Abdullah Athayi 3.1.3 Dual citizenship In 2001, when the Taliban regime was overturned, a conference held in Bonn, Germany led to a framework for the transformation and stabilisation of the Afghan political system. The Bonn Process marked the start of a new political situation for Afghanistan which enabled the political elite and actors to take advantage of the opportunity for socio-political changes and for an end to the long decades of conflict which had put the country in turmoil. With the adoption of a constitution in 2004 and the inauguration of parliament in 2005, together with the subsequent installation of administrative and political institutions, important steps towards the establishment of a broad-based, gender-sensitive, multi-ethnic and fully representative government were taken. To pursue the government’s objectives, there was a dire need for educated people. President Karzai agreed with Western countries to allow Afghan citizens who had resided in the Western world (the United States and Europe in particular) to come to Afghanistan without losing their citizenship. The President also released a decree which stipulated that Afghans who had left the country either by force or due to threats to their persons or family, and as a result of this migration had renounced their Afghan citizenship, could travel to Afghanistan as Afghan citizens while maintaining their second country’s citizenship. Moreover, they could purchase real estate and could be employed by government institutions, apart from the presidential palace or by the vice president and cabinet ministers (Farooq Bashar; 2007). Therefore, dual nationality entered the Afghan legal system in 2001 following the international intervention. Afghans who had obtained the citizenship of the United States or a European country maintained their new citizenship, could travel to Afghanistan without a visa, and could be appointed to senior government positions including attorney general, in the parliament, the supreme court, ministries and other government institutions in the last decade. Dual nationality in Afghan law. The 2004 constitution was adopted under the influence of Afghan foreign citizens and therefore contains various provisions regarding dual nationality. There are three articles in the constitution which set out the conditions for three significant positions, namely those concerning the presidency, parliament and cabinet ministers. The constitution prohibits dual citizenship for presidential candidates, is silent about dual citizens obtaining a parliamentary seat, and hands over the authority to parliament to approve or reject the dual citizenship of candidate ministers. Article 62(1) of the constitution stipulates that “An individual who becomes a presidential candidate shall be a citizen of Afghanistan, a Muslim, born to Afghan parents, and shall not be the citizen of another country.” This article explicitly bans dual nationality for presidential candidates. Therefore, the Independent Election Commission (IEC) and the Electoral Complaints Commission (ECC), among other criteria, evaluate whether the candidates hold single or dual nationality. In the 2009 and 2014 presidential elections, the dual nationality candidates who wished to nominate themselves for the presidential palace either withdrew or were disqualified as a result of lack of eligibility for not bearing single citizenship. Article 85(1) of the Afghan constitution, which lays down the conditions for parliamentary candidates or appointees, stipulates that “An individual who becomes a candidate or is appointed to membership of the national assembly, in addition to winning the 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.” The legislator 12 RSCAS/GLOBALCIT-CR 2017/9 - © 2017 Author