The Dual National, Citizenship & Human Rights

By Rashantha N. de Alwis-Seneviratne –May 5, 2015

Rashantha N. de Alwis-Seneviratne

The Universal Declaration of Human Rights, which was adopted by the UN General Assembly on 10 December 1948, was the result of the experience of the Second World War. World leaders decided to complement the UN Charter with a road map to guarantee the rights of every individual everywhere. It represents the universal recognition that basic rights and fundamental freedoms are inherent to all human beings, inalienable and equally applicable to everyone, and that every one of us is born free and equal in dignity and rights.

Whatever our nationality, place of residence, gender, national or ethnic origin, colour, religion, language, or any other status, the international community on December 10 1948 made a commitment to upholding dignity and justice for all of us. By becoming parties to international treaties, States assume obligations and duties under international law to respect, to protect and to fulfil human rights.  The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights abuses. The obligation to fulfil means that States must take positive action to facilitate the enjoyment of basic human right

President’s Counsel Dr. Jayampathy Wickramaratne, a member of the Committee on the Draft Amendment to the Constitution, says that being a Sri Lankan citizen is an ‘essential qualification’ for contesting a General Election in the country. This is the law the world over and is not unique to Sri Lanka, that only a citizen of a country can hold public office. That it would be a prerequisite is also common sense as otherwise, anyone from another country could hold public office in Sri Lanka. Having said that, I believe we have a ‘first’ in Mr. Mahendran being a non-national and the head of the Central Bank. However, I am more interested in the rights of a dual national and not of a non-national.

The Deputy Minister of Foreign Affairs, Mr. Ajith P. Perera, said at a press conference recently that, according to the provisions included in the 19th amendment to the constitution, Sri Lankan nationals who possess dual citizenship are not permitted to contest in the General Election.Read More