Ron Green’s announcement that he renounced his US citizenship prior to the 2009 General Election has once again brought the fore to the debate concerning the dual citizenship clause which is entrenched in the constitution of Dominica.
This debate has been raging and has reached near fever pitch when it was revealed that Prime Minister Roosevelt Skerrit holds French citizenship in addition to being a Dominican.
In this time and age if Mr. Skerrit (or any member of our legislature) is ousted from his constituency because of the dual citizenship prohibition, it should be the last straw on that matter in our constitution. The people of his constituency would be deprived of their choice of political representation, not because he failed in his duties, or abused his prerogatives, but because he is holding a foreign citizenship in addition to his Dominican citizenship.
One of the maddening paradoxes of the dual citizenship matter is that the prohibitions would not apply had Mr. Skerrit been a “Commonwealth citizen,” whatever this archaic concept means today. For reasons that are unexplained and possibly indefensible, the presumption in our constitution seems to be that a dual citizen from any Commonwealth country, no matter how remote from Dominica, would be more loyal than a person holding dual citizenship in a non-Commonwealth country. This means that someone from the mountains of Tanzania, a member of the Commonwealth, is actually eligible to hold political office and run for election in Dominica, although that person might not necessarily know a whole lot about the country. According to the constitution, the only prerequisite is that the person should be living in Dominica “for a period of twelve months immediately before the date of his nomination for election”.
In essence the constitution is presuming that the person from the mountains of Tanzania would be more loyal to Dominica than someone who holds citizenship from a non-Commonwealth country. Does that make sense?
Along the same lines, and equally maddening, is the politically correct belief that only persons who are obliged by their sole Dominican citizenship to “live out their decisions” have the requisite loyalty to be members of our legislature. In other words only those who cannot run away when things get bad (maybe because of their actions when in office) are fit to be our political leaders. But this is clearly inconsistent with the facts. As evidenced by the size of the diaspora, many Dominicans, especially those qualified to be representatives, have, and will continue to have, substantial opportunities to migrate to, and to secure citizenship, in other countries.
And I am pretty much sure that former members of our legislature have migrated and secured citizenship in non-Commonwealth countries. No one is forced to stay and live out their decisions
Fundamental problem
In addition to these inconsistencies, there is a fundamental problem with the dual citizenship clause. I think it is essentially undemocratic. It reflects a fundamental distrust in the ability of the people to weigh the facts and to freely choose their representatives. In effect the constitution is dictating who it thinks is best for us to elect.
This overreach in the constitution is not unique to Dominica. Many other “Commonwealth” countries are currently wrestling with this very issue. Communist countries typically allow only party members on the ballot. Similarly, some Islamic countries require all candidates to be practicing Muslims.
It is my belief that Dominica should not continue similar arbitrary anachronistic practices. That clause was squeezed into our constitution (and the constitutions of other so-called “Commonwealth” countries) by our colonial masters in an attempt to preserve some vestige of their once great empire. Such practice can only deprive our country of the best possible representation. After all, at this point in time, one of our most significant problems is the lack of adequate, legislative leadership.
THIS IS A NON PARTISAN JOKE THAT CAN BE ENJOYED BY All !
NOT ONLY THAT– it is POLITICALLY CORRECT!!
While walking down the street one day a “Member of Parliament” is tragically hit by a truck and dies.
His soul arrives in heaven and is met by St. Peter at the entrance.
‘Welcome to heaven,’ says St. Peter.. ‘Before you settle in, it seems there is a problem. We seldom see a high official around these parts, you see, so we’re not sure what to do with you.’
‘No problem, just let me in,’ says the man.
‘W ell, I’d like to, but I have orders from higher up. What we’ll do is have you spend one day in hell and one in heaven. Then you can choose where to spend eternity.’
‘Really, I’ve made up my mind. I want to be in heaven,’ says the MP.
‘I’m sorry, but we have our rules.’
And with that, St. Peter escorts him to the elevator and he goes down, down, down to hell. The doors open and he finds himself in the middle of a green golf course. In the distance is a clubhouse and standing in front of it are all his friends and other politicians who had worked with him.
Everyone is very happy and in evening dress. They run to greet him, shake his hand, and reminisce about the good times they had while getting rich at the expense of the people.
They play a friendly game of golf and then dine on lobster, caviar and champagne.
Also present is the devil, who really is a very friendly & nice guy who has a good time dancing and telling jokes. They are having such a good time that before he realizes it, it is time to go.
Everyone gives him a hearty farewell and waves while the elevator rises….
The elevator goes up, up, up and the door reopens on heaven where St. Peter is waiting for him.
‘Now it’s time to visit heaven.’
