After lengthy arguments on the legality and legitimacy of holding the referendum on December 8, 2020, the National Elections Commission (NEC) has begun to show signs of upholding the verdict of the Supreme Court. The NEC has finally decided to decompress the condensed propositions into independent proposals, as legislated by the 54th National Legislature, to be clearly shown on the ballot paper and to be separately voted for—the proper way it should have been, in accordance with the published Official Gazette of the National Referendum.
The latest decision of the NEC is in conformity with the ruling of the Supreme Court, which says, “The Referendum cannot take place until a new Gazette, consistent with the Resolution of the Legislature, is published, logos identified for the 8 proposed amendments, and public education and awareness conducted on the proposed amendments.”
Now that there is light towards the end of the tunnel, the NEC has disclosed that Proposition One of the Referendum is to amend Article 28 of the Constitution to provide for the inalienability of the citizenship of natural born citizens of Liberia (Dual Citizenship).
Article 28 reads, “Any person, at least one of whose parents was a citizen of Liberia at the time of the person’s birth, shall be a citizen of Liberia; provided that any such person shall upon reaching maturity renounce any other citizenship acquired by virtue of one parent being a citizen of another country. No citizen of the Republic shall be deprived citizenship or nationality except as provided for by law; and no person shall be denied the right to change citizenship or nationality.”
According to the Joint Resolution of the National Legislature, Article 28 was proposed for amendment so that any person, one of whose parents is a citizen of Liberia at the time of the person’s birth, shall be a citizen of Liberia without having to decide at age 18; and also to provide for dual citizenship. In the minds of the lawmakers, this will afford the Liberian voters the opportunity to decide whether any person can be a natural born citizen of Liberia when either one of his or parents is a Liberian citizen, and whether a Liberian can hold different citizenship.
As a consequence of the civil war, hundreds of Liberians fled Liberia as refugees, assumed residency in other countries and obtained citizenship of other countries. Many obtained citizenship because that was the only way for them to get certain jobs or to enjoy certain opportunities, such as education. Most of these Liberians also had children and continue to have children, who are automatically citizens of the countries of their birth.
Whatever the circumstance of these Liberians may be, one thing certain is that their loyalty to their motherland remains unquestionable: they continue to provide support to relatives and friends and remain connected to their motherland through financial remittances. They continue to cling to the belief that they will be able to enjoy all the rights and privileges of Liberian citizenship, such as inheriting real property from their parents and being able to return to their motherland and be accepted and regarded as natural born citizens, not as foreigners.
“This amendment of the Constitution will enthuse all natural born Liberians to invest in Liberia and will give them hope of a permanent home in their motherland. It will ensure that the loyalty of these Liberians will not be questioned, but they will be prohibited from holding certain positions in the Government of Liberia,” Proposition One of the National Referendum explained.
If amended, Article 28 will read, “Any person, at least one of whose parents was a citizen of Liberia at the time of the person’s birth, shall be a natural born citizen of Liberia; a natural born citizen’s right to citizenship of Liberia is inherent and inalienable; no law shall be enacted or regulation promulgated which deprives a natural born citizen of the Republic of his/her citizenship right; and any law or regulation which alienates or deprives a natural born citizen of his/her Liberian citizenship right is null and void ab initio.
“A natural born citizen of Liberia may hold another/additional citizenship but shall not qualify for elected national or public service positions and the following appointive positions: Chief- Justice and Associate Justices of the Supreme Court of Liberia; cabinet ministers and deputy ministers; all heads of autonomous commissions, agencies and non-academic/research/scientific institutions; ambassadors extraordinary and plenipotentiaries; and Chief of Staff and Deputy Chief of Staff of the Armed Forces of Liberia.
“A Liberian with dual citizenship shall have certain rights, including the right to hold elected national or public service positions and all appointive positions if he relinquishes the other citizenship.
“The Legislature shall enact laws on the process by which natural born citizens of Liberia who have obtained additional citizenship will maintain all of the rights pertaining to their Liberian citizenship.”
If one votes “yes” for Proposition One (Dual Citizenship) on the ballot paper of the National Referendum, “It means you have agreed that a person, at least one of whose parents was a citizen at the time of the person’s birth, shall be a natural born citizen of Liberia. Such person does not have to reach the age of maturity to decide his/her citizenship. Also, you have agreed that a natural born citizen of Liberia may hold another citizenship, but shall not qualify for elected national or public service positions and the above listed appointive positions.” If one votes “No”, it means the Constitutional provision shall not change but will remain in its current form.