Vanuatu’s Court of Appeal, the country’s highest court, has ruled that citizens who obtained their passports through the Development Support Program (DSP) are considered “dual citizens” under the Constitution. As a result, they are barred from voting, holding public office, and participating in local politics, even if they later lose their original nationality.

Once a Dual Citizen, Always a Dual Citizen

The Court held that dual-citizen status attaches when citizenship is granted through the citizenship by investment pathway. Any subsequent loss of foreign nationality does not affect this status. Investor citizens therefore remain in a separate constitutional category and cannot move into the indigenous or naturalized citizen categories.

Restrictions on Political Participation

Under Article 13(3) of the Constitution, dual citizens cannot vote, hold public office, or participate in local politics. The restrictions are intended to prevent external influence over Vanuatu’s elections, particularly given the country’s small electorate and the potential for investor citizens to form significant voting blocs.

The Investor’s Previous Legal Challenges

The case was the investor’s second unsuccessful legal challenge against the state. He had previously challenged the recruitment process for Vanuatu’s High Commissioner to India. The Court’s latest ruling confirms that the constitutional restrictions also prevent DSP citizens from accessing certain diplomatic and public positions, regardless of their professional qualifications or contributions to Vanuatu.

Voting Rights Across the CBI Market

Vanuatu has adopted one of the strictest approaches to political rights among major CBI jurisdictions. Turkey allows investor citizens to vote without distinction, while Egypt imposes a five-year waiting period and Malta and several Caribbean programs link voting rights to residence requirements. Vanuatu, by contrast, permanently excludes DSP citizens from political participation, regardless of how long they remain in the country or whether they lose their original nationality.

Summary

The ruling followed an appeal by an Indian-born investor who acquired Vanuatu citizenship through the DSP in 2021. Although Indian law automatically terminated his Indian citizenship after he obtained Vanuatu nationality, the Court held that losing his original citizenship did not change his constitutional status as a dual citizen.