requirement forU.S.A naturalisation is renunciation of other nationalities.19However, as mentioned above the current citizenship law of the U.S.A does notspecifically recognise dual citizenship, though the automatic acquisition orretention of a foreign citizenship does not affect U.S.A citizenship. Under limitedcircumstances, the acquisition of a foreign nationality upon one‘s own application may cause loss of the U.S.A citizenship.20In order for loss of citizenship to occur, it must be established that thenaturalisation was obtained voluntarily by a person of 18 years of age or olderwith the intention of relinquishing U.S.A citizenship. Such an intention may beshown by the person‘ statements or conduct,21but in most cases it is assumedthat Americans who are naturalised in other countries intend to keep their U.S.Acitizenship as well. As a result they have both citizenships. Moreover, the U.S.A law does not contain any provision requiring U.S.A citizenswho are born with dual citizenship or who acquire a second citizenship at anearly age to choose one citizenship or the other when they become adults.22However, as afore mentioned, while recognising the existence of dual citizenshipand permitting its nationals to have other citizenships, the U.S.A Governmentdoes not endorse dual citizenship as matter of policy because of the problem, which it may cause. 4.2.CANADAThe law of Citizenship in Canada is based on the Canadian Citizenship Act of1947 and the Citizenship Regulations of 1977. The law provides that all personswho were citizens of Canada before February 14, 1977 remain citizens ofCanada. The law also provides three kinds of citizenship, which are, by birth, by19ibid. 20Section 349(a)(1) of the Immigration and Nationality Act [8 U.S.C 1481(a)(1)].21Vance v. Terrazas, 444 U.S. 252 (1980).22Mandeli v. Acheson, 344 U.S. 133 (1952).
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12descent and by naturalisation. In Canada, dual citizenship is recognised, asstated in the Citizenship Act of February 15, 1977.234.3.SWEDENCitizenship in Sweden is based the Swedish Nationality Law. One can become aSwedish citizen through birth, adoption/descent, legitimisation and/ornaturalization.Dual Citizenship in Sweden was not recognised but there were exceptions to thatrestriction. For instance, a child who obtains a foreign citizenship through birth abroad or by having parents of different nationalities may retain dual citizenship.However, if the child was born abroad and has never resided in Sweden, Swedish citizenship will be lost at age 22 unless an application to retain Swedishcitizenship is made. Any Swedish citizen can retain dual citizenship, as long asdual citizenship was not obtained through a conscious desire to voluntarily obtaina foreign citizenship. Currently, Sweden has incorporated the concept of dual citizenship in itsCitizenship Act. According to Statistics, as of March 2003, 916 United States(U.S.) citizens have obtained Swedish citizenship since the new law grantingdual citizenship came into effect in July 2001.244.4.GERMANYIn German citizenship is based on the German Citizenship Law. Citizenship isconferred mainly on two principles, namely the principle of descent of parents(jus sanguinis), and, after January 1, 2000, the principles of citizenship by birthwere confers (jus soli). In addition, the German citizenship may also be acquiredthrough registration and naturalisation. In principle, dual citizenship is not recognised in Germany, but there areexceptions to this restriction where German citizens living abroad who acquireanother citizenship can escape the automatic forfeiture of their German23United States Office of Personnel Management Investigations Service, —Citizenship Laws of the World“, IS-1, March 2001.24http://www. parentnetsweden.com/Infopages/Resourses/Immigration_directory/Dual.htm
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13citizenship by obtaining a decree from German authorities permitting them toretain their German citizenship. Also, after January 1, 2000, dual citizenship isallowed until age 23.254.5.INDIACitizenship in India is based on the Citizenship Act of 1955. Despite the variety of states, peoples, and languages in India, the law recognises only Indiancitizenship where one could be recognised as the citizen of India by birth,descent and/or naturalisation. Recently, the Indian Parliament passed a Bill26to approve and grant dualcitizenship to people of Indian origin that would enable both Bharatvasis andBharatvanshis to contribute together to the cause of India's development. Although the Bill has been passed out the rules, regulations and requirementsare still under process.The Bill defines "overseas citizen of India" to mean a person who: - a) Is of Indian origin being a citizen of a specified country, orb) Was a citizen of India immediately before becoming a citizen of aspecified country and is registered as an overseas citizen of India by theCentral Government. c) An overseas citizen will not be entitled to the rights conferred on a citizenof India and will not have the right to equality of opportunity in matters ofpublic employment, will not have voting rights and also will not be eligibleto be a member of either the Lok Sabha or the Rajya Sabha.Besides conferring overseas citizenship, the Bill has a new Section 14A on thesubject of issue of national identity cards, stipulating that the Central Governmentmay compulsorily register every citizen of India and issue the national identitycard; and the Government may maintain a National Register of Indian Citizensand for that purpose establish a National Registration Authority.25Op.cit 26The Citizenship (Amendment) Bill of 2003.
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14The Bill on the other hand has provisions to simplify procedures like: - a) Facilitate the re-acquisition of Indian citizenship by persons of full agewho are children of Indian citizens and former Indian citizens. b) Granting of overseas citizenship of India to persons of Indian originbelonging to 16 specified countries and Indian citizens who choose toacquire citizenship of any of these countries at a later date. On the other hand, the Bill makes acquisition of Indian citizenship andnaturalisation more stringent and prevents illegal migrants from becoming eligiblefor Indian citizenship. And for those who have taken foreign passports, the grant of dual citizenship will remove the obstacles in travel to and from India with nomultiple visa requirements.The Indian Government argues that persons of Indian origin have settled in moreadvanced countries of the world and they have skills and expertise in vital sectors. Therefore, the facility of dual citizenship would foster development inthese sectors by way of investments and transfer of skills and resources. Theneed for people living abroad to build emotional and cultural bonds with theirIndian counterparts at home will now be strengthened and will facilitate thediaspora's contribution in India's social and economic development. And finally, the Government argues that by recognising dual citizenship it willhelp to bring about and establish links of the younger generation of the diasporawith India, as they may be keen to keep in touch with their roots.274.6.GHANA In Ghana dual citizenship is not recognised. However, there has beenconsideration to embrace the concept of dual citizenship which is now very closeto be recognised in its laws. Citizenship law in Ghana is based on theConstitution of Ghana of 1992. Every person who was a citizen of Ghana beforethe date of the Constitution remains a citizen of Ghana.27http://www.immigration.com/newsletter1/dualpio.html
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15In Ghana one can acquire citizenship by birth, descent, marriage and/or bynaturalisation. As mentioned above, dual citizenship is not in principle recognisedin Ghana but there are some exceptions in practice. For instance, a child born abroad, who obtains the citizenship of the country ofbirth, may retain dual citizenship until the age of 21, when one citizenship mustbe chosen or else Ghanaian citizenship will be lost.A Ghanaian citizen who marries a foreign national and is required to renounceGhanaian citizenship may regain it upon the dissolution of the marriage. Thus, aform of dual citizenship exists.28Currently, a dual citizenship Bill has bi-partisan support in Ghana‘s Parliament asthe majority leader of the house and chairman of the business committee29haspresented a Citizenship Bill to Ghana's Parliament for discussion.The first of its kind in African history, this bill will, among other innovations,provide for dual citizenship and grant the "right of abode" to Diasporan Africans.The aforementioned legislative proposal that seeks to replace the Ghana Nationality Act of 197130has the support of several members of parliament. Contributing to the discussion, the NDC-South Dayi,31described the bill as "far-reaching" and said it is good that dual citizenship has been considered. He notedthat there are many children who were born outside Ghana to Ghanaian parents.He added, "Such children can now see clearly where they want to belong".32Speaking in favour of the provision for dual citizenship, the Minority Spokesmanon Finance,33said a number of Ghanaians residing abroad, who are prepared tomake significant contributions to the national economy, can now do so, since itgives them the opportunity to maintain their citizenship. In his contribution, the 28United States Office of Personnel Management Investigations Service, —Citizenship Laws of the World“, IS-1, March 2001.29Dr. Kwabena Adjei.30Act No. 361 of 1971.31Dr Alex Ababio.32http://home.att.net/asenta/breaking_news.html 33Dr Kofi Konadu Apraku.