So, 24 hours pass with the MP joining a group of contented souls moving from cloud to cloud, playing the harp and singing. They have a good time and, before he realizes it, the 24 hours have gone by and St. Peter returns.
‘Well, then, you’ve spent a day in hell and another in heaven. Now choose your eternity.’
The MP reflects for a minute, then he answers: ‘Well, I would never have said it before, I mean heaven has been delightful, but I think I would be better off in hell.’
So St. Peter escorts him to the elevator and he goes down, down, down to hell.
Now the doors of the elevator open and he’s in the middle of a barren land covered with waste and garbage.
He sees all his friends, dressed in rags, picking up the trash and putting it in black bags as more trash falls from above.
The devil comes over to him and puts his arm around his shoulder. ‘I don’t understand,’ stammers the MP. ‘Yesterday I was here and there was a golf course and clubhouse, and we ate lobster and caviar, drank champagne, and danced and had a great time.. Now there’s just a wasteland full of garbage and my friends look miserable.
What happened?’
The devil looks at him, smiles and says, ‘Yesterday we were campaigning… …
Today you voted
That is the reality we face in dominica.
OUR 30 pieces of silver is at work. It seems like the devil throw sand in our eyes.
i have a british and dominican passport. but had to get the british citizenship first then the passport… proud to be dominican but i need my british passport to go to the states papa…
Has anyone ask themselves what is the purpose of the Commonwealth? What has it really done for us? Why are we still hanging to the skirt tail of the Queen?
This issue is not about respect for law or the constitution..It is all about removing Skeritt and the labour party from office. The constitution was adopted in 1978… Ron Green served in parliament as an elected member from 1995 to 2009, by his own admission he had dual citizenship. This situatiom was accepted by the UWP, even now he serves as a senator.. . Why is it ok for the Uwp to have members with dual citizen served as ministers and members of parliament while the Dlp is taken to task and draged to court for doing the same thing? Even if you don’t like the labour party or Skerrit for that matter, this is hipocricy at it’s vintage best…Am I to understant that the constitution and laws does not apply to the UWP..and that they are the founding fathers of this nation deciding who can break the law and when…
u forgot some what about carbon, Earl, Bobby ran for UWP he has US citizenship, Sam Raphael even though he says he independent we knew he UWP….but then again LL did say “by whatever means necessary” so if they cant take him out by the ballot box and trust me they cant …18.3 says it all…. they will try anything, legal or otherwise, but we smarter!
is time dominicans start to leave mr man skerro in peace
do u all know how many in dca has dual cityzenship and no onee have any critics
i my self has two trough my parents, who worries bout that
who made borders it wasn’t mr skeritt or who so ever
take a look at nature the birds fly and go evry where there are no borders or nationality for them
for instance here the flamingo flies early in the morning to venezuela and returns in the afternoon no one tells them nothing
here for the first time there is an arab from libanon chosen as minister of finance he has two nationalities the libanes and dutch
last week in poland for the first time ever they voted for a nigerian as a mayor he carry two paspoirts
on the last election in 2009 there were more who carried two pasports in other parties but evry one pete their bouch yo pate di ane but becuase is the man jah man they have something to say
mr skerrit is a true socialist who loves his country and his people he is a real follower of christ who loved his people and help them in evry way he can.
another great man was che guevara he also had 2 nationalaties the argetinian and cuban whom was against that no one now adays every one adores him after his death and talks good about him when he was alive no noe loved him just a few
is time mr green start to talk sensible him hisself is a big yankee doodle
mr skerrit forever .
they wishing for u to fall but jah gonna make u stronger
whom jah bless no one curse
carry on the good work
jah bless
Obviously you have been in a classroom, however, as long as you consider emigration as “running away” you are manifestedly brainwashed and confined both physically and mentally to the little rock on which the very colonial masters that you refer to, have placed you some 500 years ago…We can argue it if you wish.
listen: Someone with a french passport is not automatically a french citizen, yes u have the passport but that doesnt mean u french! For SOMEONE TO BE FRENCH HE OR SHE HAS TO HOLD A CARD IDENTITE THAT MEAN AN ID ( a french ID) ! Because when someone going for transaction or going to seat an Exam, they asking for the ID and not the passport. Once A employee at the post office explain that to me & i was puzzled & finally understand her point.
Also to be a french citizen u most do ur ‘journée d’appel d’ordre a la defense” which is a special day training concerning France law, defense & so on… because when u apllying in any administration they asking for THAT precious paper that i called previously & the ID, not the passport!
