Report on Citizenship Law: Afghanistan
that “acquisition of the citizenship of the Republic of Afghanistan by one of a couple does
not affect the citizenship of the other or of children who have reached the age of eighteen.”
Voluntary and involuntary loss of citizenship were also outlined in the law. According to
Article 33, involuntary deprivation could take place in the following cases:
•
If a person harmed the interests, credibility, reputation and security of Afghanistan
through hostile acts;
•
If treason was committed against the people and country;
•
If the person served in the armed forces or a civilian organisation of a foreign state
without permission from the Afghan authorities.
The 1986 law on citizenship of the Democratic Republic of Afghanistan was
abolished in 1992 and replaced by the law on citizenship of the Republic of Afghanistan on
15 March 1992. In this law there were no major changes except for some formalities and
administrative procedures for the renunciation of citizenship and conditions for voluntary
renunciation and involuntary deprivation of citizenship. Under this law, an application for
renunciation of citizenship was to be approved by parliament and signed by the president,
while deprivation of citizenship could be decided through a final court verdict. Article 25 set
out the cases in which an application for renunciation of citizenship could be rejected: 1) the
applicant did not fulfil his or her obligations and responsibilities towards the government; 2)
the applicant had financial responsibilities towards government institutions, social
organisations and citizens, and non-fulfilment could harm these institutions and citizens; 3)
the applicant was accused and convicted of a crime; and 4) renunciation of citizenship could
harm national security.
As for deprivation of citizenship, in Article 31 the law stipulated that deprivation of
citizenship could take place in the case of persons who: 1) were convicted of a crime or
treason against the homeland and people; and 2) were in the service of armed forces of a
country which was at war with Afghanistan.
The 1992 law was subsequently abolished and replaced with a law on citizenship of
the Islamic Emirate of Afghanistan on 11 June 2000, which will be in force until a new draft
law on citizenship is approved by parliament, signed by the president and published in the
Official Gazette. Therefore, it is important to note that no major changes occurred during the
period 1964-2016. Afghan citizenship legislation still followed the legal principles adopted in
the various previous legislative periods. The content of the current law is described below.
3. The current citizenship regime
Cultural commonalities, social relations and political trends provide the grounds for foreign
citizens to obtain a country’s citizenship through specific rules. Most states have developed
rules and regulations for the acquisition and loss of citizenship because the issue of
citizenship is at the core of the functioning of a modern state. As a member of the
international community, Afghanistan updated its modes of citizenship and the rules for the
acquisition and loss of it with the 1936 law on citizenship soon after its adoption of the 1930
RSCAS/GLOBALCIT-CR 2017/9 - © 2017 Author
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