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16minority leader of the House,34called for a special dispensation for Africans inthe Diaspora who want to acquire Ghanaian citizenship under the "right ofreturn".35The MP for Offinso South36also said that the Bill would give recognition to thedual citizenship of Ghanaians outside the country, thus encouraging them tosupport the national development effort more positively. On several occasionsmany Ghanaian organizations, among others, are those living in the U.S.Aincluding the National Council of Ghanaians Associations have voiced theirsupport for a dual citizenship legislation.374.7.KENYA In Kenya, citizenship is granted under the Kenyan Constitution. One can acquirethe citizenship of Kenya by birth, descent, registration and/or by naturalisation. Inprinciple, dual citizenship is not recognised except for persons under 21 yearsold. However, dual citizenship will now be allowed under the new constitution, as thematter will shortly be presented to the Parliament after discussion and approvalby the Bomas. Among other things, it has been agreed that Kenyans who are living abroad will not be entitled to parliamentary representation.However, delegates who were discussing the Bill resolved that no provision forrecognition of dual citizenship should be expressly provided for in theconstitution. It was agreed that Parliament will be vested with the authority toenact legislation providing for conditions in which Kenyan citizens may not losetheir citizenship by acquiring another country's citizenship.Parliament will also be required to enact legislation providing for conditions underwhich Kenya's citizenship may be granted to citizens of other countries. It was34Mr. J.H. Mensah.35Act No. 361 of 1971.36Mr. Francis Kwasi Buor.37Op.cit.
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17further agreed that a person who loses Kenyan citizenship by acquiring anothercountry's citizenship will be entitled to recover his/her citizenship on application.Finally, the consensus of the committee was that the Constitution of Kenyashould recognise dual citizenship, while by the Parliament will have the power toset rules for eligibility to dual citizenship. The committee also proposed that dualcitizenship should be granted to a Kenyan citizen married to a citizen of anothercountry. It recommended that a Kenyan citizen who acquires another country'scitizenship should be granted dual citizenship38. 4.8.MALICitizenship in Mali is based on the Code of Nationality of 1995.39Maliancitizenship may be acquired by birth, descent, marriage and/or naturalisation. InMali Article 38 of the Code of Nationality recognises dual citizenship.404.9.NEW ZEALANDIn New Zealand, citizenship is based on the Constitution of New Zealand of1949.41New Zealand is a member of the British Commonwealth, thus, NewZealanders born before January 1, 1949, have had a variety of citizenship statusunder the British and New Zealand law.New Zealand citizenship may be acquired or granted to persons through birth,descent, registration and naturalisation. Except for citizenship by birth, anyperson may apply for a grant of New Zealand citizenship after having resided asa permanent resident in New Zealand for a least three consecutive years. Thisapplies mainly to spouses of New Zealand citizens. Moreover, the Constitution of New Zealand of 194942provides that the Ministercan authorize the grant of New Zealand citizenship to any person who was born outside of New Zealand from January 1, 1949, to January 1, 1978, and whosemother was a New Zealand citizen other than by descent. 38htt://home.att.net/asenta/breaking-news.html 39Regulation No.95-098 of 1995. This regulation replaced No.62-18 of February 3, 1962.40htt://home.att.net/asenta/breaking-news.html 41Dated January 1, 1949 42Section 10 on Grant of Citizenship.
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18However, the New Zealand citizenship can lost into two ways, either by voluntaryloss of citizenship or involuntary. Given that the New Zealand recognises dualcitizenship, those concerned with the possibility of dual citizenship should notassume that naturalisation by another country causes their previous citizenshipto be lost by default. 4.10. NIGERIACitizenship is based on the Constitution of the Federal Republic of Nigeria of1989. Those born before or on the date of independence, October 1, 1960, whose parents or grandparents were born in Nigeria and who were legallyresiding in Nigeria at the time, are considered citizens of Nigeria. The Nigeriancitizenship may be acquired through birth, descent, registration andnaturalisation. In Nigeria dual citizenship is only recognised for Nigerian citizensby descent. As many of Nigerians are currently residing outside their country and have inmany cases acquired citizenship of the countries where they reside, concern hasbeen expressed that the constitutional provision concerning dual citizenshipneeds to be addressed. It was once argued that the Nigerians governmentshould consider to make a difference and to contribute their quota to theNigerians who are now living abroad on their motherland, so that they might beable even to seek elective offices in Nigeria.Section 28 of the 1999 Constitution recognised citizenship by birth, which cannotbe denied, even upon acquisition of another citizenship. This is the basis of thedual citizenship under the Nigerian Citizenship Law.4.11. RUSSIAN FEDERATIONCitizenship laws are based on the Law on Citizenship of 1992. The Russiancitizenship may be acquired through birth, descent, registration andnaturalisation.
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19In principle Russian recognises dual citizenship since its citizen may bepermitted, on petition, to be in simultaneous citizenship of another state withwhich the Russian Federation has a pertinent treaty.4.12. SOUTH AFRICAIn South Africa, citizenship is based on the South African Citizenship Act of 1995.43South African citizenship may be acquired through birth, descent and naturalisation. A South African citizen who is an adult shall cease to be a SouthAfrican citizen if s/he acquires the citizenship of another country by voluntary andformal act. However, South African law recognises dual citizenship if the personrequests permission of the Department of Home Affairs to retain or acquire another citizenship. When a person acquires the citizenship of another country automatically by virtueof marriage, s/he shall not cease to be a South African citizen. The South Africancitizenship can only be lost by either voluntary renunciation of South African citizenship as permitted by law or involuntary. The following are grounds forinvoluntary loss of South African citizenship: -a) Person acquires a foreign citizenship without permission. b) Naturalised or registered citizen continually resides outside the countryfor seven years or more. c) A person who also has citizenship of any other country and serves in the armed forces of such country while that country is at war with theRepublic. 4.13. SWITZERLANDCitizenship laws are based on the Swiss Citizenship Law of 1952.44The Swisscitizenship can be acquired through birth, descent and naturalisation, and dualcitizenship is recognised.43Act No.88 of 1995. As amended, with an effective date of October 6, 1995. The South African Citizenship Act of 1949 has been repealed.44Dated September 29, 1952. As amended in 1984 and 1990.
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204.14. UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND(ENGLAND, WALES, SCOTLAND, AND NORTHERN IRELAND) [—British“ refers to —of the United Kingdom“]In British, citizenship is regulated by the British Nationality Act of 1984. Due toGreat Britain's historic relationship with its former colonies and the BritishCommonwealth,45certain groups of peoples fall into special categories.Citizenship requirements and special considerations for these groups arefrequently different than for those considered to be foreign nationals and, to adegree, are different from category to category. Persons included in thesespecial categories are: -a) British Dependent Territories Citizens,b) British Overseas Citizens, c) British Subjects, d) British Protected Persons,e) Commonwealth Citizens, and f) Citizens of the Republic of Ireland. Moreover, after January 1, 1983, British citizenship could be acquired throughbirth, naturalisation and descent but subject to some conditions. Unless it isrequired for other reasons, British citizens need not renounce their citizenshipupon obtaining a foreign citizenship. And those who have voluntarily renouncedtheir British citizenship they are entitled to re-acquire the same. 5.0DUAL CITIZENSHIP IN RELATION TO GLOBALISATIONCitizenship is an idea in transformation which globalisation and world unification are challenging countries‘ definitions of citizenship. This long-term trend makes a pragmaticfocus on the welfare aspects of "people flow" problematic. The key impact of migrants on45The Commonwealth is a free association of sovereign, independent states, numbering 53 at the end of 1999. Most of the membership consists of former colonies and territories of the United Kingdom. There is no charter, treaty, or constitution; theCommonwealth association is expressed in cooperation, consultation, and mutual assistance for which the CommonwealthSecretariat is the central coordinating body. The associated countries includes; Antigua and Barbuda, Australia, Bahamas,Bangladesh, Barbados, Belize, Botswana, Brunei, Canada, Cameroon, Cyprus, Dominica, The Gambia, Ghana, Grenada, Guyana,India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldives, Malta, Mauritius, Mozambique, Namibia, Nauru, New Zealand, Pakistan, Papua New Guinea, Seychelles, Sierra Leone, Singapore, Solomon Islands, Sri Lanka, St. Kitts and Nevis, St. Lucia, St. Vincent and The Grenadines, Swaziland, Tanzania, (emphasis is mine) Tonga, Trinidad and Tobago, Tuvalu, Uganda, UnitedKingdom, Vanuatu, Samoa, Zambia, Zimbabwe.
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21developed societies goes far wider to reshape how citizens relate not just to migrants,but also to each other.46Globalisation works in mysterious ways and ensures that an increasing number ofpeople live outside the territory where they were born. For the great majority of suchinhabitants currently living abroad, ”home‘ is the place where they live, even if theirethnic roots lie elsewhere. However, to become a citizen in their chosen home is difficult,because there are differences in the requirements from one country to another, rangingfrom the conservative imposition of assimilation, to much more liberal approaches. This profound transformation of a citizenship concept still conditioned by nationalaffiliation into a form of supra-national belonging. It is an attempt to rise to the challengeof the unprecedented effects of globalisation, by creating some basic common ground ofrights and duties beyond national borders. The modern concept of citizenship ischanging; there comes the idea of dual citizenship.In its recent report on globalisation, the World Commission on the Social Dimension ofGlobalisation observed that globalisation is a force with many positive aspect that can beharnessed for humanity‘s collective being, but some of its element have to be tamed forthe sake of our common civility and existence. The Commission recommendsintroduction of multilateral framework for cross border movement of people and suggestsmeasures to stimulate such process of skills circulation could include the acceptance ofdual citizenship by both host and sending countries.47However, there are questions which have frequently been asked such as ”Can one beloyal to more than one state?‘ For a long time this seemed highly improbable andunrealistic. Nations worldwide did their best to cultivate such mistrust where lawprohibited dual citizenship, not only nationally but also internationally, by mutualagreement. However, increased international migration and globalisation have had the effect of reversing this situation over time. Old objections based on nationalist fears ofconflicting loyalties in the hypothetical event of war, have given way to a much greaterpreoccupation with the human rights of the individuals concerned.46Elena Dingu-Kyrklund: 4 - 12 - 2003 47World commission on the Social Dimension of Globalisation, p. 97
