Abdullah Athayi
citizenship of another country can abandon their Afghan citizenship.” A citizen who obtains
the citizenship of another country would in that case submit his or her application to renounce
Afghan citizenship to Afghan embassies or consulates abroad or to relevant sections of the
Ministry of Foreign Affairs inside the country. Clause 3 of Article 9 of the draft law provides
the means for re-acquisition of Afghan citizenship and stipulates that “A person who
according to the orders of this law abandons the citizenship of Afghanistan can apply for reacquisition of the citizenship of Afghanistan.”
3.2.
Specific rules and statuses for certain categories of persons
According to Article 2 of the law on citizenship, “ the citizenship of Afghanistan is equal and
similar for all citizens.” However, citizens who obtain the citizenship of Afghanistan other
than by birth may enjoy limited rights in certain respects. For example, a person who acquires
citizenship cannot become president but he or she can engage in political activities and be
nominated or appointed to senior elected bodies after completion of a specific time period.
The presidency is the highest authority of a country, representing the will of the
nation inside and outside the country. Therefore, national constitutions stipulate strict
eligibility conditions. The Afghan constitution not only dictates that candidates can only have
one citizenship but also that they should be born to Afghan parents. Article 62 (1) states that
“an individual who becomes a presidential candidate shall be a citizen of Afghanistan,
Muslim, born to Afghan parents and shall not be a citizen of another country.”
Article 85 (1) of the Afghan constitution, which sets out the conditions for obtaining a
parliamentary seat, stipulates that “an individual who becomes a candidate or is appointed to
the membership of the national assembly, in addition to winning an election, shall be a citizen
of Afghanistan or shall have obtained citizenship of the state of Afghanistan at least ten years
prior to the candidacy date or appointment.” To exercise political rights and vote in elections,
and to receive nominations to provincial, district and village councils and for municipal
elections, the electoral laws of Afghanistan only require the person to hold the citizenship of
Afghanistan. Article 12 (1), which sets out the requirements for voters, indicates that eligible
voters should have the citizenship of Afghanistan, as do articles 15, 16, 17 and 18 of the
election law, which stipulate the conditions for candidates to provincial, district and village
councils and in municipal elections. Therefore, when a person acquires the citizenship of
Afghanistan, he or she can present his or her tazkira to the relevant institutions and not only
obtain a voting card but he or she can also nominate himself or herself as a candidate in
provincial council elections, district and village council elections and municipal council
elations.
It is important to note that the new draft law on citizenship (2017) bans political
activity by persons who have obtained Afghan citizenship for a certain period of time. Article
28 stipulates that “foreign citizens who acquire the citizenship of Afghanistan shall not have
the right to establish political parties for ten years.”
14
RSCAS/GLOBALCIT-CR 2017/9 - © 2017 Author
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