This article is a follow-up to the series of articles by Mr. Kofi A. Boateng of New York City and Georgette Djaba, a lawyer in London, on the subject.

They have eloquently argued that due to misreading or misinterpretation of certain provisions of Ghana's 1992Constitution, Ghanaians by birth who have acquired the citizenship of other countries (Dual Citizens) are being unjustly discriminated against.

Evidence abounds about individuals who have lately been denied appointments as Deputy Ministers and or were compelled to renounce their foreign citizenship as a condition for running for a parliamentary seat in Ghana- the country of their birth.

My primary focus in this article is to highlight another aspect of the dual citizenship discussion - human rights.

Understanding the Constitution

A Constitution, as the bedrock of democratic governance is not self executing. Its sustainability is based upon the collective effort of all stakeholders.

They must invest, nurture, challenge and reach back to the wisdom of the judicial and legislative interpreters; and the common sense of the people.

Ghana's 1992 Constitution was inspired by and written during the time when the country was under the military rule of the PNDC.

At the completion of the draft by the Constituent Assembly, people were not given adequate time to study or debate the contents of the draft constitution.

It was rushed to a referendum with all its faults for approval.

Article 1 (2) and the Transitional Provision clause of Article 30 authorize the President and Parliament to void any inconsistencies within one year of assumption of office but to date, the one year has long passed and nothing was done.

One gaping human right flaw was the adoption by the PNDC regime of PNDC/L284 that denied the right of Ghanaians Living Abroad (GLAs) to vote in contradiction to Article 42 of the Constitution.

Getting to the terminal phase of the NDC government rule in 2000 a bill creating Dual Citizenship for Ghanaians who held citizenship of other countries was passed by Parliament.

In 2001 the NPP government adopted the necessary legislative instrument or regulations to enforce the dual citizenship law- Act 591.

It must be noted that no GLA's views were sought during the debate on the Bills in Parliament, yet they hailed the law as a ground breaking legislation to incorporate them into the mainstream of citizenship.

However, when the dust settled, it was found that the law in essence created second class citizenship status for GLAs.

Dual Citizenship Act 2001

The Dual Citizenship Law discriminates and denies Ghanaians who happen to be dual citizens their equal opportunity and access to public and elective offices as guaranteed to all citizens of Ghana by the Constitution.

The following questions emerge as one ponders over the Dual Citizenship law: Was it the intent of the Parliament to create two classes of citizenship?

On one hand, a class which is entitled to all the privileges and immunities the constitution grants to all citizenship and, the other hand , a special class of citizenry who can only vote in an election and be issued with a citizenship certificate and a Ghanaian passport?

What happened to the equal rights and protection the constitution (Article 17) grants to all citizens?

What is the benefit of voting if the same citizens can not run for an elective office or contribute to the manpower development and capacity building by joining the country's public service due to the fact he or she is a dual or second class citizen?

The amendment to P/NDC law 284 by Parliament and the passage of ROPAA, ACT 699, 2006 (not yet implemented) theoretically leveled the playing field with the respect to the right to register to vote.

One issue left sticking out like a sore thumb is the constitutional mandated discrimination against GLAs in terms of access to public service and running for Parliament as found under Article 94 (1) and (2) of the Constitution which is also reflected in the 2001 Dual Citizenship Act 591, Article 16(1) respectively.

Let us look at the relevant article of the Constitution which is reflected in the Dual Citizenship Act. Under Article 94(2) a citizen of Ghana who holds citizenship of another country is prohibited from running for Parliament.

Under Section 16 (1) of the Dual Citizenship act of 2001 Act citizen of Ghana may hold the citizenship of any other country in addition to his citizenship of Ghana.

However, the same statue ironically prohibits the citizen from being appointed to any position in the country's public services. Here are the details of the Article.

To wit:

Without prejudice to Article (94 (2) (a) of the Constitution, no citizen of Ghana shall qualify to be appointed as a holder of any office specified in this subsection if he hold the citizenship of any country in addition to his citizenship.

(a) Chief Justice and Justice of the Supreme Court

(b) Ambassador or High Commissioner

(c) Secretary to the Cabinet

(d) Chief of Defense Staff or any Service Chief

(e) Inspector General of Police

(f) Commissioner, Custom, Excise and Preventive Service

(g) Director Immigration Service

(h) Commissioner, Value Added Tax Service

(I) Director General, Prison Service

(j) Chief Fire Officer

(k) Chief Director of Ministry

(l) The rank of Colonel in the Army or its equivalent in the security services, and Any other public office the security services, and Any other public office the Minister may by legislative instrument prescribe."

Human Rights violations

How do these provisions and their implementation affect the rights of Ghanaians with dual citizenships as equal citizens of the country?

Its implementation make overseas resident Ghanaian second class citizens not withstanding the remedial effect of ROPAA in giving them equal say in the election of the members of their representative government when implemented.

Further, it may also be argued that Parliament by creating such statutory prohibition (Act 591) against the rights of GLAs from accessing the country's public service was unlawfully intruding into the constitutional rights of the citizens, as it did by the passage of Public law 284.

The courts in the American jurisdiction have held that the legislature cannot go beyond the area of constitutional protected rights.

When it attempts to do so, it is in violation of the rights preserved to her citizens.

The American Courts stated that the legislatures have their sacred duty to protect citizens against unlawful legislative intrusion upon their constitutional rights.