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22More than 40 countries worldwide recognise dual citizenships in some form.48Suchcountries include, but not limited to, United Kingdom, Spain, Australia, Hungary, Israel,Canada, Slovak Republic, Italy, Republic of South Africa and Togo. Thus, in principle those countries have already incorporated the concept of dual citizenship in their citizenship laws. Other countries are about to follow while others have already finalisedthe recognition of dual citizenship. The most recent ones are India, Mexico, Philippinesand Kenya to mention just a few.Many scholars argue that it is impossible to pledge allegiance to two countries at oncewhile others argue that dual citizenship is just a natural consequence of globalisation ofthe planet. As the President of the Dominican American Society of Queens, hadoccasion to observe, he stated that: -"This movement is part of the global movement, part of the transnationalisationwhere people feel they have vested interest in different countries. You never losethe love and appreciation for the land you left, and at the same time, you gain that kind of affection to the land you go to."49The idea of dual citizenship is a worldwide phenomenon, which has come out stronglywith globalisation. The idea is growing in the modern world and has implications for thenature and functioning of the nation state in the future. Dual citizenship is being drivenmore and more by economic forces rather than political ones. Globalisation of the worldeconomy seems to be making borders dissolve.50The globalisation movement has further spurred interest in dual citizenship. Beneficiariesof International and Regional Integration, such as SADDC and the East AfricanCommunity‘s dream that they would be happy to see executives, businessmen, professionals and others move freely from one country to another and harvest therewards of regional and multinational integration.48See Appendix 1 to see countries, which recognise dual citizenship.49Carlos Suarez: http://www.usvisanews.com/memo1051.html50This is the conclusion of economist Kenichi Ohmae, author of The Borderless World and The Invisible Continent: Four StrategicImperatives of the New Economy. Many elite businessmen in the U.S. think the same as Ohmae.
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235.1.General Consequences of Dual Citizenship SystemThe consequence of dual citizenship has the pros and cons in its operation.Thus it behoves any one with dual citizenship or with the possibility of claimingsuch a status to investigate the specific situation very carefully and analyse its consequences. In essence, some countries still find it difficult to adopt dual citizenship as it isagainst their policies, though others think citizenship is still important and areworking on policies to do just that. One of the reasons why these countries finddual citizenship, to be important is because that it benefits the home country.Today, the number of a country‘s citizens living abroad is the most importantfactor when evaluating a nation‘s power.In essence, recognition of dual citizenship can increase real love to citizens fortheir country by promoting patriotism in the minds of compatriots. It is also nomore than letting the law conform to reality. For instance, the good example isIsraelis. They have been seen across the world rushing into their country‘s aid during the 1967 war between Arabian States and Israel. However, before rushing to introduce dual citizenship in Tanzania, one mayargue that it is better to make thorough review of the concept to identify the consand pros of the system, so as to avoid all possible risks if any. The followings arethe merits and demerits of dual citizenship, as identified by various countries. 5.1.1. Merits of Dual Citizenship SystemDual citizenship appears desirable as it confers benefits both to thecountry as well as affirming individual rights.A person with dualcitizenship has greater flexibility in his or her choice of where to live andwork. The benefits of providing for dual citizenship can be immense,especially for third-rate economies like Tanzania.Moreover, in reality compatriots consider themselves as dual citizensregard less of the prohibitions by their Governments. The dual citizenshave always a greater love for their home countries.
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245.1.2. Demerits of Dual Citizenship SystemOn the other hand, dual citizenship is not particularly desirable in manycountries, though it is generally considered and accepted that when the dual citizens are in the other country of which they are citizens too, thatcountry has predominant claim on them. Taking the example of U.S.Aand South Africa, the dual citizens of those two countries owe allegianceto either the U.S.A or South Africa, for that matter and the other foreigncountry. They are required to obey the laws of both countries and either countryhas the right to enforce its laws on the person, particularly if s/he is withinits jurisdiction at any given time. It all is really a matter of giving to Caesarwhat is Caesar‘s, and giving to the other country what is the othercountries‘51However, this has been placing dual citizens in a problematic situationwhere their obligations to one country are in conflict with the laws of theother country. An example is the problem of conflicting military obligationswhere the country has the system where it is compulsory once a personis a citizen of that particular country to work in military in case ofemergency.Dual citizenship makes it easier for individuals to move between countriesfor business, employment, social and cultural purposes. Citizenship maybe an instrument of state control, but it is also an important form ofindividual identity and free association. Restriction on dual citizenshipthus comprises restrictions on identity, as are other forms of restriction.For those born with dual citizenship to the parents of different nationality,a rule against dual citizenship status forces the child to choose betweenthe two. In the absence of any significant cost to society in the 51Karl Lyimo, The Case for Dual Citizenship in Modern-Day Tanzania, ”Duality is a Lifeline in Times of Uncertainty‘ Friday,‘September 05, 2003, © 2002 Business Times Limited.
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25maintenance of dual citizenship, forcing that choice and the loss it maypresent to the individual seems unjustifiable. In addition, a person's dual citizenship may even hamper efforts toprovide diplomatic and/or consular protection when that person is abroadhis/her country of origin,52because the country where s/he is currentlyresiding would claim not to be interfered with in its internal affairs whendealing with its citizens. Other countries require their citizens to use their passports when enteringor leaving their countries unless there are exceptions. At the same time,those citizens if they have dual citizenship may be required by the othercountry of which they are citizens to enter and leave that country using itspassport. Thus, that conflicting requirement of passports may lead toconfiscation of their passports or even fine.53There is no question that dual citizenship can make it easier to travel,work and own property in other countries. But passports are not creditcards to be collected and used interchangeably whenever it is convenient.Immigrants may sincerely profess their love for both their native andadopted countries, but dual citizenship will not in other circumstanceshelp but water down patriotism. And shared national loyalties, sooner orlater, would come into conflict. 6.0ANALYSIS OF CURRENT STATE OF CITIZENSHIP LAW IN TANZANIAAll matters on citizenship in Tanzania are based on the Tanzania Citizenship Act of199554and Immigration Act of 199555. Tanzanian citizenship may be acquired by birth, descent, marriage and/or naturalisation/registration.5652htt://www.usa.or.th/services/visa/acs/Dual_Nationality.htm at p. 2 of 3.53Section 215 of the Immigration and Nationality Act [8 U.S.C 1185] has the same Implication.54Act No.6 of October 1995.55Act No.7 of 1995. 56Op.cit sections 4-6, 8-11.
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26In principle, dual citizenship is not recognised in Tanzania as no Tanzanian can have thecitizenship of another country. If s/he so wishes to take up the citizenship of anothercountry, s/he has to renounce first his/her Tanzanian citizenship.However, there are instances by operation of law, which allow Tanzanians to retain dualcitizenship. For instance, a child born abroad and obtained the citizenship of the countryof birth may retain dual citizenship until age of 18. At the age of 18, one citizenship mustbe chosen or Tanzanian citizenship will be revoked. The following are the criteria for acquiring Tanzanian citizenship as provided by the citizenship law.6.1.Criteria for Acquiring Tanzanian CitizenshipAs mentioned above Tanzania Citizenship Act of 1995 provides for the criteria ofacquiring the Tanzania citizenship as follows: -6.1.1. Citizenship by BirthSimply born within the territory of Tanzania, either before or afterindependence does not automatically confer citizenship. A person canonly be a citizen if s/he was born in Mainland Tanzania or in Zanzibarbefore Union Day, was immediately before Union Day a citizen of theRepublic of Tanganyika or of the People's Republic of Zanzibar.576.1.2. Citizenship by DescentIn the following circumstances a person can acquire a Tanzaniancitizenship by decent: -a) If a person born outside Tanzania before the Union Day who wasliving in Tanzania, and whose at least one of her/his parents wasborn in Tanzania, orb) If a person born outside Tanzania but her/his father was eligiblefor Tanzanian citizenship, orc) If a person born in Tanzania, at least one of her/his parents is a citizen of Tanzania.5857Section 4 (I) of the Tanzania Citizenship Act, No. 6 of 1995 58Ibid sections 5 & 30.