So dominicans know the french law before u talk & condemn the man, & please allu law need to be revised this is just an advice! thx
Sorry, but one cannot obtain a passport without being a citizen of that said country.,one can apply for a passport but if he or she has citizenship, but bear in mind if that persons parent is a citizen of this country, and the child is under 18yrs he she get citizenship automatically, and if this person is over 18yrs..then he/she has to be a resident of the country, be residing there for about 3-4yrs before applying for citizenship…One must also apply for citizenship, and a date is appointed to him/her to do the citizenship exam….YOU ONLY BECOME A CITIZEN…..AFTER YOU HAVE PASSED THAT EXAM..then you have the right to apply for a passport…and even if this person was born in this country he has to apply for a passport as well in order to have one……….BUT ONLY IF HE OR SHE HAS CITIZENSHIP……SO IN OTHER WORDS THE ONLY WAY MR. SKERITT COULD HAVE GOTTEN A PASSPORT, IS CLEAR THAT HE IS A CITIZEN OF THAT COUNTRY…..
THANK U….
Mr Ron Green needs to present his Decree by which he renounced his US Citizenship.
this comment is very intresting and we as a people should stop politicking and become more conciousin our rthinking . this is as the writer of this aticle stated a way for our colonial masters to keep grip on us . lets weight the facts here as the writer says and be honest . who do u think has more intrest in thepeople of dominica ? a person who have lived all their life in dominica and serving the country from youth in diffrent positions although that person holds citizenship from a non commonwealth country or a person from a commonwealth country who have never lived in dominica and have not serverd dominica in no way what so ever? so why can the second be a political leader and not the first?
this is truely time for constitutional reform. cant we see that because we as a caribbean people have to go to the prive concil as our highest court we are being jerked around. i am not sayiing that the full letter of the constitution should be up for change but that of dual citizenship must be changed it is not of use to us at this day and age
what is this article really saying….it is not about how rediculous the law is; it is that the law is there and as the PM of the country he should be the first to step up and uphold the law…and why is it that these politians are not screened before elections anyway
Subject to the provisions of section 32 of this Constitution, a person shall be qualified unless, he-
is a Commonwealth citizen of the age of twenty-one years or upwards;
WHILE WE ARE ALL TRYING TO TAKE SIDES MR. SKERRIT IS THE ONE TO BE BLAMED.HE IS THE LEADER OF THE COUNTRY, HE MUST KNOW THE LAwS OF THE COUNTRY, WHY DIDNT HE RENOUNCE THE CITIZENSHIP ALEAST JUST BEFORE THE ELECTIONS OF DECEMBER 18TH ,BUT AGAIN THE ARROGANCE OF MR. SKERRIT IS OF A GREAT MAGNITUDE.REMEMBER GO TO HELL IT IS NONE OF YOUR BUSINESS ALSO NO LAW,NO CONSTITUTION CAN PREVENT ME FROM BEING NOMINATED.
This commentary is very interesting with some of the things said and gives room for healthy discussion and debate. When i look around i see three things that have tremedous effect on our daily lives and that is Money, Governments and Laws and none of these are taught in schools. We are all taught to believe that these things or subjects are to intellectual, mysterious and arcane that is, to be understood only by a few.and so we should not spend our time studying these things and getting to know what they truly are leaving it to the experts to tell us or explain to us what these things mean. I think that is dangerous and leaves room to be mislead and manipulated and taken advantage of simply by forgoing our duty to know and understand something which is of significance in our lives on a daily basis.
One of the things we must establish is that Laws are there to protect us. Laws can be changed and modified. What was the Law in time past may not be relevant now in the presence.time, as this shows now in our constitution, maybe we may need a modification or amendment of some kind. Why is it the Laws that are written in an important document such as the constitution cannot be written in simple language for all to understand but instead it is written in an esoteric manner.? Why is Laws written anonymously and in back rooms.? Of course there are inconsistencies in the constitution as pointed out in the commentary, are these inconsistencies done by mistake or for a reason, i think for a reason. When I hear the word Democracy used i think that we are just using lip service or sometimes i wonder what the word says and if it is really truly being practiced especially when Laws are crafted and made.
As to Ron Green he admittedly made it Public that he violated the Law, well if someone says publicly that the violated the Law he is admitting his guilt. But the question i would like to ask and be honest with ourselves, the time that Hon Ron Green served in Government knowingly violating the constitution can we question where his allegiance was and to who, of course, it was to his place of birth Dominica.unquestionable, so what is the issue about someone should be disqualified simply because he obtained citizenship from another country. People obtain citizenship for many different reasons, and let us not forget some not on their own doing, they were entitled to it at birth. A person ability to lead and give service to his Country of birth should not be based on having dual citizenship and being disqualified from being a candidate for general elections or even to the highest office, the only reason that should bar or disqualified such person is not being born in the Country. Just food for thought, due to the increase of Chinese living in our country we know that at some time they are going to have Children born in Dominica, are their offspring going to be allowed to run for election, or would they be bared.from running.
