Report on Citizenship Law: Afghanistan therefore neither prohibits nor explicitly allows members of parliament to have dual nationality. However, the silence of the legislator does not mean that those with dual nationality cannot run in parliamentary elections, because in the 2010 parliamentary election the Electoral Complaints Commission dealt with some cases in which the individuals concerned were dual nationals. The commission investigated the cases of dual nationality candidates and decided that since dual citizenship for parliamentary candidates is not explicitly prohibited either in the constitution or in the electoral laws candidates who have dual nationality were eligible to run for election. Article 72 of the constitution, which deals with the eligibility criteria regarding candidate ministers, stipulates that a person who is appointed as a minister “must only have the citizenship of Afghanistan. Should a nominee for a ministerial post also hold the citizenship of another country, the Wolosi Jirga (House of Representatives) shall have the right to confirm or reject his or her nomination.” This Article thus opens the way towards dual nationality and even gives authority to the executive branch to nominate dual nationality candidates for ministerial positions, but the Wolosi Jirga retains the right to approve or reject the eligibility of candidate ministers. Dual nationality of candidate ministers is a significant issue in Afghanistan because during the 15th round of parliament (2006-2010) many candidates who held dual nationality obtained the necessary votes and were appointed as ministers. A conflict over dual nationality between the legislative branch and executive branch inter alia concerned the Minister of Foreign Affairs, with parliament giving its vote of confidence on the condition that the Minister of Foreign Affairs renounce his foreign citizenship within three months. However, the minister ignored this request and did not abandon his foreign citizenship. In May 2007, parliament summoned him and gave him a vote of no confidence based on his inability to avoid the deportation of migrants from Iran, along with other reasons such as his dual citizenship, but the president and some European countries (especially Germany) backed the minister and he continued in his position until the end of the presidential period. A survey conducted by the Pajhwok news agency indicates that the population has different perspectives with regard to the dual nationality of candidate ministers. Those opposed argued that dual nationality for candidate ministers provided them with the possibility of seeking asylum and entailed a risk of lack of loyalty and spying. Therefore, they proposed using local talent or forcing dual nationals to renounce their second citizenship. According to the survey, 27 per cent of the respondents argued that ministers with dual nationality involved in corruption could escape and seek asylum in other countries, while 24 per cent said ministers with dual nationality could not work efficiently due to a clash of interests between the countries they belong to. However, the respondents who supported dual nationality argued that candidate ministers with dual nationality could attract assistance for Afghanistan and that they had international experience, professionalism and honesty. According to the survey, 33 per cent of the respondents supported candidate ministers with dual nationality.22 Ordinary Afghan laws have never allowed dual nationality for Afghan citizens. When an Afghan man and woman marry the law stipulates measures to prevent them from acquiring dual nationality. Article 7 of the law on citizenship prohibits dual nationality and stipulates that “Anyone who, according to the orders of this law, is a citizen of Afghanistan cannot hold double nationality.” In order to prevent dual nationality, the Ministry of Justice intends to make the acquisition and loss of citizenship more simple. Article 9 of the draft citizenship law (2017) provides for voluntary renunciation by stipulating that “Afghan citizens who obtain the 22 http://www.elections.pajhwok.com/en/2015/01/26/64pc-afghans-against-ministers-dual-nationality. RSCAS/GLOBALCIT-CR 2017/9 - © 2017 Author 13