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27d) If a person born outside Tanzania, but her/his father is a citizen ofTanzania.6.1.3. Citizenship by MarriageA foreign woman who marries a citizen of Tanzania can at any timeduring the lifetime of the husband be entitled, upon making an applicationin the prescribed form, to be naturalised as a citizen of Tanzania.59And a woman who has, previous to her marriage to a citizen of Tanzania,renounced, or been deprived of, her status as a citizen in accordance withthe law for the time being in force is not entitled to be naturalised asmentioned above but can be naturalised with approval of the Minister. 606.1.4. Citizenship by NaturalisationA person can qualify to acquire citizenship of Tanzania by naturalisationupon fulfilment of the following conditions as provided in the TanzaniaCitizenship Act of 199561: - a) S/he has resided in Tanzania throughout the period of twelvemonths immediately preceding the date of the application; and b) During the ten years immediately preceding the said period oftwelve months s/he has resided in Tanzania for periods amounting in the aggregate to not less than seven years; and c) S/he has an adequate knowledge of Kiswahili or the Englishlanguage; andd) S/he is of good character; and e) In terms of his/her past and potential contribution to the nationaleconomy, scientific and technological advancement and to thenational social and cultural welfare, he would be a suitable citizenof Tanzania; f) S/he intends, if naturalised, to continue to reside permanently inTanzania.59Ibid section 11(1).60ibid Section 11(2).61Section 9(1) and Second Schedule of Act No. 6 of 1995
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28However, if there are any special circumstances of particular case theMinister on his/her discretion may allow: -a)A continuous period of twelve months ending not more than sixmonths before the date of application to be reckoned as though ithad immediately preceded that date; b)Periods of residence earlier than eight years before the date ofapplication to be reckoned in computing the aggregate mentionedabove of not less than seven years6.2.Reasons for Tanzania to Proscribe Dual Citizenship Tanzania has passed through three phases government. It is during the firstphase of government in the wake of independence that the country decided toproscribe dual citizenship in its legislation, making it illegal for one to be aTanzanian citizen and a citizen of another country at one and the same time. There must have been good reasons for this but they cannot go beyondspeculation that there are some reasons, which are unreasonable today, thoughthey may have been reasonable then as is aptly demonstrated in the case ofsome countries which have adopted dual citizenship in the recent past. This isthe area in which the Commission will have to find out the reasons lead toproscribing dual citizenship in Tanzanian legislation and make critical analysis asto whether they are still valid, taking in to account current environment in the economic, political and other relevant factors.Reasons for proscribing dual citizenship may have simply been political. But then, politics is the art of the possible; and what may have been impossible fortyyears ago will not necessarily be so today. In other words, there is a strong casefor dual citizenship in modern-day Tanzania. Indeed, as mentioned above, thereare many countries in the world that entertain dual citizenship as a matter ofroutine. 6.3.The Need for Dual Citizenship in TanzaniaThe status of dual citizenship in Tanzania is that it is not recognised. Tanzaniadoes not provide for this and it is among 127 countries of the world that expressly
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29prohibit dual citizenship. Conversely, 43 countries, 9 of which are Africans arenow accepting dual citizenship. African countries which recognise dualcitizenship are South Africa, Benin, Burundi, Chad and Mali while Ghana, Kenya,Uganda and Rwanda are currently seriously considering to recognise dualcitizenship.It is alleged, without sufficient proof, that there are at least 600,000 Tanzaniansabroad (the higher range is close to 1.2 million Tanzanians). These Tanzanianssaid to be remitting approximately 63% of all foreign exchange inflows intoTanzania annually, including aid-in-kind. This remission is in the form ofmonetary aid to family members, personal and other investments.62These are some of the issues which the Commission will have to find out in the study toascertain whether it is justifiable to introduce dual citizenship based on economicreasons.Tanzanians who are living abroad have been arguing that Tanzania is wrong ondual citizenship by missing the main focus regarding the issue of dual citizenshipin two fronts. First, the government seems to have focused on foreigners gaining Tanzaniancitizenship, instead of weighing the merit of Tanzanians abroad that would like toretain their Tanzanian citizenship if and when it becomes necessary for them toassume citizenship of another country.Second, they believe that given the world and times we are living in today, dualcitizenship should be enshrined in Tanzanian citizenship law and allow thepossibility of enacting provisions to prevent possible abuse, as is the case inother countries. They are arguing further that the world environment and attitudes have changed considerably since the Hague Convention, which was signed in 1954,63and especially over the last 10 to 15 years. Currently, there is vastly enhanced62Karl Lyimo, The Case for Dual Citizenship in Modern-Day Tanzania, ”Duality is a lifeline in times of uncertainty‘ Friday,‘ September05, 2003, © 2002 Business Times Limited.63http://www.bhootan.org/amnesty/amnesty_09012000.htm
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30mobility of people and increased incidence of people living and working in foreigncountries for extended periods. Tanzanians, like others, are often required toacquire citizenship overseas in order to: -a) Obtain employment particularly in well-paying jobs restricted to citizens, b) Protect themselves from suspicion and frivolous legal problems againstlegal systems more amenable to their citizens, c) Reap maximum benefits from welfare systems of the host nationscommensurate with the taxes the Tanzanians pay, ord) Reside with non- Tanzanian citizen spouses. They are also of the view that Tanzania government should not only permit dualcitizenship but also actively facilitate the ability of its citizens to pursue thesegoals, not only because these pursuits are for the benefit of the country, but alsobecause there is no evidence that such endeavours compromise patriotism.There is greater acceptance in the modern, internationalised world, thatindividuals may be citizens of more than one country and satisfactorily meetduties as citizens in relation to each. It is also evident that dual citizenship hasnot harmed nations that allow it, and that the benefits of dual citizenship extendbeyond the individuals concerned. Therefore, they find that the time is ripe for Tanzania to recognise the potentialand importance of these Tanzanians and join the vast majority of the rest of the world that acknowledged the importance of its citizens that may not be resident intheir country. As a matter of reality they find that it was the decade of economic decay andpersecution, lack of higher education opportunities, and a myriad of otherreasons that have forced them to seek fortunes in foreign lands. And this trend isnot unique to Tanzania. Even though they have invested their earning potentialelsewhere, a demonstration of their commitment to the motherland is the continued support for their families in Tanzania, and they are saying that most ofthem have even gone further and planned their retirement in Tanzania. This has
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31turned out to be a blessing for Tanzania as its sons and daughters have excelledand rose to positions of authority and immense wealth.They therefore argue that, instead of shunning these worthy citizens, Tanzaniashould think about embracing its brothers and sisters living abroad as partnersand fellow citizens in the struggle to build a prosperous country. As a matter offact, Tanzanians abroad are said to do more for their country while abroad thanthey probably would were they living in Tanzania.In essence, some Tanzanians living here and abroad have shown interest on theintroduction of dual citizenship. Most of them, particularly those living abroad have been submitting articles and argued at various forums in favour of the concept. They have been exchanging ideas through Internet so as to make surethey regain their lost Tanzanian citizenship. The following is a statement by ananonymous person arguing in favour of dual citizenship, which was found on theInternet: -—Times have changed and so should Tanzania. The world is in the era ofglobalisation, which guarantees the freedom of movement so, why shouldTanzania take so long to introduce and allow its nationals to hold dualcitizenship. What does Tanzania benefit by stripping its nationals of theircitizenship when they take up citizenship of their host countries wherethey live for betterment of their lives. I think Tanzania is doing a great mistake by punishing its nationals by stripping of their Tanzaniancitizenship (sic) just because one has taken up citizenship of anothercountry of various pertinent reasons. Though they (have) taken upcitizenship of their host countries, ”THEY ARE FIRST CITIZENS OFTANZANIA AND THEN THE HOST COUNTRY‘ and they will alwaysremain Tanzanians as they (have) roots to Tanzania.“6.4.Justification for Recognising Dual Citizenship in TanzaniaThere are several justifications for having dual citizenship system in Tanzania,and among them is that a sizeable number of Tanzanians living abroad and othergroups are interested in getting dual citizenship, or the right to preserve
