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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents