SUB-REGIONAL OVERVIEW: SOUTH ASIA SUB-REGIONAL OVERVIEW: SOUTH ASIA TABLE 50 Afghanistan Status of Accession of International Human Rights Treaties in South Asia Country Afghanistan Laws ⛔ Stateless 2 Citizenship Law ✅ ⛔ Jus sanguinis provisions Treaty ratification status Stipulated by the Law on Citizenship of the Islamic Emirates of Afghanistan, the citizenship legislation of Afghanistan operates through a jus sanguinis structure, providing that a child born within or outside of Afghanistan to two Afghan citizen parents is automatically granted citizenship.2017 Children born within Afghanistan only need to show that one of their parents is an Afghan citizen, and for those born outside of Afghanistan to one Afghan citizen mutual consent between the parents is needed for the child to be recognised as a citizen.2018 A child born to two foreign parents in Afghanistan may elect citizenship upon reaching the age of 18, unless their parent is a foreign diplomat or a member of an international organization.2019 Further if a person who holds no citizenship marries an Afghan citizen, they automatically acquire Afghan citizenship.2020 There is no definition of a stateless person or explicit mention of statelessness in the citizenship legislation of Afghanistan. Stipulated by the Law on Citizenship of the Islamic Emirates of Afghanistan, the citizenship legislation of Afghanistan operates through a jus sanguinis structure, providing that a child born within or outside of Afghanistan to two Afghan citizen parents is automatically granted citizenship. Naturalized citizenship Foreigners or “those who do not have citizenship” may apply for naturalization in Afghanistan, as stipulated by Article 15 of the Law.2021 Eligibility requirements for the application include being 18 years of age, living for at least five years in the territory, and not having committed any crimes during their stay in the territory.2022 There is no simplified or expedited procedure available to stateless persons or refugees. Dual citizenship Dual citizenship is not recognized in Afghanistan. 2023 182 Stateless 1 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) ⛔ Refugee ✅ Signifies that the country is a party to the convention Signifies that the country is not a party to the convention Article 22 of the Law states that, “the nationality of the IEA [Islamic Emirates of Afghanistan] can also be obtained according to the norms predicted in the international treaties unless they contradict the tenets of Islam.”2024 Afghanistan has the highest rate of treaty ratification of any state in South Asia, notably being the only state in the region that is party to the Refugee Convention and its 1967 Protocol. Afghanistan is yet to ratify the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. In 2020, the CEDAW Committee noted that women face barriers to accessing identity cards (tazkira) due to “lack of security, restrictions imposed by male family members, limited mobility or the lack of financial means”.2025 It also cited administrative barriers and corruption faced by women when obtaining identity cards, recommending that Afghanistan raise public awareness of the importance of birth registration for women and their children.2026 As a party to the CRC as well as the ICCPR, Afghanistan is obligated to ensure that every childs’ birth is registered immediately.2027 In 2021, the Security Council unanimously adopted a resolution that stated “the Islamic Emirate of Afghanistan [the Taliban] is not recognized at the United Nations, and furthermore that the UN Security Council does not support the restoration of the Islamic Emirate of Afghanistan”.2028 Despite 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 the Taliban not being recognized as the legitimate government of Afghanistan, as a non-state actor, it is still obligated to uphold the international obligations that Afghanistan is bound to.2029 Despite the Taliban not being recognized as the legitimate government of Afghanistan, as a non-state actor, it is still obligated to uphold the international obligations that Afghanistan is bound to. Population Reported stateless persons Afghanistan reported zero stateless persons to UNHCR since 2019.2030 In 2018, UNHCR noted one registered stateless person in Afghanistan.2031 UNHCR has noted Afghanistan as a country which possesses information about stateless persons but lacks any reliable data.2032 Some independent reports and commentary from UNHCR are available on the situation of semi-nomadic communities of Jat ethnicity (which includes the Jogi, Chori Frosh and Mosuli groups) who were denied access to Afghan identity documents, Tazkeras, and rendered stateless.2033 In 2019, some members of these communities were granted Tazkeras.2034 Discrimination based on their semi-nomadic lifestyle, ancestral origins, and distinct economic practices contributes to their marginalized status, hindering their access to citizenship rights and putting them at risk of statelessness.2035 Afghanistan reported zero stateless persons to UNHCR since 2019. In 2018, UNHCR noted one registered stateless person in Afghanistan. REPORT 2024 183