Monrovia – The issue of citizenship in Liberia continues to take center stage of the debate as the country heads to elections in October.
From the recent constitution review process, it is cleared that Liberians in the Diaspora support dual citizenship while most Liberians home are opposite to their kith and kin abroad. On the issue of having a racist constitution some intellectuals including Dr. H.B. Fahnbulleh termed our constitution as the most racist constitution in modern time.
One of Liberia’s best legal scholars, Cllr. Seward Montgomery Cooper gave an in depth analysis of citizenship in Liberia.
Cllr. Cooper segmented Liberian citizenship in three parts, the limitation of citizenship to a particular race; Dual citizenship; and Loss of Liberian citizenship.
A Pan-Africanist and Anti-Corruption crusader, Dr. P.L.O Lumumba during his visit to Liberia spoke strongly against dual citizenship thus discouraging voters from electing leaders with more than one nationality.
Cllr Cooper’s paper focuses mainly on Liberian citizenship acquire by birth than by naturalization.
“Generally, citizenship is acquired by naturalization or by birth.”
“This paper does not deal with Liberian citizenship acquired by naturalization. It examines Liberian citizenship acquired by birth.”
Cooper furthered: “Citizenship by birth is of two types. It can be acquired by jus sanguinis or by jus soli.
The laws of some countries recognize both. Jus sanguinis is “by right of blood.
“The principle that a person’s citizenship is determined by the citizenship of the parents – Liberia subscribes to jus sanguinis.”
Cllr. Cooper said one can be a Liberian by birth if at the time of one’s birth, the parent was a Liberian citizen.
Jus soli refers to the law of the place of a person’s birth.
“The principle that a person’s citizenship is determined by place of birth rather than by the citizenship of one’s parents.”
The United States of America subscribes to both jus sanguinis and jus soli.
In this presentation, Limitation of Liberian Citizenship by Race Using legal tools, Cllr. Cooper first seek to look at the sequential development of Liberia’s citizenship laws in the historical context.
“Dr. Mary Antoinette Brown Sherman, a former President of the University of Liberia, observes that the concept of the 2 Black’s Law Dictionary 6th Edition p.862 3 Under earlier laws (jus soli) all persons of Negro descent born in the Republic of Liberia and subject to Liberia’s jurisdiction are citizens of Liberia.”
“This would be so even if the parents were aliens and were not present for diplomatic reasons or otherwise exempted,” Cllr. Cooper said.
The legal scholar said Liberia’s citizenship laws have been evolving, adding that it has been based consistently on a protectionist approach.
“This is not to suggest that other nation-states do not also have protectionist citizenship laws.”
Cllr Cooper further argued that the essential feature of Liberia’s approach is that it is race-based, adding that whether there exists a continuing rational basis for the exclusion or a compelling reason to limit Liberian citizenship in such a race-based manner is for a socio-political-economic discussion.
“My examination is from an historical and legal perspective. Despite popular thinking the restriction to Negroes or persons of Negro descent, came originally from the white founders of the American Society for the Colonization of the Free People of Color (the ACS),”
“Liberia was expressly founded for the “free people of color” whose origin, it is true, lay in indentured servitude and slavery. However, their social status, no matter how ambiguous, ranked above the 6 slave population. It was the presence of this group, the free blacks, that was deemed ‘unwholesome’ by the slaveholding population of the United States.”only persons who are Negroes or of Negro descent shall qualify by birth or by naturalization to be citizens of Liberia.”
According to Cllr. Cooper, this provision, notwithstanding, Liberia is signatory to several international conventions on human rights that bar discrimination on the bases of race or color.
“Those treaties and conventions are subordinate to the Constitution, which provides at Article 2: “
“This Constitution is the supreme and fundamental law of Liberia and its provisions shall have binding force and effect on all authorities and persons throughout Liberia. Any laws, treaties, statutes, decrees, customs and regulations found to be inconsistent with it shall, to the extent of the inconsistency, be void and of no legal effect.”
Cllr. Cooper said the Supreme Court, pursuant to its power of judicial review, is empowered to declare any inconsistent laws unconstitutional.
“It is therefore reasonable to assert that the provisions of the Constitution which limit Liberian citizenship to Negroes or persons of Negro descent would be upheld against a challenge based on international conventions or treaties to which the Government has subscribed and which have been ratified.”
Cllr. Cooper quoting the constitution said no citizen of the Republic shall be deprived of citizenship or nationality except as provided by law; and no person shall be denied the right to change citizenship or nationality.
“The provision of the Constitution that speaks directly to dual citizenship is found in the first full sentence of Article 28: 12 “Any person, at least one of whose parents was a citizen of Liberia at the time of the person’s birth, shall be a citizen of Liberia; provided that any such person shall upon reaching maturity renounce any other citizenship acquired by virtue of one parent being a citizen of another country.”
He continued: “Dual Citizenship Chapter IV at Articles 27 and 28 of the 1986 Constitution deal with Citizenship: 11 “Article 27: a) All persons who on the coming into force of this Constitution were lawfully citizens of Liberia shall continue to be Liberian citizens. b) In order to preserve foster and maintain the positive Liberian culture, values and character, only persons who are Negroes or of Negro descent shall qualify by birth or by naturalization to be citizens. c) The Legislature shall, adhering to the above standard, prescribe such other qualification criteria for and the procedures by which naturalization may be obtained.”
Cllr Cooper said no requirement exists for renunciation of Liberian citizenship where both parents at the time of the person’s birth are or were Liberian citizens.
“This conclusion derives, among other factors, from rules of interpretation and legal maxims. 13 The Constitution expressly states the circumstance under which a person who holds more than one citizenship must renounce the non-Liberian citizenship.”
“That circumstance is when a parent is not a Liberian citizen and the other citizenship is acquired by virtue of that non-Liberian parent’s foreign citizenship.”
“A rule of interpreting laws requires that when certain persons or things are specified in a law, an intention to exclude all others from its operation may be inferred. Under this maxim, if a statute specifies one exception to a general rule or assumes to specify effects of a certain provision, other effects are excluded.”
This is the rule concisely stated: expressio unius est exclusio alterius. It is also stated as expressio unius personae est exclusio alterius. Simply put: The mention of one person means the exclusion of another.
Therefore, since only a particular category of persons is mentioned in the Constitution, the provision is applicable only to that category of persons and no one else. Moreover, the rules of interpretation also provide that all things that are not expressly prohibited, when there exists expressed prohibitions, those things are permissible.
The maxim in Latin is: permissum videtur in omne quod non prohibitum.