That does not mean I’m against the Laws and the Constitution that is serving us “right now”, noticed I used the term “right now”, of course the laws set out in the constitution as of now should be followed and adhered to. In regards to the situation about the Prime Minister and his violation of the constitution, i have always said that it is alleged, he is a defendant, under the constitution everyone is entitled to have due process. A person is innocent until proven guilty in a court of law, that is the reason we have the constitution, saying a person is guilty without giving him a chance to prove his innocence is going against the constitution which we so all like to talk about and quote. The Hon Ron Green admission about his citizenship does not necessarily say that the Prime Minister to is guilty. Why can we not let justice take it course.
The point is whether those two gentlemen and other broke the current law. The law is the constitution of the country. The question is not dual nationality, but whether he got it for himself?
Base on the information we have he got it at birth because of hs french mother. Obtaining a passport is not obtainig citizenship.
that is not possible. under French Law it is not possible for someone to get automatically french citizenship just because one parent is french.
for someone to be a french citizen he must have an Carte d’identité which mean an ID, & a paper they call ” journée d’appel d’ordre a la defense” which is a special day training that all french citizen have to go through, concerning France law, defense law & so on!
U must also do that to be a french citizen , U MUST! and go for driven licence, exams, transaction & so! eventhough u born in french country & leave the country when u comeback u are no longer french( & i knw wat im talking about).
To, eventhough one parent is french dat doesnt mean u are French. otherwise u just have the passport dat alone! And once someone hold a passport in his early age it is automatically normal he get it after! but he will not have the FRENCH ID dat say YES i am FRench !
soo…if…….skerrit illegal then all his assets are his …………his villas his money…..his bubbles…his ASSSSS..TAFANN……..his sexy girls from vielle case……hahahahaha …….
Thank you for your article. It is a ripe time to invest in constitutional reform. Maybe the Opposition might do some investigating and funding of this endeavor instead of just writing memos filled with empty rhetoric that does nothing but further widen the gap in opinions and create an acerbic atmosphere among citizens. I think, frankly, as a show of good favor, the Government political party should introduce some kind of inquiry or committee to begin this conversation about reform.
Dominica is an independent Republic that is still too strongly operated on the discourses of major colonial powers – Europe as a political force and the Catholic Church as a moral force. We need to focus on building the nation that serves its citizens in an ETHICAL way – not simply and reductively to moral and political ends.
I agree. I am sure that there are alot more laws that need to be reformed. Now is a good time to start.
the law is for everyone and not just some. No one should be exempted.
Fool.
Rolle:
I can tell that you are not on the side of the PM.
You are at it again!
I have a simple solution as I stated on a previous article. Change the Constitution and call it a day then Dominicans will not have to wrestle with this situation which takes up a lot of the time of every one, government, the opposition and the comments of the pros and cons. Well, it makes for good and continuing news.
Consider that the PM is not running away to France while he is still PM. He is fulfilling his duties and obviously has no intentions of quitting in mid-term and running to France.
I do think that the PM is patriotic and loves his country of Dominica and its nationals which is the reason why he entered politics. Therefore, accord him this privilege of an elected PM.
As the Constitution currently reads, Prime Minister Skerrit violated our laws, and should resign.
But, if your argument is TRUE, it’s time we AMEND OUR CONSTITUTION!!!!!!!!!!.
Small nations like ours, need all of her resources…dual citizens should be allowed to serve in public office…as long as they take an oath to serve Dominica First.
BOTH RON AND SKERRIT MAYBE ARE GUILTY OF AN OFFENSE AND SHOULD BE HELD ACCOUNTABLE.
2 WRONGS CANNOT MAKE A RIGHT.
FORGET POLITICS FOR A WHILE THIS IS WHAT IS KILING DOMINICA . THINK LAW FOR NOW.
I agree. If it were you or me the `malawe` we would have been jailed or fined already.
Good points on a number of fronts, but I have a solution.
(1) any citizen of Dominica can hold elective office, whether or not they are citizens of another country;
and
(2) only natural-born Dominicans who hold no other citizenship can assume the position of President, Prime Minister or acting Prime Minister.
This not only guarantees a path for all Dominicans to participate in public service but it also allows for the recruitment of overseas Dominicans, particularly professional individuals who may be skilled in various technical fields that we may need to employ to the benefit of our country’s development, who may be thinking of returning home, to participate fully in the process without reservation. Those diasporans can now take some gratification from the fact that they’re playing their part and Dominicans who stayed home can take comfort in the knowledge that a Dominican who stayed with them “in the gwaye” leads the country.
