Saying that it is prepared to take legal action, the main parliamentary opposition, APNU+AFC, has demanded that Parliament Office make public Tourism Minister Oneidge Walrond’s Certificate of Renunciation that confirms she has given up American citizenship.
In a letter, dated October 30th, opposition member Roysdale Forde gave both Clerk Sherlock Isaacs and Speaker Manzoor Nadir a 24-hour deadline to either publish the certificate or face court action.
Both men confirmed to Stabroek News yesterday that they had not received Forde’s letter and attempts to contact him on whether he had proceeded with court filings were unsuccessful.
“The inaction by yourself and the Speaker of the National Assembly in the face of the unconstitutional appointment of Mrs. Oneidge Walrond is unacceptable and constitutes a violation of your obligation to uphold the Constitution of Guyana,” his letter states.
Forde specifically referenced an October 25th letter sent by APNU+AFC Chief Whip Christopher Jones, which first requested that the certificate be made available to the opposition.
The party contends that Walrond was not qualified to be appointed as a Minister of Government and or Member of Parliament and therefore her appointment was in breach of the Constitution and consequently invalid.
“We are of the firm view that Mrs. Oneidge Walrond is not lawfully a member of the National Assembly and ought to be so declared. We are also of the view that the failure to respond to the aforesaid Letter by supplying a copy of the Certificate of Renunciation is most untenable,” Forde’s letter contends.
Isaacs, however, maintains that he did respond to Jones’ letter.
“I have seen the letter dated October 25 and responded to Mr Jones advising that the matter is receiving my attention and I will inform him when it is concluded,” he said, while explaining that he was still awaiting legal advice that he had sought.
As to the October 30th letter, Isaacs said, “I have not seen it.”
Nadir, who is mentioned in the letter, also told Stabroek News that he has not received the correspondence.
“I have not been in office since we’ve had meetings with the International Parliamentary Union but I have seen news reports on the matter and will be sure to address it tomorrow [today],” he explained.
Walrond has been accused of taking the Oath of an MP while still possessing American citizenship in direct violation of a constitutional prohibition on dual citizens being eligible for elections as members of the Assembly, although her status as a technocrat minister has seen legal arguments suggesting that the provision would not apply in her case.
The APNU+AFC has been demanding that Walrond either produce a certificate dated before her swearing in or resign her position.
Walrond, in turn, has said that two weeks after she was invited to join the Cabinet, she wrote to the US Consular office renouncing her US citizenship with immediate effect. She said she was then informed of the administrative procedure she was required to comply with in order to obtain a Certificate of Loss of Nationality.
“I complied with that process by August 27. I have since received the Certificate of Loss of Nationality,” Walrond had said via a public statement.
She has not provided a date of the certificate. This, however, might not be necessary if the other date provided by Walrond are accurate.
According to Section 349(a) (5) of the Immigration and Nationality Act (8 U.S.C. 1481), a U.S. citizen shall lose U.S. nationality by voluntarily making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State.
“You will be considered to have ceased to be a US citizen from the day that you take the oath of renunciation, but it is likely to take several months before you receive your Certificate of Loss of Nationality (CLN),” a State Department website goes on to note.
A citizen who applies for renunciation is expected to complete Form DS-4080: Oath/Affirmation of the Renunciation of the Nationality of the United States, Form DS-4081: Statement of Understanding Concerning the Consequences and Ramifications of Renunciation or Relinquishment of U.S. Nationality and any other forms determined necessary to support the Loss of Nationality.