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32alongside their original citizenship of Tanzanian and also the citizenship of theirhost countries which recognise dual citizenship. And by the logic of things, othergroups like Non-Governmental Organisations (NGOs) and political leaders havealso started to speak in the same vein. The need to give serious consideration to the introduction dual citizenship hasarisen as a result of massive international migration, and desire of people whomigrated from one country to another, wishing to preserve their links with thecountry of origin while at the same time, preserving their new citizenship.One may suggest that dual citizenship can be problematised as a kind ofconceptual triad or triangle. There is the country of origin, or the sending country,which sends immigrants to the host country, sometimes called the receiving country. And this is the case of dual citizenship that is observed in such countriesas the United States, United Kingdom, Canada, Germany, Sweden, Italy and many others. This is the variety of dual citizenship that political scientists aremost acquainted with.In the light of the fact that introduction of dual citizenship has been suggested asone of the mechanism for sharing the benefit of globalisation, Tanzania could optto adopt the system while at the same time examine how other countries havemanaged to handle dual citizenship and entrench it in their citizenship laws. As globalisation intensifies dual citizenship is becoming the order of the day, citizenship of a particular state is becoming less relevant. This is why there areno passport requirements for European Union citizens travelling or working withinthe European Union. Yet, there are benefits for both Tanzania and the individual, if Tanzanians were allowed to take up the citizenship of one other country whileretaining their original citizenship. This would mainly apply to Tanzanians livingabroad.They would find obliged to make remittances to Tanzania, which could substantially boost their contribution to the national economy and Tanzania‘sdevelopment. They would also have a greater sense of belonging (to Tanzania)
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33and yet retain the security they need to live abroad. This could conceivablycompel them to invest more in their country. Many Tanzanians who went abroad are now resident in Canada, Britain,Australia and the U.S.A and some of them are in better conditions economically.Some had had turn their backs on Tanzania, but with no real desire to sacrificetheir citizenship. Yet they could have had it both ways, if dual citizenship wererecognised and everybody would be happy.Tanzania could borrow a leaf from Ireland as there are millions of Irishmen whohave become citizens in the U.S.A, Britain and Australia and yet they keep stronglinks with their country of origin. Their contribution, in patriotically driveninvestment, has made a substantial contribution to making the Republic ofIreland Europe's fastest-growing economy today.7.0RATIONALE OF THE PROJECTBasing on the three principal objectives of the National Development Vision, 2025, whichare among others to develop and build a strong, resilient and competitive economy thatcan effectively withstand global competition, the Commission acknowledges that there isan ever-increasing need for recognition of dual citizenship in Tanzania and urge for legalreform on the Citizenship and Immigration laws.This recognition would make Tanzania‘s economy to become competitive in the regionaland world markets, with the capacity to articulate and promote national interests and toadjust quickly to regional and global market shifts. In this regard, the Commissionproposes to make critical analysis of the major issues which influence the direction andsubstance of citizenship laws and evaluate which one of them should be given moreweight in deciding whether or no Tanzania should adopt dual citizenship. The criteria tobe examined are economic issues, security, allegiances, ethnicity, social and culturalissues.The Commission will also address public perception on dual citizenship and analysesthe harm if any to the country and individuals in case dual citizenship is adopted inTanzania.
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34The importance of dual citizenship in Tanzania is self-evident taking into account thecurrent growth of international and regional integration. As explained earlier, due toglobalisation where people can invest anywhere and make business transaction with anycountry, people need easy access within the economic region and the whole world atlarge. Therefore, by introducing dual citizenship in Tanzania might increase the country‘saccess to international resources in a manner that protects the national security while atthe same time cherishing the ethnicity, culture and allegiance of its nationals both athome and abroad. Basing on the mandates conferred to the Commission, the Commission will finally comeout with recommendations to the Government on the way forward after analyising themerits, demerits and possible risks of recognising dual citizenship in our laws. TheCommission will also propose for the simplified and clear legal framework so as to meetthe growing socio-economic and political demands for dual citizenship in the world andTanzania in particular.The Commission will have the task to address the following issues to all stakeholdersduring the process of undertaking the project: -a) Whether there were justifiable reasons of proscribing dual citizenship system inTanzanian legislation, and whether they are still valid today and whether theycan be accommodated together with the existence of dual citizenship, b) Whether there would be any impact in the spheres of the economy, security,allegiance, culture, social and ethnicity in case dual citizenship is enshrined inTanzanian citizenship and immigration laws,c) Whether there are specific and direct advantages to the country, and individualTanzanians in particular by introducing the concept of dual citizenship in ourcountry and to what extent, d) Whether there are possible risks which have to be specifically identified andsuggest ways by which to restrict their impact during the process of formulationof legal frame work concerning the subject matter,e) What is the approximate number of the Tanzanians who are living abroad andwhat is the extent of their remittances or contributions to the economy ofTanzania,
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35f) What is the approximate number of the Tanzanians who are living abroad whohad to renounce their Tanzanian citizenship and reasons for doing so. 8.0CONCLUSIONFrom the above, one may conclude that allowing dual citizenship to compatriots living abroad would be of great benefit to Tanzania and it is necessary in enhancing individual‘s interest. However, Tanzania seeks to realise patriotism, nationalism andstrengthen national cohesion of all the people in society, taking into consideration current economic and political environment and other relevant factors.Thus, adoption of dual citizenship should be subject to the current economic and politicalenvironment, as mentioned above, and should no longer be delayed. Nowadays moreand more countries are allowing dual citizenship. It is time for Tanzania to removeunreasonable restriction on its citizens and by viewing dual citizens as double agents orpeople who have double personality.Currently, some of Tanzanians who went abroad are in a better position to help theircountry. A substantial number of them have made strides in socio-economicdevelopment than they were able to do in the past. There is one hitch, however.Practically most of them had acquired new citizenship in their countries of forcedadoption. While many of their new home countries, such as the U.S.A and Canada,allow dual citizenship, Tanzania does not. This does not encourage the ex-Tanzaniansto come and invest in their land of birth if this would mean that, they must first renouncethe citizenship of the countries that took them in at the time of greatest need andnurtured them into prosperity.It is really a matter of prudent choice for Tanzania between two alternatives. Either tocontinue with the one-track minded denial of dual citizenship, or to embrace the changesthat time and increasing globalisation are forcing upon nations, including acceptance ofthe concept of dual citizenshipThe Commission will have to make a thorough review of the concept of dual citizenship.This review should, firstly cover countries which recognises dual citizenship, particularly African countries to see how the system is are they working, what problems are they
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36have encountered and possible dangers to be avoided when introducing the system bycollecting views form the public concerning the subject matter, especially their attitudeabout dual citizenship and if it would be proper for Tanzania to introduce dualcitizenship. Finally, the discussion paper will incorporate opinions of all stakeholders andthe Commission‘s recommendations concerning possibility of introducing dualcitizenship in Tanzania will then be prepared for Government‘s consideration. Togetherwith this paper, attached the planning base of the whole project as Appendix 2.
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37REFERENCESBOOKSUnited States Office of Personnel Management Investigations Service, —Citizenship Laws of the World“, IS-1, March 2001. ARTICLESKarl Lyimo, The Case for Dual Citizenship in Modern-Day Tanzania, ”Duality is a Lifeline inTimes of Uncertainty‘ Friday,‘ September 05, 2003, © 2002 Business Times Limited.Kenichi Ohmae, —The Borderless World and The Invisible Continent: Four Strategic Imperativesof the New Economy“.Spiro, Peter J. —Dual Nationality: Unobjectionable and Unstoppable and the Meaning ofCitizenship,“ 46 Emory L.J. 1411, 1997Tomasi —Contemporary Challenges and Future Directions,“ 1998,PAPERSLRCT, the Draft Idea Paper, —The Introduction of Dual Citizenship in Tanzania“, DSM, 2004. WEBSITE MATERIALShttp://home.att.net/asenta/breaking_news.htmlhttp://www.bhootan.org/amnesty/amnesty_09012000.htmhttp://www.immigration.com/newsletter1/dualpio.htmlhttp://www. parentnetsweden.com/Infopages/Resourses/Immigration_directory/Dual.htmhttp://www.usa.or.th/services/visa/acs/Dual_Nationality.htmhttp://www.usvisanews.com/memo1051.htmlhttp://www.wikipedia.org/wiki/Jus_ sanguinis [ame]http://www.wikipedia.org/wiki/Jus_soliCASESKawakita[/ame] v. U.S., 343 U.S. 717 (1952)Mandeli v. Acheson, 344 U.S. 133 (1952).
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38Vance v. Terrazas, 444 U.S. 252 (1980). LEGISLATIONSGhana Nationality Act No. 361 of 1971. Indian Citizenship (Amendment) Bill of 2003.Immigration and Nationality Act [8 U.S.C 1481(a)(1)]. Mali Code of Nationality of 1995, Regulation No.95-098 of 1995. South African Citizenship Act of 1949 Tanzania Citizenship Act, No. 6 of 1995. U.S. A Department of State Regulation on Dual Citizenship (7 FM 1162)U.S.A Immigration and Nationality Act [8 U.S.C 1185]
 