ALL PEACE-LOVING DOMINICANS SHOULD READ THIS CAREFULLY.
This is from the BBC.
International Criminal Court prosecutor Ocampo names six top Kenyans for post-election violence. A prominent radio talk-show host is considered to be among the six “most responsible” for the post-election violence following Kenya’s disputed Dec. 27, 2007 elections.
According to the prosecutor for the International Criminal Court at The Hague, Netherlands.The violence after the announcement of the polls was due to the polarity in the media, especially vernacular media which were turned into political tools.”
Independent observers said. “Vernacular radio stations in my opinion played a role in the escalation of the violence,The ethnic hate our radio station was propagating about those from outside the community was unbelievable.”
The role of the media in Kenya’s violence has revived the spectre of the role of Radio Milles Collines which instigated widespread violence during the Rwandan genocide.
.
The crisis demonstrates that a free and plural media are as much an answer to Kenya’s democratic deficit. The role of the local language media during the crisis was the product of a chaotic regulatory policy and the lack of training – especially of talk show hosts, whose programmes provided the platform for most of the hate speech.
Just like Kenya we have post-election hate speech on radio.
Just like Kenya we have talk show host with NO training provide a platform for hate speach
BROTHERS AND SISTER BE CAREFULL OF THIS SHEEP IN WOLVE’S CLOTHING, don’t let any one make you hate or kill your brother. peace and love.
We need to focus on the part about Commonwealth citizenship. It cannot be right that a persons from anywhere in the Commonwealth who has lived here for the past twelve months is eligible to run for election while a person who was born and raised in Dominica and lives here in Dominica but who has dual citizenship is not eligible.
In other words, it is better to elect a Commonwealth citizen with no Dominican citizenship than a Dominican with dual citizenship.
Really?
Think about that, folks.
Wrong…we need to focus on Skeritt….. Ron has no case in court about his citizenship….the points you raised can be dealt with when the laws and Constitution are being reviewed…if ever.
Wrong about what?
Suday’s child raised a perinent point. Anonymous read the point that Sunday’s child is making. Also read the article again.
Hmmmmmmmmmmmmm
think about what… the law is the law every man jack should abid by the laws of the land
I would like to know why Roosevelt Skerrit needed a french passport. Even as he was already in office in Dominica anyway.
“Linton read the supporting documents, written in French, on air. He also read it in English.
It was also revealed that Skerrit applied for or acquired French citizenship on April 8, 2003 while still a minister of government.”
Earl Willaims, Ron Green all had other citizenship prior to holding office.
“I am a labour-right.” but I have a right to know.
Earl Willaims was born in England but only get citizenship after he applied for a passport. he was raised and educated in Dominica.
I have no issue Earl Willaims or Ron Green, WHY? Why? Why?….Roosevelt Skerrit
He needed one because he is entitled to one. Are you holding it against him?
Are you aware how long it takes to acquire a passport and citizenship of another country as France, US or Canada of all? If you reside out of the country, you should know that it takes some months if not a year or more.
I reside out of Dominica. It took me years to decide to become a citizenship of that country because I did not want to become one. Having lived here for some time I thought, “why not!” I work and pay taxes and I might as well become a citizen.
This country is still a sovereign country with allegiance to the Queen of England. I had no problem with that because Dominica was a colonial country.
Have I given up on Dominica? By no means! I just happen to reside in a different country. I still have hopes that someday, if the Good Lord wills, aside from visiting on vacations, I will return to Dominica for good. If I did I would surely like to get involved in some good and beneficial work in Dominica.
Therefore, I consider the PM and the reason why he applied for a French passport and is a citizen of (also) France. It is for this reason why I am compassionate towards his cause.
I do find that some Dominicans, whether they reside in Dominica or not are putting too much pressure on him. It is time to set this aside and revise the Constitution.
In future, there will be more Dominicans who will migrate to other countries. If they reside outside of Dominica and are employed obviously they may decide to become citizens of that country. This does not mean that they will renounce their Dominican citizenship/passport. It is only a matter of convenience.
They may wish to return to Dominica permanently and also may enter politics. Will they be deprived of this opportunity because they happen to be citizens of other countries? If so Dominica will lose out on some educated and experienced people.
In any case, what credentials and knowledge it takes to be a PM or the opposition, a member of Parliament/Legislature in Dominica? This is food for thought.
I do think that a lot of this wrangling about citizenship and passport is “Much ado about nothing” and a waste of God-given precious time.
Does this apply to the PM? Have he work in the french country’s?. “I reside out of Dominica. It took me years to decide to become a citizenship of that country because I did not want to become one. Having lived here for some time I thought, “why not!” I work and pay taxes and I might as well become a citizen.”
