There is no
doubt Overseas Pakistanis are our great assets and are our ambassadors. They
have lot of heartfelt grievances with their homeland governments, which make
tall claims for them but do not fulfil their commitments whereas every incoming
government expects overseas Pakistanis to send more and more foreign
remittances.
I decided
to write for them in depth after my recent visit to Geneva where I met number
of Pakistanis residing over there. I am saddened to state that apart from the
despair of leaving their home, family and country for the sake of better future
and opportunities, they have to go through multiple other issues in their host
countries.
In addition
to the miseries they encounter, their issues are never addressed. The people I
met there posed a number of demands from Pakistani Government, which include,
protection of their families and valuables, legal rights to contest elections
in Pakistan, permission for contribution in improvement of the governance,
improvement in attitude of our diplomatic missions as well as the provision of
easy banking conditions and easy passing through the airports on their return.
Pakistan
being a populous country has seen its labour force moving towards other
countries of the world to find employment opportunities in order to support
their families back at home. The total estimated number of Pakistani overseas
workers and their families is around 9 million today. Over the past 70 years,
migration of Pakistani workers to other countries has been largely for seeking
better employment opportunities, benefits for individuals and their families.
Unfavourable socio-economic conditions and unstable political environment have
been push factors for increasing number of Pakistanis to move to other
countries like Europe, America, East Asia and Gulf States.
Gulf States
have become a principle destination for Pakistani migrants today after the
1970’s oil boom that opened a great avenue for the migrants. A vast majority of
around 4 million Pakistanis is residing in Gulf only. The second largest
community of around 1.5 million is living in Europe as well as the people of
Pakistani origin born abroad. In Europe, around 1.17 million are residing in UK
with 12,891 in Ireland, 215,560 in Canada and 61,913 in Australia. People
living in the USA are numbered as 509,163. These figures are officially
available but I feel the number is much bigger as there is no authentic system
in place to tabulate the exact statistical data for overseas Pakistanis.
According
to a data released by the State Bank of Pakistan in 2017, overseas Pakistanis
sent remittances amounting to Rs. 2137 billion ($20 Billion). The remittances
from USA and European countries as per 2018 are divided as $228.20 million from
UK, $255.78 million from USA, $3.98 million from Ireland, $22.41 million from
Australia and $16.07 million from Canada.
Labour
migrants are the ones that are highly skilled and active professionals leaving
the country on work visas. Malaysia, China, UAE and Kingdom of Saudi Arabia are
recorded to be the top destinations for labour migrants from Pakistan. Most of
them are employed in transport, production or equipment sector mainly.
Dual
nationality issue: Out of many issues being encountered by overseas Pakistanis,
there is an important issue of not being able to take part in any government
activities while holding dual nationality. Pakistanis who have dual citizenship
are not allowed to run for public office, sit in the assemblies, contest
elections or join the Pakistani military. If they wish to hold a public office
they must renounce the citizenship they are holding of some other country. It
has been strongly opposed by the overseas Pakistanis as it is viewed as an
unjust law for them. According to them, it would damage Pakistan economically,
socially and culturally, as it is unfair that a member of Pakistan’s national
assembly’s patriotism is suspected for holding dual nationality.
Marriage
issues: Another major problem that overseas Pakistanis are facing is the
issuance of NICOP. National Identity Card for Overseas Pakistanis (NICOP) is a
registration document issued to eligible citizen of Pakistan who lives or has
residence abroad. I granted the POC facility in my capacity as Interior
Minister to every Pakistani living abroad. Any citizen of Pakistan could apply
for NICOP and travel to Pakistan without requiring a visa in case of dual
nationality; they can open a bank account in Pakistan and also have the right
to buy and sell property in Pakistan.
But adding
to the miseries of overseas Pakistanis for last two years, Interior Ministry
has decided to ban issuance of the relevant Pakistani identity document POC or
the NICOP. Over 3,500 foreign nationals married to Pakistanis were pushed
between a rock and a hard place as their foreign spouses hold moveable or
immoveable properties in Pakistan and bank accounts, and above all they had
lost all the rights Pakistan guaranteed to them under the POC.
