Dual citizenship – Healing displacement traumas

“This country is your country, and anyone who wants to come to re-establish, connect with us here, is welcome,”

 President Nana Akufo-Addo, 2021

By: Thelma Nyarhi

Migration is not only a socioeconomic phenomenon but like many, is entrapped in politics. Whether it is related to mobility, access, or identity, it intersects with broader global issues. Drawing from the realisation of politics of mobility, debates around passport privileges are occasioned debate. Ghana is no exception. Ghana, a key historically transit point for slave transportation, has in recent years felt the responsibility of accommodating the displaced. As long as one can trace their ancestry back to Africa, President Nana Akufo-Addo welcomed all the displaced people into the country with open arms. The return migration initiative is aimed at boosting not only the international image of the country but also its economy and tourism.

With a growing interest amongst Americans and/or Europeans with potential African traces, it has become the destination choice by many international celebrities. Whether instrumentally or non-instrumentally motivated, citizenship plays a huge role in enabling membership access in the state. Membership comes with many socioeconomic benefits within the state, which can transcend land and property ownership. Like any country, membership is globally determined by a passport and different levels of access are afforded through it. The battle of passports has been an ongoing crisis where individuals are occasionally reminded of some passports having greater mobility access over others. This has prompted the masses to adopt identity plurality in the case of dual citizenship. Although offering promise of ease of access and mobility, it still poses friction between states of birth and the naturalization of individuals.

Dual citizenship has had historical disfavour and has recently become a topic of political contestation. According to the Citizenship Act 2000 of Ghana, it is defined under Section 16(1) as being the ability to hold citizenship of another country in addition to the Ghanaian citizenship. Although beneficial for mobility access, holders have been excluded from certain public activities.  States have been apprehensive with the idea of dual citizens taking up public offices. The allegiance of dual citizens has been constantly questioned. Distrust has occasioned the minds of many in state administrative positions. What many may deem as a blessing and human right, has over the years raised questions about the reasons for multiple state affiliations. Whether granted as an attempt to encourage return migration, the accessibility of the dual citizen is rather constricted. With the spread of globalization, continued technological advancements, and recognition of rights to autonomy, there has been a growing tolerance for dual citizen activities. According to the recent 2023 survey round by Afrobarometer, approximately 84% of the surveyed sample mentioned being seen as Ghanaian citizens by other nationals. Although based on subjective perception, we can still draw confidence in knowing that the majority, has a sense of identity and belonging to the state. This can be applied even to those within the diasporic dual citizens seeking solace and a sense of belonging in Ghana. But what makes one a citizen?

Dual Citizenship marginality

According to the Ghanaian 2000 Citizenship Act, an individual is deemed a citizen through birth, naturalization and approved registration by the President. Regarding Dual Citizenship, however, citizens are allowed to hold more than one citizenship but may, according to Section 16(2)(a-l)  of the Citizenship Act 2000 not qualify for example, the appointment into the Chief Justice and Justices of the Supreme Court; State security (Colonel, Director General of Prison Service, Inspector, Service Chief, etc.); Commissioner and any other public office that may enable the individual to be involved in legislative prescriptions. Three prominent cases come to mind.

James Gyakye Quayson, a Member of Parliament (MP) for the Assin North constituency under the National Democracy Congress (NDC), Dorcas Affo-Toffey, the MP for Jomoro, and Professor Richard Frimpong Oppong, a Supreme Court nominee all faced scrutiny in 2021, 2020 and 2024 respectively because of their dual citizenship. This shows the complexities surrounding dual citizenship within the country’s socioeconomic and political systems. These Act prescriptions have been contested by many and argued to be unconstitutional and exclusionary to the dual citizen holders. Many have called for a repeal of the law and argued for dual citizens to be allowed a chance to become Members of Parliaments or hold other public office positions. While many argue that a repeal of the law would ideally contribute towards inclusive governance advocacy and diasporic investments which may yield socioeconomic benefits e.g. remittances, others have argued otherwise.

Towards a brighter future

As a benefit of globalization, dual citizenship holders have been exposed to different societies and gained skills and valuable perspectives pertaining to varied phenomena through their social interactions. It is with this that they may benefit their countries of birth or naturalization; however, others have criminalized their identities. With the growing distrust and paranoia, dual citizens remain marginalized in both areas where they hold citizenship. This essentially affects their sense of belonging as well as access. Although citizenship status comes with a set of human rights, dual citizenship is rather limited in that instance. With this, the Constitutional and Legal Affairs Committee of Parliament in the year 2021, recommended the bill of amendment that seeks to allow dual citizens to hold public offices, including becoming Members of Parliament.

The bill which had been introduced in Parliament had also recognised the significant contributions of the diasporic communities to the national progress and that the rights to vote also coexisted with the right to be voted for. They therefore called for the removal of the dual citizen restrictions for the state benefit in the acquisition of knowledge, skills and global competence assumed by dual citizens. Early this year, the Supreme Court of Ghana ruled against Section 16(2), which barred dual citizens from attaining any public office positions. A similar case is that of Liberia, which has also amended the constitution to allow dual citizens a chance to remain citizens and enjoy citizen benefits despite having acquired a second nationality. Some have called this move hypocritical considering dual citizenry is a common element for the elite.  However, the decision further strengthens the interconnectivity and global citizenry amongst individuals.

Recommendations and Opportunities

Unlike past contestations that saw dual citizenry as a medium that erases solidarity, true allegiance and equality, it should be seen as an opportunity to grow, develop and form relations with other countries. The decision by the Supreme Court of Ghana comes at an opportune time with Presidential elections approaching and scheduled for the 7^th of December. Although many may still be wary of the involvement of dual citizens in politics or legal systems, as in the case of one of the President’s Supreme Court nominees, Prof. Oppong, there is still great value in involving them in state systems. Despite bringing their broader cultural experience, they bring to the table varied knowledge systems, skills, enhanced economic opportunities for locals through their remittances,

Conclusion

Migration invites conversations that transcend the socioeconomic sphere to incorporate the political. Through it, questions of identity and duality surface. In the case of dual citizenship states have, for the longest time, been apprehensive about the activity and involvement of such individuals in state affairs. Although raffling feathers for many, the varied cultural exposure dual citizens assume can be instrumental to the state’s growth, expansion and development.

Thelma Nyarhi is a researcher at the Democracy Development Program (DDP) and writes in her own capacity