Abdullah Athayi
citizens to acquire Afghanistan citizenship was mentioned in the law,3 but the Great State of
Afghanistan had full discretion to grant citizenship to foreigners or not according to national
interests. Since this was the first experience with legislating on citizenship matters, a
comprehensive law on citizenship could not be expected at that time. Therefore, the law did
not elaborate on naturalisation or other grounds for acquisition, or on the relevant conditions
and effects. Moreover, the law did not regulate the loss of citizenship.
2.2 Citizenship during the Osolnama period (1932-1964)
Afghan legislation developed greatly during the Osolnama period. The first parliament was
established on 10 September 1931, leading to an improvement in Afghan legislation in
general and in citizenship rules in particular. The parliament approved laws, treaties and
bilateral agreements. Moreover, since one of the main tasks of a parliament is to propose
legislation, the legal advisors and lawmakers enriched the laws by examining various national
and international sources. At the international level, important steps towards the codification
of citizenship law were made by the 1930 Hague Convention,4 which affected Afghan
national legislation. It is quite clear that, in addition to drawing on the law on citizenship of
1922, Afghan legislators benefited greatly from the 1930 Convention when they approved a
new law on citizenship on 7 November 1936. From a legal perspective, the principles
adopted in the law on citizenship closely followed the rules and principles of the Hague
Convention and enriched the law with international rules and standards.
For the first time in Afghan law, the ius soli principle was brought in to complement
the ius sanguinis principle. The lawmakers distinguished between citizenship through origin
and naturalisation and the conditions for naturalisation to Afghan citizenship were
determined. Subsequent laws not only laid down the rules for acquisition iure sanguinis and
iure soli, but also contained provisions dealing with naturalisation, loss of citizenship, the
status of Afghan women who married a foreigner and vice versa, and the legal age for cases
of acquisition and loss of citizenship. Article 2 of the law on citizenship laid down the rules
surrounding ius sanguinis and stipulated that “all persons born of an Afghan mother and
father, whether inside or outside Afghan territory, shall be considered Afghan and shall hold
Afghan citizenship.” There were two provisions dealing with ius soli. The first of these was
restricted to those born in Afghanistan to a parent who was also born there and who
continued to live in Afghan territory (Article 4);5 the second provided for unconditional ius
soli (Article 5).6 After reaching the age of eighteen, citizens subject to Articles 4 and 5 could
obtain their father’s citizenship within one year of their coming of age, provided that they
attached a verification letter from their father’s government accepting him or her as a citizen.
Various modes of acquisition of the citizenship of Afghanistan were provided for in
the 1936 law on citizenship:
3
Article 4 of the law stipulated that “Foreign citizens can obtain Afghan identity cards according to the law on
citizenship.”
4
Convention on Certain Questions Relating to the Conflict of Nationality Laws, Hague, 12 April 1930.
5
The Article stated that “persons born to foreign parents in Afghanistan, provided that one of the parents was
born and has continuously lived in Afghanistan, shall be considered Afghan citizens.”
6
It stated that “persons born in Afghanistan of a foreign father or mother or two foreign parents, and who
continue to live in Afghanistan until their coming of age, shall be considered citizens of Afghanistan.”
“Children of foreign ambassadors, ministers, members of the diplomatic corps, consular officers and other
official representatives shall not be subject to the provisions of Articles 4 and 5 above.”
4
RSCAS/GLOBALCIT-CR 2017/9 - © 2017 Author
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents