do not have another citizenship already.107 The 2016 decision by the Government of Pakistan to repatriate Afghan refugees complicated the matter of Afghans married to Pakistanis as NADRA blocked the identity cards of such Afghan women.108 54. A news article has reported109 that there are hundreds of Pakistani women married to Afghan men over the last four decades.110 Pakistani women have protested for the right to have their nationality conferred to their Afghan spouses.111 In January 2017, Pakistani government was said to be considering giving a ‘special legal status’ to Afghan nationals married to Pakistani women but this did not materialize.112 In October 2021, a Pakistani woman married to an Afghan man filed a petition at the Peshawar High Court to declare section 10(2) of the Citizenship Act unconstitutional and discriminatory113 and the case is still ongoing in the said court.114 Recommendations 55. Based on the above information, the co-submitting organisations urge reviewing States to make the following recommendations to Pakistan: I. II. III. IV. Amend section 10 of the Citizenship Act of 1951 with a view to bring it into full compliance with article 9 CEDAW by enabling Pakistani women to transmit their nationality to a foreign spouse on an equal footing with Pakistani men. Adopt and fully implement legislative and policy frameworks to provide equal rights and protection for refugees, asylum seekers and stateless persons in compliance with international norms and standards. Ensure equal implementation of its citizenship laws with a view to extend citizenship to Bengali, Bihari, Rohingya and other stateless children. Implement the Draft National Policy Framework on Human Rights as a means of actualizing the recommendations Pakistan received in its 2020 UPR midterm review to (among others) ensure registration and documentation at birth of children born in Pakistan, including those within the Bengali, Bihari and Rohingya communities; ensure the regularization of legal stay of those without legal status; consider positive measures to prevent statelessness by 107 European Union Agency for Asylum, ‘Pakistan, Situation of Afghan Refugees: Country of Origin Information Report’ (LU: Publications Office, May 2022), [Available at: https://data.europa.eu/doi/10.2847/613763] accessed July 13, 2022. 108 Syed Bukhar Shah, ‘Pakistani Men Who Married Afghan Women Seek Rules Relaxation,’, The News, (Online, 24 October 2016) <https://www.thenews.com.pk/print/159522-Pakistani-men-who-married-Afghan-womenseek-rules-relaxation> accessed July 13, 2022. 109 Ibid. 110 Zaland Yousafzai and Abubakar Siddique, ‘Pakistani Wives Want Their Afghan Husbands Back,’ Radio Free Europe/Radio Liberty, sec. Culture, Ghandara (Online, 16 November 2016) <https://gandhara.rferl.org/a/pakistan-afghan-husband-protest/28121588.html> accessed July 13, 2022. 111 Tariq Ali, ‘Afghans Married to Pakistani Women to Get Special Legal Status,’ Khyber News TV | Pashto News and Current Affairs Channel (Blog, 20 january 2017) <https://khybernews.tv/govt-decides-to-give-legal-status-to-afghan-refugees-who-married-pakistani-nationals/> accessed July 13, 2022. 112 Ibid. 113 Bureau Report, ‘Woman Moves PHC against Denial of Citizenship to Afghan Husband,’ DAWN, (Online, 29 October 2021), <https://www.dawn.com/news/1654597> accessed July 13, 2022. 114 Bureau Report, ‘Peshawar High Court Seeks Govt Response to Plea against Citizenship Act,’ DAWN, (Online, 4 December 2021), <https://www.dawn.com/news/1661815> accessed July 13, 2022. 16