SUB-REGIONAL OVERVIEW: SOUTH ASIA SUB-REGIONAL OVERVIEW: SOUTH ASIA Pakistan Laws Citizenship Law Jus sanguinis and jus soli provisions The citizenship law of Pakistan, stipulated by The Pakistan Citizenship Act (1951), operates through both jus sanguinis and jus soli provisions. Jus sanguinis provisions provide that a child born outside of Pakistan to a Pakistani citizen by birth automatically acquires Pakistani citizenship, while those born to a citizen by descent must register the birth.2307 There is no definition of a stateless person or statelessness in Pakistan’s citizenship legislation. The citizenship law of Pakistan, stipulated by The Pakistan Citizenship Act (1951), operates through both jus sanguinis and jus soli provisions. Pakistan’s jus soli provisions have been interpreted to provide citizenship to all children born on the territory of Pakistan, except those whose fathers have diplomatic immunity, or are enemies or aliens (despite the terminology used being “enemy aliens”).2308 This interpretation has broadly limited the application of the jus soli provisions to exclude children born to foreigners (or ‘aliens’) in the territory.2309 The provision has resulted in discretionary implementation of the jus soli provision which has excluded a number of groups from accessing citizenship by birth.2310 However, recent court decisions have begun to address these implementation issues. A High Court ruling in 20222311 and a Supreme Court decision in 20232312 both ruled that all children born in Pakistan are entitled to Pakistani citizenship by birth. The High Court ruling in 2022 resulted from the hearing of the case of an Afghan refugee born in Pakistan who applied for citizenship in the Court.2313 The Court ordered that the Afghan refugee be granted Pakistani citizenship and that only a birth certificate is needed to certify Pakistani citizenship.2314 However, the implementation of this ruling is A High Court ruling in 2022 and a Supreme Court decision in 2023 both ruled that all children born in Pakistan are entitled to Pakistani citizenship by birth. 208 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) highly questionable due to lack of political will.2315 The 2023 Supreme Court decision is discussed in further depth below. on the Reduction of Statelessness, and the 1951 Refugee Convention and its 1967 Protocol. In 2017, the Human Rights Committee expressed concerns regarding Pakistan’s low birth registration rate, recommending the country to intensify its efforts to ensure all children are registered at birth.2322 The same concerns were expressed in 2017 by the CESCR Committee and in 2016 by the CRC Committee.2323 The CRC Committee recommended that Pakistan ensure the timely registration of births for all children, including those from marginalized groups who experience lower access to birth registration such as children born out of wedlock and refugee and internally displaced children.2324 The Committee further recommended the country to remove fees required for birth registration, implement mobile registration units, and “ensure that children lacking identity documents are not refused access to education, health and public services”.2325 As a party to CRC, Pakistan is responsible for ensuring that all births are registered immediately, that no child be left stateless, and that all children have the right to acquire a nationality.2326 Naturalized citizenship In order to be eligible for naturalization in Pakistan, the applicant must have resided in Pakistan for one year prior to application and during the 7 years before that one year, must have resided in the country for a total of 4 years, among other requirements.2316 There is no simplified or expedited procedure available for stateless persons or refugees. Dual citizenship Dual citizenship is generally not permitted in Pakistan2317. Pakistani citizens who acquire another citizenship renounce Pakistani citizenship.2318 However, dual citizenship is permitted for 21 countries which Pakistan has dual nationality agreements with.2319 Previously, Pakistani diaspora who had renounced their Pakistani citizenship in order to acquire citizenship of another country who Pakistan later entered into a dual nationality agreement with had no avenue to reacquire their Pakistani citizenship.2320 With the enactment of the Pakistan Citizenship (Amendment) Bill (2022), Pakistani diaspora can now reacquire Pakistani citizenship in this scenario.2321 With regards to Afghan refugees, the CESCR Committee also recommended that Pakistan allow unregistered Afghans to obtain legal residential status, investigate and bring justice to cases of police abuse against unregistered Afghans, and facilitate the protection of refugees, asylum seekers, and stateless persons through legislation and policy.2327 The CRC Committee also expressed concern in 2016 regarding the lack of registration of refugee children in Pakistan which limits their access to education and leaves them Treaty ratification status Pakistan is a party to all five core human rights treaties (ICCPR, ICESCR, ICERD, CRC, and CEDAW) with no relevant reservations, but has yet to ratify the 1954 Convention relating to the Status of Stateless Persons, the 1961 Convention TABLE 59 Status of Accession of International Human Rights Treaties in South Asia Country Pakistan ✅ ⛔ Stateless 1 ⛔ Stateless 2 ⛔ Refugee Signifies that the country is a party to the convention Signifies that the country is not a party to the convention ⛔ ICCPR ✅ ICESCR ✅ ICERD ✅ CRC ✅ CEDAW ✅ Stateless 1 - 1954 Convention relating to the Status of Stateless Persons Stateless 2 - 1961 Convention on the Reduction of Statelessness REPORT 2024 209