New Constitution: Women lobby for dual citizenship

New Constitution: Women lobby for dual citizenship

By Phyllis Kachere
Zimbabwe Sunday Mail

WHAT was expected to be an everlasting union has turned into a nightmare for young Alice Ndare (not her real name) who married her Yugoslav boyfriend and relocated to his country in 2004.

As per tradition, Alice immediately assumed her husband’s citizenship.
Dual citizenship is prohibited in her new domicile and this meant renouncing her Zimbabwean citizenship.

One child and four years later, the marriage hit rocky times, resulting in her husband filing for divorce.

Recently, Alice approached the Zimbabwe Women Lawyers’ Association (ZWLA) to seek assistance in the divorce case and in reclaiming her Zimbabwean citizenship.

Without an income and social support in Yugoslavia, life has become a challenge for her. “The husband for whom I renounced my Zimbabwean citizenship has ditched me,” she said.

“All the friends I made in Yugoslavia were through him. Sadly, most of them have now abandoned me because of the fallout I had with my husband.

“Now I am stuck with his citizenship but without him and without social support.”

ZWLA advocacy manager Ms Thoko Thabete said Zimbabwean women were lobbying for dual citizenship to be incorporated under the new constitution.

“Ms Ndare is not alone in this situation. Because of the economic challenges that forced most young Zimbabweans into the Diaspora, many of our young women have found love outside Zimbabwe and some have married foreigners,” said Ms Thabete.

“We all know situations change. When things go wrong, it is usually women and children who become victims.

“That is why there is this strong lobby by women for dual citizenship and the right for them to pass on their citizenship to their children and spouses.”

In reference to Ms Ndare’s case she said:

“In such a situation, Ms Ndare no longer has the previous strong ties with Yugoslavia because her marriage is on the rocks and divorce is likely to be granted,” she said.

“The tragedy of the matter is Ms Ndare is regarded as a citizen of Yugoslavia, a country to which her husband was the only one binding her to it.

“With the husband gone, Ms Ndare’s ties to Yugoslavia have weakened. But had she been allowed to keep her Zimbabwean citizenship, she simply would have come home.”

Ms Thabete said citizenship allowed one to enjoy consular protection when in a foreign country.

“Ms Ndare cannot seek consular protection from the Zimbabwean embassy in Yugoslavia because she is regarded a local, but at the same time she is failing to access social programmes because of a language barrier,” she said.

She added that while politicians disapprove of dual citizenship, the positives on the social side outweigh the political negatives.

In terms of the current Zimbabwean Constitution, a person who is married to a Zimbabwean and has been ordinarily resident in Zimbabwe for at least five years since the marriage is entitled on application to become a Zimbabwean citizen by registration.

This amendment was effected by Act number 1/2009.

Prior to this amendment, a woman married to a Zimbabwean citizen was entitled to apply for citizenship by registration.

However, a man married to a Zimbabwean woman did not have the same entitlements. This issue was brought to court in the Rattigan citizenship case.

According to the Women and Law in Southern Africa (WLSA) the old position meant women did not have to wait for five years.

It seems as if when women challenged this position vis-a-vis their foreign husbands, the law in its “majestic neutrality” decided to create similar conditions.

There have been these allegations that some foreign men marry Zimbabwean women just to get citizenship and they go on to dump them after attaining it.

WLSA has also recommended that: “Women must have the same right to acquire and pass on Zimbabwean citizenship as men.

“Article 9 of the Convention on the Elimination of Discrimination Against Women (Cedaw) recommends that women and men should have equal rights in terms of citizenship.”

Ms Thabete said spouses of Zimbabwean women should have the same rights of residence and/or citizenship as those of Zimbabwean men.

Article 8 (5) of the Sadc Protocol on Gender and Development states that parties shall put in place legislative provisions that ensure married women and men have the right to choose whether to retain their nationality or acquire that of their spouse.