I Just wanna ask two simple question.
1. If there is a serious serious dispute between Dominica and the French, will the Prime Minister support us or the French? The fathers of the constitution knew what they were doing when they made that law.
2. If a huge dispute breaks out between the French and one of our allies will the PM support the French and cause us to lose our ally or support our ally?
Both situations are very serious and we could end up in serious trouble if the above situations were to happen. Because the PM swore allegiance to a foreign country will he put us first or will he put the other country first? I support that part in the constitution 100% it just should have included not just all foreign countries but the commonwealth countries too. If you Dominicans can safely satisfy themselves that the PM will put us first then I will not say they are idiots or ignorant or call them any bad names. Thats their belief and opinion and I respect it even though i think they are wrong, we are all entitled to our own opinions and I know they love Dominica and want the best for the country.
Good point. Me too support that part of teh constitution as well.
We all know that Edison James is a British citizen, which is fine according to the constitution. Suppose a dispute erupts between the British and one of our allies, which side would Mr. James choose? The British and cause us to lose our ally or support our ally?
Well written well said
Interesting points.
How will the law seek redress for those that have been in violation?
So all them foreigners want to Govern Dominica. PAPA METE. Next thing the Germans and Kim Jong il will want wan to run for elections too. Veye Mwen tan!
The constitution is a body of laws that governs a country’s people and its institutions. It is the supreme law of any land.
As nationals subjected to the laws of the constitution we must be mindful that there are three rules that determines its interpretation: the literal rule, the golden rule and the mischief rule. These rules are referred to as rules of statutory interpretation. It sets guidelines as to the manner in which they are to be interpreted. The literal rule speaks for itself – follow that which is printed in black and white. The golden rule is where the spirit of the constitution comes alive and endures and survives changes in society. Thus the golden rule can be considered the core values and principles of our governance and its interpretation is very well respected from extremely learned practitioners in constitutional law. These practitioners are to hold themselves as guardians of our constitution and must always exhibit to the society at large honesty, integrity, transparency and utilize time and effort in publishing regularly their interpretations for all to have access to in books , magazines, and websites and whatever new medium that evolves.
Now regarding the current state of affairs on the matter of the Prime Minister’s dual citizenship, one if being aware will readily appreciate the dilemma of the rules of statutory interpretation!!
And it is these interpretations that can easily lead to aggrieved parties being convinced that the judiciary is in bed with the executive and that they are not independent!
Within the last few days many persons have quoted sections of the constitution dealing with dual citizenship – the literal interpretation! This is exactly the very same energy exhibited with our Christian brothers and sisters trying to interpret the Bible! We hear it all the time – the good books says…..!!
Now the mischief rule clearly spells out the punishments to be meted out. But again the golden rule casts a very long shadow! In the case of PM Skerrit’s dual citizenship and his renouncing of French Citizenship to favor that of Dominica where he was born the courts will have to decide what is in the best interest of the country and not narrowly in the best interest of the UWP or the opposition in general. Thus although it is the UWP filing complaint or taking the matter to court and bearing all expenses upfront the rewards of the decision or ruling goes way beyond the UWP. Once that is recognized by the UWP and it support base then they are to brace themselves for a judgment that can go either way! The same can be said of the DLP and their support base as well.
Ofcourse the UWP would like the literal rule and the mischief rule to weigh heavily in their favor and so their lawyers like all lawyers will fall in love with their arguments for and against. The consequences of such an interpretation will see immediately the inclusion into parliament of Maynard Joseph – changing the configuration in parliament to 17-4 though small but definitely regarded as a huge moral victory that can see a resurgence of vigor in the UWP – the classic phoenix rising from the ashes!
Will such a ruling satisfy the broad principles of preserving democracy in Dominica? Did the people of Villecase voted for Maynard Joseph in a significant way? Many hold on to the view that these questions will likely lead the courts to consider a bi-election. Many will also say that this is merely an academic exercise as the result is almost already known to favor Skerrit. But there are times justice must not only be done but appear to be done and an academic exercise is worthy to remove all doubt of biasness.
Now with the scenario of La Plain there may very well be a different interpretation but here the courts may look at the merits of equity or the abuse of equity. An abuse of equity means one cannot plead for its benefits. The two candidates who contested there have dual citizenship and that in 2005 their dual citizenships were intact when they contested each other. The question that must be asked here about one finally deciding to renounce his US citizenship is this: was there a strong indication based on research that the incumbent seat was seriously challenged and likely to lose? Was renouncing US citizenship a deliberate and scheming strategy this time to give an opportunity to self based on limited experience in the interpretation of the constitution – the literal rule? And consider retirement for the 2015 poll? HE who seeks to benefit from equity must come with clean hands!!!!