Now since
March 2018, NADRA has again started issuing POCs to foreigners married to
Pakistanis. Those who would now be applying for the first time will be given to
them only if they have been married to their Pakistani spouses for last five
years. What an unfair condition? I have taken notice of this injustice and I
will ensure that this condition of five years is waived off.
Remittances:
Foreign remittances play a vital role in Pakistan’s GDP growth as it ranked
among the top remittance receiving countries of the world. In 2017, Pakistan
received $17.9 billion remittances whereas it was $19.8 billion reaching a 2nd
time high in 2016. But it is sad to note that despite being the biggest
contributors in country’s GDP, the remitters/overseas Pakistanis get nothing good
in return. Instead of focusing on negotiating better conditions for exported
Pakistani workers or making good remittance saving plans for the ones who send
back money to their families and communities, government procures development
aid packages that can pad their pockets.
Exploitation
or abuse in host country: Unfortunately, many of the overseas Pakistani workers
experience various forms of abuses or exploitation prior to their departure
and/or in the destination country, such as physical or sexual abuse, exhorted
migration fees and non-placement (after paying the fees). In the destination
country they may not receive their salary, have their documents withheld or
their contracts being under unfair terms and conditions or they may have to
endure pathetic living conditions. Only a few victims of them seek justice.
Filing a complaint, either in Pakistan or in the host country can be formidably
challenging. Even when they successfully register a complaint, some are left
with an unresolved case or an unfavourable outcome. Neither the embassy nor the
Foreign Ministry of Pakistan offers a helping hand if such kind of situation
occurs making the lives of overseas individuals miserable.
Other than
that, a person traveling overseas for employment has no official support. There
are a record fourteen different checks from entering an airport in Pakistan
till you are seated in your airplane seat.
Right to
vote: Overseas Pakistanis, despite several court instructions since decades and
many false promises still have no right to vote in general elections unless
they travel all the way to their respective constituencies. This is an ultimate
example of injustice to overseas workers who work day and night to send money
back to their homeland.
As per the
Citizenship Act 1951, the Government of Pakistan has dual nationality agreement
with 19 countries including United Kingdom and the United States of America
meaning thereby that holding nationality by any Pakistani national residing in
those 19 countries was legal and in accordance with the laws of Pakistan.
However, according to the Article 63(1)(c) of the Constitution read with
Section 14 of Pakistan Citizenship Act, 1951, any person holding dual
citizenship is disqualified from being elected or chosen as, and from being, a Member
of Majlis-e-Shoora(Parliament). This law has numbers of flaws, which need to be
corrected. The flaws include the clash within legislative provisions. I think
that this law needs to be revisited.
The
proposed 21st Amendment to the Constitution of Pakistan would have allowed dual
citizens to hold public office and contest elections, but the amendment could
never be passed when presented by PPP during PML-N’s tenure. I hope that the
present government with its new advisor for Overseas Pakistanis will get this
right to the overseas Pakistanis.
In case of
reservations the government may not consider them for ministerial slots but at
least give them the confidence as being the members of the parliament and
provincial assemblies. Out of total 10 million overseas Pakistanis, hardly 5
per cent would have political ambitions in Pakistan and the rest may not even
be interested in politics.
It is the
high time that the government and the Apex court re-visit their approaches to
overseas Pakistanis/dual nationals, in the larger interests of the country.
Now the
government threw another bombshell for the overseas Pakistanis to register
their phones on arrival at the airport, which I, as member of the Parliament,
have rejected it and I will fight to have this unfair treatment finished.
In the end
I would like to say that we have done a great injustice with Pakistanis-working
or living abroad by naming them as “Overseas Pakistani”. In other words we have
divided Pakistanis into two factions as Overseas Pakistanis and local
Pakistanis where as there is no provision in the constitution for Overseas
Pakistanis. A Pakistani is a Pakistani whether he is local or abroad.
Those who
went to work abroad under compulsion we have discriminated them as overseas
Pakistani and deprived them of many fundamental rights.
When they
return home they are treated differently and this unique discrimination has
been done by none other than our own State itself. I hope the government will
revisit some constitutional anomalies in this connection.
The Article has been Published in ‘’The Nation’’
on December 25th, 2018
The Link to Article is: https://nation.com.pk/25-Dec-2018/637747
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