Understanding dual citizenship
Published On January 13, 2016 » 16201 Views» By Bennet Simbeye » Features
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By MOSES KABAILA JR

•IF one is a dual citizen, they enjoy the protection of two governments, and when traveling, they can appeal to one or both governments’ embassies if they encounter problems.

•IF one is a dual citizen, they enjoy the protection of two governments, and when traveling, they can appeal to one or both governments’ embassies if they encounter problems.

BEFORE and after the amended Constitution came into force, there were a lot of opinions surrounding different submissions made towards the amendment and one of these was the dual citizenship clause.
Other scorching issues were the 50-plus-one clause and the running mate provision.
When President Edgar Lungu finally granted the Zambian people their wish of a people-driven Constitution, it was a joyous day for Zambians both at home and those living in the Diaspora.
However, as much as most people got excited, not everyone understands the meaning of these amendments in their entirety.
There have been so many views and analyses that have sometimes left more questions than answers to  the discussants – as one person living in Australia made her opinion known by questioning if her children who were born in the Diaspora will now automatically become Zambians.
Even though people are genuinely appreciative of the people-driven Constitution and its amendments, they are yet to fully understand what these amendments mean and what they have in store for them.
Stakeholders have done their sensitisations, including the media, which has tried to explain these amended clauses.
In a little more depth, it will not do harm to add to these explanations and show why these issues are important and why they have come at a time like this.
Of the more than 190 countries in the world, Zambia has joined over 60 countries which allow dual citizenship. Most of these countries are developed nations which have seen the benefit of this provision.
Some of these countries include the United States of America, the United Kingdom, New Zealand, Germany and African countries like Ghana and neighbouring Angola.
Dual citizenship, also called multiple citizenship or multiple nationality, is a person’s citizenship status  in which he or she is concurrently regarded as a citizen of more than one country under the laws of those states.
It also refers to the possession of two or more nationalities by one person. This means that you may have acquired one either by birth or descent and the other by choice.
Multiple citizenship arises because different countries use different  and not necessarily mutually exclusive criteria for citizenship.
Most countries that permit dual citizenship  may still not recognise the other citizenship of its nationals within its own territory, for example in relation to entry into the country or duty, among others.
To become a Zambian citizen, one has to meet certain requirements as has always been enshrined in the Zambian Constitution.
For example, Part IV of the Amended Constitution under Citizenship says; A person who was a citizen of Zambia, immediately before the commencement of this Constitution, shall continue to be a citizen of Zambia and shall retain the same citizenship category from the date the citizenship was acquired.

Other standard requirements of the amended Constitution for being a Zambian citizen are;
*Citizenship by descent: This means that citizenship can be traced through one’s parents. Citizenship may also be acquired by birth, registration or adoption in accordance with this Part.
* Citizenship by birth: Where a person is born in Zambia, they automatically become Zambians by birth if, at the date of that person’s birth at least, one parent of that person is or was a Zambian citizen.
The Zambian Constitution further states that a child found in Zambia who is, or appears to be of not more than eight years of age and whose nationality and parents are not known, shall be presumed to be a citizen by birth.
There is also  an interesting provision that if a person is born aboard a registered ship or aircraft of a country, they shall be deemed to have been born in the country of registration of the ship or aircraft; or an unregistered ship or aircraft of a country, shall be deemed to have been born in that country.
* A person born outside Zambia is a citizen by descent if, at the date of that person’s birth, at least one parent of that person is or was a citizen by birth or descent.
For those who wish to become Zambian citizens, the Constitution has entitled them to apply to the Citizenship Board of Zambia to be registered as a citizen if they have attained the age of eighteen years and were born in Zambia and have been ordinarily resident in Zambia for a period of at least five years.
Those  born outside Zambia on the other hand, have or had an ancestor who is, or was, a citizen and has been ordinarily resident in Zambia for a period of at least five years; or have been ordinarily resident in Zambia for a continuous period of at least ten years; immediately preceding that person’s application for registration, as Prescribed.
Notwithstanding the clause that a person who is, or was married to a Zambian citizen, for a period of at least five years, is entitled to apply to the Citizenship Board of Zambia, to be registered as a citizen under citizenship by marriage.
*  Citizenship by Adoption: A child who is not a citizen and who is adopted by a citizen shall be a citizen on the date of the adoption.
In the old Constitution, if a Zambian citizen wished to, or acquired other citizenship of another country; they had to renounce their Zambian citizenship.
However, in the amended Constitution, as submitted by the Zambian people,  Article 39 under Clause 1, has brought new hope by stating that; A citizen shall now not lose their Zambian citizenship by acquiring the citizenship of another country.
This is a progressive move, especially to those people or citizens who ceased to be Zambian citizens before the commencement of this Constitution as a result of acquiring the citizenship of another country.
They are now entitled to apply as prescribed, to the Citizenship Board of Zambia, for citizenship and the Citizenship Board of Zambia shall bestow citizenship on them.
This makes most people living in the Diaspora qualified to be called dual citizens.  The pressing reason for dual citizenship is that it brings more advantages than disadvantages. Dual citizens enjoy certain benefits, such as the ability to live and work freely in two countries, own property in both, and travel between the countries with relative ease.
Though there are drawbacks like the potential for double taxation and the fact that one becomes bound by the laws of two nations and the fact that some international laws restrain the exercise of dual citizenship, cannot supersede the benefits of being a dual citizen.
It is against this thought that Zambians felt it was important to include the submission of dual citizenship in the Amended Constitution.
Dual citizens receive the benefits and privileges offered by each country to its citizens where they belong such as access to two social service systems. People  can vote in either country and may be able to run for office in either country (depending on each country’s laws).
Citizens are also allowed to work in either country without needing a work permit or visa and can attend school in either country at the citizen tuition rate.
As a dual citizen, one is allowed to carry passports from both countries. For example, if one is a Zambian citizen and also a citizen of the US they can travel more easily between the two countries; having a citizen’s passport eliminates the need for long-stay visas and questioning about the purpose of your trip.
It also guarantees right of entry to both countries, which can be, especially important if one has a family to visit, is a student or doing business in either country.
Most Zambians living in the Diaspora have been skeptical with investing back home, however, the dual citizenship status means that they will now have access to property ownership and other development activities  including the purchase of land as they will still be Zambians even after acquiring other nationalities. They can also do this in either country.
If one travels frequently between the two countries, their dual citizenship status might be especially useful since property ownership might offer a more economical (and comfortable) way to live in two places.
Having dual citizenship will give Zambians by birth the chance to educate others in the Diaspora about the culture and people and also the tourism potential of Zambia. Dual citizenship helps to promote a country’s image and culture abroad. If one has two passports, they may have more access to the world.
According to research, dual citizens may carry two passports and therefore feel reassured that they belong and are welcome in both countries. Though one country may be a homeland and the other a new home, dual citizens get to fully experience and embrace the ideals of both. Dual citizenship can strengthen loyalty — both political and cultural — to the second country by making dual citizens feel welcome and accepted.
If one is a dual citizen, they enjoy the protection of two governments. When traveling, they can appeal to one or both governments’ embassies if they have problems. When asked for identification during international travels, they can supply the passport that is least likely to raise eyebrows or cause problems among officials.
They can also travel to both countries as a native citizen, avoiding the lengthy airport queues and questioning about one’s purposes.
Now who can not love to have such citizenship?

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