I think they should both resign and call it judge. How can you trust people when they breach rules? Tell me?………………..
– Dominica is a Commonwealth country – a member of the “Commonwealth of Nations – and its citizens can vote in general elections in the U.K., be elected to the British House of Commons, House of Lords or hold public office. To infer any discrimination here is not factual but, of course, if we do not like it we always have to option to withdraw our membership.
– if we do not like our constitution we also have the option to amend it but this should never, never ever be done to accommodate the ambitions of a few, leave alone one man!
– The law applies equally to everybody and any blatant attempt to soften public opinion towards people , who wittingly brake our supreme law, the constitution, is not only pathetic but immoral.
The question that must be asked is why didn’t Ron green revoke his citizenship for the 3 past elections since he was the duly elected representative for La Plaine. He must also tell us exactly when he did the renunciation since there is evidence to prove both here in Dominica and in St.kitts that after December 18 2009 he did travel on a US passport. Mr.Green since you are an advocate of honesty and transparency please tell Dominica the truth.!!!!!!!!!!
For the record I agree that as long as the law is still part of our constitution it should be respected no matter how outdated it is.
Many qualified persons in the region want to contribute to their country but do not want to sacrifice the benefits of dual citizenship.
The compromise that exists in the region is an informal policy of “don’t ask don’t tell”. As in there are politicians on both sides who hold dual citizenships but none challenge the other because it would be the pot calling the cattle black.
If we are being honest with each other, the reason Skerrit is being challenged on this is not because the UWP is in love with the constitution (the fact that Ron Green only gave up his own in 2009 is proof of this). The reason is that their chances of defeating Skerrit in an election are poor so they’re trying to get rid of him on a technicality.
If Skerrit was some fringe member of the DLP believe me no one could care less about his citizenship status.
I’m sometimes amazed at the lengths people are prepared to go to defend the indefensible. Here’s a fact, Mr. R. Sanford. The Constitution of Dominica prohibits people who swear allegiance to another country from contesting elections and sitting in parliament. Swear allegiance, Mr. Sanford. A man (or woman) born in the hills of Tanzania who chooses to commit his allegiance to Dominica does not violate the constitution in this regard but a man (or woman) born in Dominica who swears allegiance to another country does. Simple. In fact, I would argue that the person born in Dominica but, as an adult, swears allegiance to another country is likelier to have a greater commitment to that country than to Dominica. It’s a deliberate act. On his/her own accord. Therefore, if Mr. Skerrit has sworn allegiance to France as an adult and runs, he is in violation of the constitution. The highest law of the land. His election should therefore, be declared null and void and the seat be given to the highest vote getter because he was never in the race. If you run the 100 metres at the Olympics and cross the finish line way ahead of everyone else, but you are found to have violated the rules, the gold medal is given to the person who rightfully ended first since you really were not in the race.
You may not like this provision in the constitution, Mr, Sanford. I don’t either. But this is the law of the land and the person seeking the highest office in the land must be held to a higher standard. He cannot be allowed to violate the constitution yet want citizens to obey the law.
Must we then change everything in the constitution that we don’t like, everything that seems archaic, everything that doesn’t suit us? Must we simply do away with the constitution? I’m afraid this would be a recipe for chaos, which is exactly what you have presented here.
Well well, while you put forth a passionate argument, the point of the matter right now is that both Mr Skerrit & Mr. Green seem to be in breach of the constitution of the Commonwealth of Dominica, something they both swore to uphold. I don’t believe that the constitution is being “undemocratic” for stipulating that persons elected to public office must be of “sole Dominican citizenship”. Its a demonstration that you as the elected official is dedicated to abiding by the rules/laws of the land. The problem in Dominica is not “lack of adequate, legislative leadership.” but the lack of integrity to lead.
This is just a blatant case of discrimination. If the law is wrong…it needs to be struck down. If it is not reflective of the current society, it needs to be struck down.
Laws can change.
The Constitution was drafted a long time ago and if this 1 point is being so confusing and restrictive, then it should be struck down.
At the end of teh day, both the MINISTERS are Dominicans first, and that is what should matter. This section should be revisited.
Every person Dominican deserves equal rights and no other Dominican is superior. ALl DOminican citizens are citizens and if 1 is blessed to have the priviledge of another citizenship, that should not be a hindrance to one serving their BIRTH COUNTRY
LAW IS GODDAMN LAW!!!! SO ALL THE PEOPLE THAT KEEP UPHOLDING WRONGDOINGS TIME WILL TELL…….
“EVERYDAY THE BUCKET AH GO AH WELL , ONE DAY THE BOTTOM AH GO DROP OUT” Robert Nestor Marley
Fine.