Uraia wa nchi mbili siyo tu kuwa unawafaidisha watanzania walioko nchi za nje, vile vile unawavutia raia wa kutoka nchi za nje kuja kuwa watanzania. Hapa ndipo tunapoweza kupata wawekezaji wa nguvu kuliko hawa tunaowatafuta kwa udi na uvunba na kuwaruhusu wachukue raslimali zetu bila kulipa hata kodi. Kumbukeni kuwa wawekezaji wanajisikia vizuri kuwa vitega uchumi vyao viko salama iwapo wanajua kuwa wana sauti serikalini. Kwa hiyo wawekezaji tunaowatafuta watajileta wenyewe kwanza kwa kuomba uraia halafu ndipo wawekeze wakijua kuwa wanaweza kukemea serikali ikifanya maamuzi yanayohatarisha vitega uchumi vyake. Watu hawa watalipa kodi kama raia wengine bila kupata tax holiday wala upendeleo wowote.
 
Uraia msingi wake ni nini? Nyerere aliseme "Loyalty to the country" wenzangu mnafikiri msingi wa uraia ni nini?

Kama msingi wake ndio huo, basi tuwavue uraia au tuwanyang'anye kwa muda faida zake akina Balali, Mahalu na wengine wote wanaoipora na walioipora Tanzania kwa sababu wameukiuka msingi...
 
