Questionable Conduct: The Jamaican Political Reality

It must be noteworthy that the editors of two Jamaican newspapers have echoed the call for Members of Parliament to declare their citizenship status. From as early as September 13, 2007 the Sunday Herald wrote: “The Jamaican Constitution is very clear regarding who can be elected to the House of Representatives or be appointed to the Senate. No person shall be qualified to be appointed as a senator or elected as a member of the House of Representatives who by virtue of his own act acquires citizenship of a foreign power. The legal issues aside, on what grounds are persons who are citizens of another country allowed to sit in our parliament and make laws, which we are obliged to obey? Such persons can catch the next plane and go home if anything goes wrong without being accountable. Additionally, is it right for tax dollars to be used to pay members of Parliament who are foreigners? And is it not dishonest for persons whether representing the People’s National Party or the Jamaica Labo...

Consternation : Some amount of consternation has been generated by the treatment of “Commonwealth Citizens. Of particular concern is the concluding comment that: “If an adult Jamaican citizen by virtue of his own act acquires the nationality of another state – be it Commonwealth or otherwise – he is disqualified. However an adult Commonwealth citizen living in Jamaica for a year satisfies the condition of Section 39 whether or not he acquires Jamaican citizenship.” The consternation lies with adult Jamaican who have acquired citizenship of other Commonwealth countries – for example Britain , Canada , Barbados and Grenada to mention a few. Some have lived and studied in the respective territories and being duly qualified were successful in their application. Others found it necessary to take out some “insurance” in the heady days of the ideological 70’s. Indeed, there was the belief that citizenship in other Commonwealth territories meant that as a “Commonwealth Citizen” – albeit ...

“Commonwealth” not “Foreign” Some proponents of the view that Commonwealth states are not included in the term “foreign Power or State” seek to advance the following:  Chapter II of the Constitution of Jamaica deals with Citizenship. Section 12 gives the following interpretation: “Foreign country” means a country (other than the Republic of Ireland) that is not part of the Commonwealth; Hence, the term “foreign Power or State” should be construed in accordance with that of “foreign country.” As mentioned before, the proponents have yet to produce any judicial interpretation to substantiate their position. Moreover, it may be convenient to ignore that (a) the section being relied upon begins “In this Chapter – “. The interpretations are specific to Chapter II; (b) “foreign country” is not necessarily synonymous with “foreign State or Power.”  In relation to those holding Canadian, British or even Barbadian citizenship in addition to their Jamaican citizenship, it is being argued that ...

Introduction Some Jamaicans enjoy the protection and privileges of being citizens of other countries. Most are citizens of Jamaica only. Indeed many with citizenship of more than one state – and even as many as two more – have played critical roles in the development of Jamaica. In reality the Jamaican state recognizes that Jamaican citizens may be citizens of other states but does not prescribe any limitations on the number. However, the Constitution of Jamaica prescribes certain limitations on those enjoying multiple citizenship in so far as their participation in the Parliament. Such limitations – termed “qualification” and “disqualification” are specifically stated in Section 39 and Section 40 respectively. Section 39 The individuals seeking membership in the Senate and House of Representatives must be (a) a Commonwealth citizen of at least 21 years old; and (b) has been ordinarily resident in Jamaica for twelve months prior to appointment to the Senate or nomination for election t...