But in the meantime, while the constitution exists we are all to abide by it. Whether or not we agree with it.
Laws are to be obeyed even though they seem archaic or handed down by masters…..THE LAW IS THE LAW….yes, our laws and constitution need some review, but until that is done, those in place should be adhered to….no man is above the LAW. thank you..
***********************HOW TO HAVE THE UNDEREDUCATED DICTATING THE ***********************
Yes…. good point!!!
WE allow ourselves to be govern by extremely undereducated politicians who could not get a better life for themselves [but only as a minister of this or that…….]. Yet they want to tell us how they will find us better jobs…thus a better life and how they will give us a better DA!! How can someone bring you success if they themself could not bring it to themself?? Think about that!!
I think the politicins in DA love the law just the way it is!! That means less competetion for them. They don’t want dominicans living abroad finally coming home to challenge them on real issues and the future of us here in DA! They are the kings of the political hill in DA…and they like it like that!!
Until this law is change…… the future and progress of DA will be sadly ERODED & RETARDED!!.
Did i make my point??
I disagree it’s about the status quo, if Dominicans overseas want to make a political contribution to their country what’s the problem in giving up/renouncing their citizenship of the other country? Why put yourself in the compromising position of serving two “masters”?
yes you did loud and clear.
Personally, imho, that dual citizenship thing is nonsense.
If I was the Supremo, I’d simply go to parliament and ammend the current law as it pertains to dual citizenship and make it retro active …
Take it to the public in a referrendum and everybody wud be happy ….
So you want the same law breaker to go and ammend the laws and make it retro active so he can escape?
Alas papa bordiay with these people….poor Dominica
Classic… speaks for itself, what more can one say? I totally agree that it is unconstitutional…
Your point is well taken but the law is the law until such time. I agree that this matter needs to be revisited but laws are made to be adhered to by all especially those who are charged with enforcing them.. The real issue here is’ the rule of law and the law of rule’. That is a discussion for after the court has heard and ruled on this most important matter.
until such times we have to abide by the constitution Mr.skerrit & all
Would Anthony Astaphan highlight and object to dual citizenship parliment3ians in st. Kitts?
Would multimillion dollar contracts be tendered?
Would we be caught in the middle of a venezuela/iran/us/dutch missile crisis?
Would colas plants be place up wind of villages and next to tourist attractions?
Would wacky rollers have to be suing government just to be able to conduct business?
Would French fishermen who were caught and arrested for fishing illegally in our waters be released?
Would there be nothing done about the countless violent gun related threats to us fishers by french fishers illegally in our own waters?
Would there be such blatant obstruction of justice?
Would so many persons in marigot be told to vacate lands that they occupied for almost 40yrs?
Would there be the hazardous silica exposure to innocent villagers?
Would pur resources be shipped out to and by memebers of the foriegn allegiance
Would there be over 5 yrs of asbestos exposure/ Genocide against the children of Roseau central, the girls guides and scouts be happening despite numerous requests and exposure by the press?
He who does not know their history is doomed to repeat the mistakes of the past.
How did Masacre get its name?
Well while the constitution hasn’t changed… wrong is wrong. And from Captain down to cook have to pay for there deliberate disregard for the aw … Start with Ronald Green and Skerrit.
And by the way I think Dominica does deserve people who are Dominicans not people with dual allegiance. We need our people to lead us… I do not believe “our colonial masters in an attempt to preserve some vestige of their once great empire” … we are in the 21st century not in the dark ages… back then there were a handful of people, now there is a much larger group, so that no longer applies!
Yes Ron, the day before the Election December 17, 2009, what about all the Elections before, what about Eddieson James, he has a British Passport, Earl Willaims was NOT born in Dominica he was born in Southall Middlesex, England. So it is one Rule for the UWP and another rule to everybody else, what a ting!
Seems like with ALLL the talk going around YOU are the only person to know that Edison James has a British passport.
Did you awake feeling illiterate today??
LOL!
@ Joe Done
Obviously you are commenting before reading. Did you notice the part of the article that said that despite the constitution stating that persons holding dual citizenship cannot hold polical office it also states the following(and I’m quoting the article not the constituition): “a member of the Commonwealth, is actually eligible to hold political office and run for election in Dominica”. In my education, I may be wrong, Britain is the head of the Commonwealth and therefore someone holding a British passport can therefore hold political office in Dominica.
I am not supporting that people that may want to do their crimes in D/ca and run back to the next country or countries they are citizens up should be free to be our political leaders and representatives but we have to take politics out of the discussion and see that what the Prime Minister did was wrong, just like Earl doing his crap with those people money and running away with it was wrong.
I love my country but on a wholistic scale we need a new crop of leaders no side is right.