Mwanakijiji nani alisema kwamba definition au mawazo ya Nyerere daima yatakuwa sahihi?

Kisura, naheshimu sana uhuru wako wa kutoa mawazo na kama muungwana Mwnakjj alivyoainisha kwenye mtundiko wake mwingine, tunaweza kukubaliana kutokubaliana. na nitaheshimu uhuru wako-daima. Ndo JF hiyo where we dare talk openly.

Honestly, mi naomba unipe sababu kubwa kwa nini unapinga uraia wa nchi mbili zaidi ya hizi non-existent reasons za maslahi ya taifa? ambazo wanasiasa wamezitumia miaka yote kutukandimiza kwenye lindi la umaskini? Maslahi ya taifa ni yapi? nani anayasimamia? Hao wageni unaowasema kuja kutuibia, kama ni kuja walishakuja na kuiba na wanaendelea kuiba saana tuu. Mimi ninachokiona humu ni kwamba wenye nacho hawataki wengine wapate. Acheni watu watafute pande zote za dunia from Belize to Singapore.

Na ninakuhakikishia siyo kila aliyeko nje anataka kuishi huko daima, wengi wangependa kuja nyumbani wafanye mambo yao kama ni kuwekeza au mengineyo. Wewe unafikiria Green Card au passport, watu wanaamua kuchukua hizi documents kurahisisha maisha yao, kwa sababu raia wenzetu walio kabidhiwa ridhaa ya kutuongoza ni wanafiki na wazandiki. Sio kila mtu atakuwa mwanasiasa, wengi wangependa wanasiasa watengeneze mazingira bora kwa kila mtanzania/mtafutaji afanikiwe na si vinginevyo.

Narudia tena, hili swala linawagusa wenzetu walioko nje na ndani ya nchi na kama jamaa alivyosema hapo juu, uraia ni haki ya msingi na kinachoendelea hapa, hii hoja inahujumiwa na watu wachache wanaofikira maslahi ya mda mfupi kwa kuogopa kwamba watapata competetion kutoka kwa "wasomi huko nje". As I said sihitaji uraia wa nchi mbili, personally, ila naamini hata nisipo faidika mimi vizazi vijavyo vitafaidika na ndo maana serikali imegundua kwamba hii sera haimsaidii yeyote! Ndo maana Membe hatimaye amelikubali hili. After all si mara mia wangetuibia watanzania wenye dual citizenship kuliko hawa wenzetu wenye asili ya kihindi na kizunngu wanaochukua kidogo tulichonacho kupeleka kwao?

Bwana kwangu mimi as long as kitu kitamsaidia mtanzania mwenzangu hata kama hakitanisaidia, Tuache kimsaidie! Tuache unafiki wa kuimba maslahi ya taifa kumbe ni maslahi ya Lowassa na wenzake wachache.

Mimi hao wageni wala siwalaumu! Wa kulaumiwa ni CCM wanao-facilitate huo uporaji. Bila wenyeji kuwasaidia hao wageni wala wasingetanua kama wafanyavyo sasa.
 
Masanja, nioneshe Mtanzania mwenye mawazo yanayokaribiana n nyerere kwa uzito wa hoja zake na umakini wa fikara zake. Niambie wewe msingi wa uraia uwe ni nini zaidi ya utii kwa nchi?

Hey mimi sio Masanja (lol kabla hujanizodoa)....hata kama hoja zake zilikuwa nzito na fikara zake kuwa makini haina maana kila kitu alichosema kilikuwa sahihi au kitakuwa sahihi milele. Pia utii wa nchi yako si msingi pekee wa uraia. Upendo ni msingi mkubwa pia....and I can expound on that if necessary....thanks.
 
Masanja, nioneshe Mtanzania mwenye mawazo yanayokaribiana n nyerere kwa uzito wa hoja zake na umakini wa fikara zake. Niambie wewe msingi wa uraia uwe ni nini zaidi ya utii kwa nchi?

Kumbuka wananchi kwa sasa hatusikilizwi na viongozi wetu kwa sababu ya siasa na uongozi wa JKN. Nafikiri unakumbuka enzi za ZIDUMU FIKRA SAHIHI ZA MWKT WA CCM!!! Yeye peke yake alikuwa na uwezo wa kufiri wengine wote walikuwa watekelezaji!!!!
 
Nyani umesoma hiyo hotuba ya Nyerere kuhusu "kanuni za uraia"? Hakuna mtu anayesema kuwa kila alichokisema kilikuwa sahihi, but I'll tell you this, he knew what he was talking about na aliongozwa na principles. Ni nani kati ya viongozi tulionao anaweza kusema anaongozwa na fikra fulani?

Hivi katika uwekezaji wa sasa hivi ni kina nani wanawekeza zaidi kwa urahisi na wanafaidika zaidi? Wageni au wazalendo? Sasa kama Mtanzania ana uraia wa Marekani akitaka kuwekeza Tanzania kama mgeni si atafaidika zaidi kuliko akijaribu kuwekeza kama Mtanzania? KUna sababu moja tu ambayo inanifanya niunge mkono wazo la kuruhusu uwezekano wa mtu kuwa na uraia wa nchi zaidi ya moja na nimelichambua kwa kina wazo hilo kwenye matangazo ya leo hapa KLH News.
 
Kwangu mimi ni bora afaidike Mtanzania mwenye uraia wa Marekani kuliko Mwarabu wa kutoka Imarati. Mtanzania mwenye uraia wa Marekani mara tisa kati ya kumi atakuwa na ndugu nchini ambao kwa kufaidika kwake yeye ataweza kuwasaidia wale wenye kuhitaji msaada. Lakini Mwarabu wa Imarati atakumbuka nduguze walioko huko Imarati!!!

Iddi Simba alikuwa au bado anaongozwa na fikra za uzawa...
 
hata India,ipo wizara maalum inayo dili na waindia waishio nje,lakini kubwa zaidi kaka Yakubu,Si Membe wa Member anayeza kuleta uraia wa nchi mbili,viongozi wetu wazugaji,ngoja ifikie wakati wa uchaguzi utayasikia ya uraia wa nchi mbili yanaibuka.Jiulize wao wakupe wewe urai wa nchi mbili kwa lipi?wengi wenu ma-cuf,halafu mlete siasa za kuiondoa ccm madarakani!!!CCM kwa hilo hawapo tayari
 
Katika sheria ya kimataifa mtu hazuiwi kuwa a pasi mbili za kusafiria(kihalali). Bila kuelezea uraia wa nchi mbili unapatikanaje(kuzingatia kila mtu hapa anaelewa) nataka kuelezea jinsi nielewavyo,faida ya kuwa na pasi mbili za kusafiria.

Baadhi ya nchi ikiwemo Tanzania zimekuwa hazipendelei suala hili na kuchukua tahadhari kuzuia hali hii. Nchi zingine kama Japan, mtu huweza hata kuadhibiwa kwa kuukana uraia wa Japan na kuwa raia wa nchi ingine. Hata hivyo tangu nchi nyingi huamua zenyewe kuhusu raia wake, hiyo ipo kutokana na sheria ambazo nchi kama Tanzania imeweka na ndio maana inabidi ipeleke bungeni. Lakini inawezekana kabisa mtu kukubaliwa kuwa na pasi mbili za kusafiria hata kama nchi zetu zinazuia.

Kuna faida za kuwa na pasi mbili:

1.Kunaongeza mianya ya uwekezaji na ushindani wa biashara baina na wananchi,kufanya biashara na kujenga mahusiano duniani(globally) Kuna baadhi ya nchi zimechukua hatua kuruhusu suala hili ikiwemo India(kwa muda maalum) na Australia tangu mwaka 2002.

