Report on Citizenship Law: Afghanistan
•
Automatic naturalisation applied to foreign citizens who had hidden their citizenship
of origin during their stay in Afghanistan and had conducted transactions regarding
property or real estate as Afghan citizens, bought properties which were restricted to
Afghans, or owned assets, livestock, a business or agricultural interests;7
•
Foreign citizens who were recruited abroad to serve the Afghan government for more
than five years or contributed to Afghan public interest could obtain Afghan
citizenship, regardless of the time consideration stipulated in Article 7;8
•
The common method for naturalisation, which is still applicable today, was that
foreign citizens who had resided in Afghanistan for five years either consecutively or
cumulatively, and had not committed any crimes during their stay, could apply for
naturalisation (Article 9).
The law made renunciation of citizenship dependent on confirmation by the High
Council of Ministers. The person needed to have reached the legal age of eighteen years, and
was obliged to sell all his or her real estate within one year of the time of loss of citizenship
(Article 16).9 If regardless of the consideration under Article 16 Afghan citizens obtained a
foreign citizenship, their Afghan citizenship could not be withdrawn but they would be
deprived of any government position they may have held. This meant that the government
could not arbitrarily remove the citizenship of an Afghan citizen, but the choice was left to
the citizen to decide whether to renounce or maintain Afghan citizenship.
The law also reserved the right for the government to forcefully remove Afghan
citizenship from the following categories of persons: 1) persons who served in the armed
forces or civil services of foreign states; 2) persons who conducted their business in
Afghanistan and failed to meet their social and public obligations; 3) persons who resided in
a foreign country and had no contact nor interest in ensuring relations with Afghan embassies
and consulates; 4) persons who committed treason and had fled the country; and 5) persons
who issued propaganda which was against the general and national interests of Afghanistan
(Article 18).
The 1936 law on citizenship applied the ‘dependant principle’ of citizenship10 to the
citizenship of married women. Thus, when an Afghan woman married a foreigner she lost her
Afghan citizenship. However, she was readmitted as an Afghan citizen after divorce from her
foreign husband or after his death. In both cases, she had to present a document of proof of
separation. The same provision applied to an alien woman who married an Afghan citizen,
7
Article 6 stipulated that “persons who entered Afghanistan from foreign countries, who concealed their
original citizenship, who have been treated as Afghan citizens, who have purchased property in Afghanistan
reserved for Afghan citizens, who own herds, or who have been engaged in trade or agriculture in Afghanistan
shall be considered citizens of Afghanistan.”
8
Article 7 provided that “foreign nationals who have been in the services of the Afghan government abroad for
five years or people who have rendered considerable service to the cause of Afghanistan shall be accepted as
Afghan citizens provided that they make the necessary application and meet the residence requirement defined
in article 9 herein.”
9
Article 16 stipulated that “no Afghan national can renounce his citizenship until he has reached the adult age
and the Council of Ministers has approved his renunciation. He should also have undertaken to sell all
immovable property that he may own or inherit within one year of his renunciation.”
10
Article 7 stated that “An Afghan woman who marries an alien man according to religious rules will not be
recognised as an Afghan citizen, but if she is separated either by divorce or the death of the husband and upon
presenting documents of proof, she can be counted as an Afghan citizen.” Article 12 provided that “An alien
woman who marries an Afghan man will be an Afghan citizen. If the woman is a widow or divorced and has
children from a previous husband, her children will be Afghan citizens, unless they present an application
within six months after reaching the legal age indicating that they accept their father’s citizenship, in which case
they will be deprived of Afghan citizenship.”
RSCAS/GLOBALCIT-CR 2017/9 - © 2017 Author
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