2011] AN INTERNATIONAL LAW OF CITIZENSHIP 737 to allow dual citizenship for emigrant populations but have been slow to permit it for immigrants.300 The differential treatment may not be able to withstand antidiscrimination critiques, with the end result that dual citizenship will be broadly accepted however acquired.301 Recognition of dual citizenship for immigrants is also reinforced by a territorial/civic conception of access to citizenship. Insofar as a bar on dual citizenship acts as a deterrent to naturalization among immigrants,302 it increases the number of habitual residents present without citizenship. Rules against dual citizenship thus burden the exercise of political rights and the achievement of equal status in the place of residence.303 CERD has connected these dots in the context of Germany’s continuing reluctance to accept the status.304 States are also obliquely confronting a prospective right to dual nationality in the context of officeholding. Several countries constitutionally bar dual citizens from selected government positions, usually including elective office. Among them are Australia,305 Bangladesh,306 Ghana,307 Jamaica,308 Latvia,309 and Malawi.310 Several of these regimes have come under attack.311 In the United States, the federal government recently eliminated adverse presumptions associated with dual citizenship in relation to security clearances for federal and 300 JOPPKE, supra note 2, at 63– 64. See Faist, supra note 274, at 176 (noting that proliferation of “exception groups” from bars on dual citizenship could broaden acceptance of the status). 302 See, e.g., Michael Jones Correa, Under Two Flags: Dual Nationality in Latin America and Its Consequences for Naturalization in the United States, in RIGHTS AND DUTIES OF DUAL NATIONALS, supra note 4, at 303 (establishing empirically that dual citizenship rules affect naturalization rates). 303 Spiro, supra note 274, at 124 –26; see also Gerdes, supra note 290, at 63– 64 (noting prominence of equality argument among proponents of dual citizenship in Germany); Schröter, supra note 295, at 113, 115 (reporting German perception that dual citizenship will ease integration and advance equality). 304 CERD, Concluding Observations: Germany, para. 20, UN Doc. CERD/C/DEU/CO/18 (2008) (“The Committee recommends that the State party facilitate acquisition of German citizenship by long-term residents and persons born in Germany in order to promote the integration of such residents as may wish to acquire German citizenship without relinquishing their own.”) 305 AUSTRALIAN CONSTITUTION s 44 (disqualifying any person who “is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power”); AUSTRALIAN ELECTORAL COMMISSION, ELECTORAL BACKGROUNDER: CONSTITUTIONAL DISQUALIFICATIONS AND INTENDING CANDIDATES 3 (2010), at http:// www.aec.gov.au/About_AEC/Publications/backgrounders/files/2010-eb-constitutional-disqual-intending-candidates. pdf (dual citizens barred from running for parliament). 306 CONSTITUTION OF THE PEOPLE’S REPUBLIC OF BANGLADESH Art. 66. 307 CONSTITUTION OF THE REPUBLIC OF GHANA Art. 94 (person who “owes allegiance to a country other than Ghana” disqualified from running for parliament). 308 JAMAICA ORDER IN COUNCIL, 1962 [Constitution] sec. 40. 309 CONSTITUTION OF THE REPUBLIC OF LATVIA Art. 37 (“A person with dual citizenship may not be elected President.”). 310 CONSTITUTION OF THE REPUBLIC OF MALAWI Arts. 51, 80. 311 See, e.g., MANBY, CITIZENSHIP LAWS IN AFRICA, supra note 5, at 74 –75 (describing controversy in Egypt over court-imposed bar on dual nationals in parliament); Gianni Zappala & Stephen Castles, Citizenship and Immigration in Australia, in FROM MIGRANTS TO CITIZENS, supra note 5, at 32, 58 – 62 (describing debate in Australia); Referendum Necessary to Change Dual-Citizenship Laws, GLEANER (Apr. 9, 2009), at http://www.jamaica-gleaner. com/gleaner/20090409/lead/lead6.html ( Jam.) (characterizing ban on dual citizen officeholders as “absurd”); Agyenim Boateng, Ghana Dual Citizens Demand for Equal Rights: A Human Rights Issue, MOD. GHANA (Oct. 23, 2008), at http://www.modernghana.com/news/187757/1/ghana-dual-citizens-demand-for-equal-rights-a-huma. html; George Graham, Banning Dual Citizens from Public Service May Be Cutting Off Jamaica’s Nose to Spite Its Face, JAMAICANS.COM (Aug. 31, 2009), at http://www.jamaicans.com/articles/primecomments/banning-dualcitizens-from-public-service-may-be-c.shtml; Charles N. Nkansah, Ghana’s Dual Citizenship Law: A Case for Reexamination?, GHANAWEB.COM (Nov. 30, 2007), at http://www.ghanaweb.com/GhanaHomePage/features/ artikel.php?ID⫽134856. 301 This content downloaded from 82.196.111.31 on Thu, 07 Oct 2021 15:20:30 UTC All use subject to https://about.jstor.org/terms