A long line of cases, including Happy v. Erwin, KY 330 S. W2d 412, 2959, Saylor v. Hall Ky., 497 SW2d 218 (1973) and Count v. O'Bannon, Key 770 S. W 2d 220 (1989) attest to this.

Thus, the Dual Citizenship Act is a classic example of such legislative intrusion into the civil liberties as well as human rights of GLAs.

Again, one may ask how these statutory and constitutional schemes against Diasporas adversely impact the demands of UN treaties on Human Rights and Ghana's own Constitution.

In other words, what is Ghana's obligation towards her overseas citizens under both 1992 Constitution and the various international treaties which Ghana has signed as a member?

No doubt, there are human right violations if one examines the aforesaid carefully within the parameters of the inconsistencies of what the constitution actually says the action of the policy makers and the mandate of UN treaties on human rights.

Article 40 of Ghana Constitution mandates the Government of Ghana to adhere to the principles, or ideals and objectives of the principles embodied in all treaties, charters and conventions which Ghana is signatory.

Therefore looking at various international treaties and conventions such as: the UN Declaration of Human Rights Articles 7, 21, and 30., UN Covenant on Civil and Political Rights, Articles 2, 25 and 26; UN Millennium Declaration Clause 5 and the African Union Declaration one finds that Ghana must respect the human rights of all its citizens regardless of place of abode.

It also enjoins all governments to allow all citizens equal protection of the law.

It also enjoins all governments to allow all citizens the right to participate in the government and its public service.

For Ghana to survive in the 21st century she is obligated to utilize all her resources. This must also include its human capital in talents, skills, and experiences of all her citizens the various treaties UN and African Union have promulgated

Nigeria's experience

Again, drawing from the lesson of Ghana's closest traditional neighbor Nigeria, her Constitution provides vivid contrast to that of Ghana on the definition or concept of citizenship.

Nigeria does not wrestle with this problem of dual citizenship in as much as Ghana does. According to the Nigerian Constitution Article 25 (1) defines citizenship as Nigerian by birth, registration or naturalization.

Under said article Nigerian Nigerian by birth has a pre eminent rights which cannot be abrogated even if the Nigerian has acquired another country's citizenship.

Unlike Ghana which lumps all its categories of citizenship (by birth, registration or naturalizations) together, a citizen of Nigeria by birth enjoys all the privileges and immunities available to all citizens.

These include running for any political office including President of the country, Governors, State, and Federal Parliament or be appointed to any of the higher offices in the Judiciary of Executive branch of government.

The principle was reaffirmed by the Federal High Court of Nigeria In Re: Prof Isa Oddi Feb14, 07.

See also Ogbeida Osula 12 November 12 856 which held that an attempt to deny a Nigerians by birth who are dual citizens , by the National Electoral Commissioner, the right to run for Presidency and Vice Presidency of the Federal Republic was unconstitutional.

However, Ghanaian by birth has no such recourse; he loses his citizenship "fort with" as soon as he takes on another nationality.

It must be noted that the Dual citizenship Act 591 allows Ghanaian to hold another nationality but still denies him the right to run for an elective office or be appointed to a higher public office.

How does one reconcile these two inconsistent positions?

The framers of Nigerian constitution obviously felt that one cannot stop being a Nigeria because he is accorded a citizenship of another country in addition to his Nigerian citizenship.

Nigeria and Ghana evolved from a similar colonial background and checkered post independent political history.

However, Nigeria has prudently not jettisoned her overseas citizens but incorporated them into the main stream in order to tap all her human resources necessary for socio- politico and economic development of their countries.

Therefore, what is the rational basis or compelling interest of the state for Ghana to deny equal rights or opportunity to her citizens who are also Ghanaian but hold citizenship of another country?

The modern trends and practice in U.S., UK, South Korea, Mexico, Dominican republic, Canada and others is to allow their nationals to hold citizenship elsewhere without losing their original nationality.

Therefore, Ghana must wake up to follow the inclusive trend.

The remedy for such unnecessary discrimination is for GLAs to seek a declarative relief from the Supreme Court to declare those laws as unconstitutional.

Alternatively Parliament must pass a constitutional amendment to repeal those laws which are inimical to equality of citizenship.

It is anticipated that the next government, will make the Dual Citizenship issue among its top legislative agenda to be enacted within 180 days after the assumption of power.

In conclusion, the exclusion and discriminatory practice against Ghanaians with Dual Citizenship, as stated in Article 16 of the Dual Citizenship Act is grounded upon the misreading of the inconsistent clauses of the Constitution.

Article (94(2) undermines the spirit of ROPAA where a dual citizen can vote but cannot run for elective office such as Parliament.

The letter and spirit of the forenamed provisions are inconsistent with our vision of developing a free market, constitutional democratic state.

It is also inconsistent with the country's attempt to address the problem of brain drain by reversing.

Our political leaders should exercise the courage, to smoothen the rough edges of our political system and level the playing field for all Ghanaians to serve the dear country.

Ghana has evolved from a history of colonialism, one party dictatorship, military and pseudo military rules where the rights of the citizenry were ignored or trampled upon.

We are in the new era of democratic governance and challenges of globalization.

Therefore, the civil and human rights principles should under gird the country's attempt for future political and economic development.

The former Soviet Union attempt to by pass such principles in their political and economic development ended in its implosion. Their experience should be a lesson to Ghana's policy makers.