2. Kuwa na haki ya kupata ardhi au makazi katika pande zote Ughaibuni na Bongoland. Mtu anaweza kuwa na biashara zake katika nchi mbili na kulipa kodi pamoja na kupata faida ya biashara katika sehemu zote mbili kuzingatia anafanya biashara halali na inayotambulika na kuweza kuneemesha familia (kama familia za wanaofaidi kwa sasa) na jamii kwa ujumla(kama biashara inaajiri)

3. Kuna faida zingine kama ajira,nafasi ya elimu,huduma za afya (hii ni Ulaya tu na labda nchi za Kusini kama Afrika Kusini)

Hata hivo kuwa na pasi mbili kunamfanya mhusika awe mwangalifu na masuala kama sheria ambapo kama umefanya kosa Tanzania na umekimbilia nchi ambayo una pasi yake, unaweza usikubaliwe kupewa msaada wa kisheria! wenye utaalam, hasa kama kesi yako ni ya kughushi mamilioni au mauaji na madubwana mengine.

Athari zingine za kuwa na pasi mbili ni pamoja na :
1. Usalama,pale ambapo kama anaebeba pasi mbili ana shughuli za kisiri zinazohatarisha usalama wa Taifa au raia wake kwa kutegemea utatumia moja ya pasi kutoroka.Pia kama mhusika ni gaidi pia inaweza iwepo hali ya kusigana kisheria kuhusu kupatikana kwa raia huyo ukizingatia kwamba magaidi wengi waliokamatwa miaka ya karibuni wengi wao wamekutwa na pasi mbili za kusafiria.

2. Yupi unafuata? Anold Schwarznegger bado ana uraia wa Austria ingawa pia ana uraia wa Marekani, kwa hio unaweza kuonekana kwa pande mbili za shilingi!

3. Suala la kodi,inawezekana kabisa ukawa unalipa kodi zaidi. Nchi inaweza kutathmini ni vipi ikulime kodi kupitia njia kama:

Ukaazi au uraia,mtu yeyote kama analipa kodi(si wote kwa Tanzania) basi na wewe itabidi ulipe bila kujali pasi zako mbili na pia kama una biashara zako sehemu zote mbili itabidi ulipe sehemu zote.
Kwa mfano kama una ‘mkoba' wa Tanzania na UK na unafanya kazi UK, basi unalipa kodi UK kama kawaida na kama Tanzania itapitisha sheria (au kama ipo) kwamba ulipe kodi kama raia itabidi ulipe kodi kama raia wa Tanzania.

Hili suala la kodi ndilo inabidi liangaliwe kwa makini na Bunge na Raisi (tukumbuke Raisi anaweza kurudisha mswaada bungeni)

Kuna mambo mengine kama kudhibiti safari kwa mhusika mwenye pasi mbili,kulingana na tabia ya mhusika anapokuwa katika moja ya nchi husika, na suala la vita. Inapotokea vita (siombi itokee,Mungu ibariki Tanzania) suala hili linasumbua vichwa vya watu wanaoshikilia mipaka na viwanja vya ndege. Kama ni askari wa serikali au waasi, inawezekana kumlazimisha mwenye pasi mbili kuuukana uraia wa nchi moja (hasa isiyo yake kwa kuzaliwa) ili abaki palepale penye vita!

Mwisho, ikumbukwe kwa tokea matukio ya ugaidi ya september 2001, nchi nyingi Duniani (zilizoendelea) zimekuwa zikibadilisha sheria zake kuhusiana na 'Dual Citizenship'. Hivo wanaopigia debe suala hili waangalie kwa makini maeneo mengi tu kama kutumia majina tofauti katika pasi hizo mbili. Mtu huwezi kuwa na pasi ya Tanzania yenye jina lingine na kutumia pasi ya UK au US kwa jina lingine,itabidi uwekewe alama ya kuuliza.

Naomba kutoa hoja.
 
Lete evidence....

Katiba ya India hairuhusu dual citizenship. Hata hivyo bunge lao lilitunga sheria ya kuruhusu "Overseas Citizens of India" (OCI). Hawa ni wale wanaotoka kwenye nchi zenye kuruhusu dual citizenship. Sheria hiyo haimpi mtu huyo OCI haki aliyonayo raia wa india, kama kupiga kura n.k Sheria hiyo inatambua wananchi wenye kuweza kupata haki hiyo kutoka mataifa 16 tu ambayo ni Marekani, Uingereza, Canada, Australia , Finland , Ireland , Italia , Netherlands , Israel , New Zealand , Cyprus, Sweden , Uswisi , Ufaransa, Ugiriki na Ureno. (hakuna nchi ya Kiafrika).

Sheria hiyo haimpi haki sawa katika ajira za umma raia wa nje wa India na haimpi haki ya kuwa mbunge au kuweza kuwa Rais.

Thanks.
 
Thanks but I wanted Bi. Thumni to bring it. But good looking out for her/ him....
 
Lakini pia unaweza kunielewesha kuhusu link hii ingine inaonekana kama wameruhusu lakini kwa kuzingatia niliooleza hapo awali bado serikali yetu haipaswi kuchukulia suala hili kiurahisi.

Dual Citizenship for Indian Nationals

22 December 2003

The Indian Parliament has recently passed a Bill granting the possibility of dual citizenship to individuals of Indian origin. The Citizenship Bill (Amended) was passed, however, the specific regulations and requirements are still being decided.

The Bill lays out the definition of an "overseas citizen of India" as follows:

  • the individual must be of Indian origin and a citizen of a different specified country,
  • OR the individual was a citizen of India immediately before becoming a citizen of a specified country and is registered as an overseas citizen of India by the Central Government.
  • the overseas citizen will not enjoy rights of a citizen of India and will not have the right to equal opportunity employment in public positions, will not have voting rights, etc.
In addition to overseas citizenship, the Bill has a section on the issuance of national identity cards, which states that the Government may register every citizen of India and issue national identity cards. The Government is also allowed to maintain a National Register of Indian Citizens and establish a National Registration Authority for this purpose.

On the other hand, the new law will help to facilitate such processes as:


  • re-acquiring Indian citizenship by adults who are children of Indian citizens and former Indian citizens.
  • the bill allows for the grant of overseas citizenship of India to persons of Indian origin living in 16 specified countries and Indian citizens who choose to acquire citizenship of any of these countries at a later date.
Among the 16 countries, the United States tops the list with the highest number of people of Indian origin, followed closely by the United Kingdom and Canada.

The other 14 specified countries are: Australia, Cyprus, Finland, France, Greece, Ireland, Israel, Italy, Netherlands, New Zealand, Portugal, Sweden, and Switzerland.

An estimated 10 to 25 per cent of the total amount of Indian nationals living in those specified countries would be eligible to apply for overseas citizenship. The Indian Government is currently working on finalising the application form, as well as determining the procedure and costs involved. The fees are expected to be reasonable.

This new law will also make the acquisition of Indian citizenship naturalization more stringent and will prevent illegal immigrants from becoming eligible for Indian citizenship.

For those who hold foreign passports, the grant of dual citizenship will help to ease travel to and from India.

The Government believes that the option of dual citizenship will improve cooperation between India and these economically more advanced countries in terms of investments and the exchange of skills and expertise. The possibility of dual citizenship will also assist in establishing links to India for younger Indian nationals living overseas who may not have as strong of ties to their homeland.


Source: workpermit.com
 
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