Dual citizenship cause dual obligations

In the globalised world of today, availability of dual citizenship in most developed countries is a common feature and Sri Lankans who have achieved distinction as well as those of the common or garden varieties, are citizens of two or even more countries.

They have to abide by the laws of countries of which they are citizens and swear allegiance to the countries concerned while also abiding by the laws of the homeland and maintaining their allegiance.

Where dual citizens are not government officials in very sensitive posts, problems do not arise but if in key posts, where confidentiality and allegiance to one country are concerned, dual citizenship may raise problems.

In Sri Lanka today, we have at least two key officials who are citizens holding dual citizenship. Defence Secretary, Gotabhaya Rajapakse, who heads the defence establishment of the country as well as Foreign Secretary Palitha Kohona are dual citizens. The Defence Secretary holds citizenship in the United States while Palitha Kohona is also a citizen of Australia. Basil Rajapakse who is a key presidential adviser is a Green Card holder of the United States as is Transport Minister Dulles Alahapperuma.

In the peculiar context in which Sri Lanka is placed now, both with regard to defence and foreign affairs, the commitments and allegiance of these officials to Sri Lanka as well as to the countries of which they have acquired citizenship are of great importance.

The importance of the United States to Sri Lanka, being the only superpower and today the country's biggest trading partner as well as in the wider context of foreign relations need hardly be stressed. The person holding the position of Defence Secretary of Sri Lanka should in no way have a bearing on the relationship between the two countries.

Right now we see a conflict of opinion which could have further ramifications emerging with Gotabhaya Rajapakse holding the appointment of Defence Secretary while also being a citizen of the United States.

The American Ambassador, Robert O'Blake in recent weeks has been reiterating in public that the existing north- east problem could not be settled through military means. He has not specifically said that the government is attempting a military solution but with such constant reiteration he is making the point indirectly.

President Rajapakse too on a few occasions has spoken of pursuing a negotiated settlement but his brother, the Defence Secretary is all gung-ho about the military operations for which he is responsible.

At a TV interview held last week with President Rajapakse, the Defence Secretary also participated along with other officials and ministers. Answering questions he said that much of the criticism made of him has been with reference to his brother, the President whereas he should be judged by his performance. He was most probably referring to the military operations under him at Mawilaru, Sampur and Vaharai, and obviously was very proud of the outcome - the LTTE having retreated. It does seem that he is pushing for a military solution.

Here we see a conflict of opinion between the US Ambassador and the Defence Secretary who is also an American citizen. It could be argued that American citizens are in no way bound by opinions of the government but these circumstances are peculiar in that Rajapakse is an American citizen representing a foreign government and is being in conflict with the opinion, if not policies, of the American government.

Perhaps there is no problem on this issue at the moment but it has the potential of blowing up which could have been easily avoided, had the post not been held by an American citizen. This becomes significant now because there is information a petition has been forwarded to the US State Department to look into the alleged human rights violations by Gotabhaya Rajapakse in view of him being a US citizen.

At the TV interview referred to earlier, Gotabhaya, answering questions blurted out that he was doing his best and if there were problems he could go back to America!

Sri Lankan citizens would certainly want a detailed explanation from him on this statement. Does it mean that if his military plans go awry, he could take the next plane to America and let Sri Lankans stew in their own juice, even though some of it maybe of his own making? Does that also mean that he cannot be held accountable for his actions, if any, and that he would fly away to the United States after his brother's term of office ends? Has Gotabhaya Rajapakse misunderstood the real meaning of the words, 'when the going gets tough, the tough get going'?

It is axiomatic among all governments that in the appointment of officials to key sensitive posts, only citizens of the country are considered. Perhaps it is unique to have a person with dual citizenship in the post of Defence Secretary.

India today has excellent relations with the United States. But would India appoint a dual citizen of America to hold the position of defence or foreign secretary? Poor Sonia Gandhi, the wife of former Prime Minister Rajiv Gandhi led the Congress Party to victory at the last general election but strong objections from her opponents that a foreigner could not be the prime minister compelled her to step back and make Manmohan Singh, the prime minister.

Mind you Sonia Gandhi is not even a dual citizen, having relinquished her Italian citizenship to become a fully fledged Indian citizen. For her, it was not a case of having one foot in India and another in Italy where she can run away to when the going gets tough as in the case during the Bofors scandal.

She did not go on national TV and say the criticism of her was with reference to her husband Rajiv Gandhi and that she could always go back to Italy. Nay, she stayed put and faced the crisis head on with her commitment towards India never in doubt.

We can see other implications ahead as well. Since the Rajapakse Administration commenced military operations late last year it has been accused of human rights violations not only by the UN but also by leading human rights organisations including those in America and the EU.

Human Rights Watch based in New York has made very serious allegations against the Sri Lanka government. Mangala Samaraweera while foreign minister had in writing drawn the President's attention to the human rights violations.

More significantly, four powerful US Senators and 38 Congressmen have in writing expressed serious concern at the human rights situation in Sri Lanka where the Defence Secretary is a US citizen. In this context, the fact that US citizens are also liable for  violation of US laws in foreign countries as well should be considered. Tamil lobbies in Canada have often protested against the appointment of retired Sri Lankan military officers as High Commissioners to Canada on the grounds of human rights violations.

Last week at a press conference Mangala Samaraweera the former minister sacked by President Rajapakse specifically accused the government of targeting the media and mentioned the name of Gotabhaya Rajapakse as being behind the move to arrest the Editor of The Sunday Leader. That was in the teeth of a ruling by the Attorney General that the arrest would be illegal and the CID officers themselves initially refusing to carry out an illegal arrest.

Samaraweera said he was taking full responsibility for accusing Gotabhaya Rajapakse as the man responsible for attempting to suppress the media. This in itself if proved correct, could be considered a violation of human rights -attempts to stifle the freedom of expression, an issue close to the heart of the United States.

At this press conference, Samaraweera and Sooriyaarachchi also announced that they would be moving a motion in parliament calling upon the Speaker W.J.M. Lokubandara to appoint a select committee to investigate the allegation that a secret agreement had been reached between President Rajapakse and the LTTE before the presidential election to defeat the UNP.

If those involved in this alleged agreement are found to be Green Card holders - it would create further complications in that the LTTE is a proscribed foreign terrorist organisation in the United States. More so if as alleged money has exchanged hands.

Quite recently President Rajapakse boosted up the family image of the Rajapakses - the 'Medamulane Rajapakses' and contrasted them with the Bandaranaikes. But it does appear that these 'proud sons of the soil of the Sinhala south' have chosen 'imperialist' United States as the preferred fall back option in case of unfavourable developments here even though the Rajapakses claim a socialist heritage. For, what the Rajapakse brothers and Kohona could have done to establish their abiding commitment and service to Sri Lanka was relinquish their citizenship rights to a foreign country before accepting public office in their country of birth. Not on the other hand say they can always go back to their adopted country, leaving the poor locals to clean up after the mess.

The much maligned constitution of 1978 has an inbuilt safeguard on a parliamentary select committee approving appointments to high government posts. But all such safeguards are grist to the mill of an authoritarian executive presidency.