Report on Citizenship Law
Afghanistan
Abdullah Athayi
1. Introduction
Ius sanguinis (the bloodline principle) has traditionally been the primary criterion for the
recognition of Afghan citizenship and is established at the core of the citizenship rules in the
Afghan legal system which determine citizens’ rights and obligations in domestic and
international affairs. The ius sanguinis principle was previously applied for the distribution of
the tazkira (national identity card) only to male members of families, and this was reflected
in the first (hand-written) law on citizenship of 1922. With the establishment of the first
parliament on 10 September 1931 and the codification and adoption of the 1930 Hague
Convention on Certain Questions Relating to the Conflict of Nationality Laws, which greatly
affected Afghan national legislation, the legislation in general and the citizenship rules in
particular were improved as ius soli (the territorial principle) was introduced for the first
time. The law on citizenship was afterwards amended several times in the last century to
adapt it to the evolving political requirements of different regimes. Presently, citizenship
issues are covered by the 2000 law on citizenship of the Islamic Emirate of Afghanistan.
However, on 13 May 2015 President Ashraf Ghani instructed the Ministry of Justice to
amend the law on citizenship. Since then, the legislative commission of the Ministry of
Justice has held several meetings in which various laws on citizenship have been
investigated, including both the previous one and international conventions, in order to
improve the process of drafting a new law on citizenship.
Afghanistan citizenship is currently acquired by descent, birth in the territory,
naturalisation and on the basis of bilateral and international treaties if there is a conflict
between the content of the law and treaties. The modes of acquisition and loss of Afghan
citizenship follow international standards for the acquisition, renunciation and restoration of
citizenship. The issue of dual nationality was raised post-2001 following the international
intervention in Afghanistan, with Afghans who had obtained the citizenship of the United
States or European countries and elsewhere and maintained their Afghan citizenship
travelling to Afghanistan without a visa and being appointed to senior government positions
in the last decade.
Afghanistan has been one of the world’s sources of migration since the 1980s and
millions of Afghans have left their country of origin and are residing in neighbouring and
foreign countries or are seeking asylum. The number of citizens losing their Afghan
citizenship is higher than that of people acquiring Afghan citizenship. Voluntary and
involuntary renunciation is regulated under the loss of citizenship rules in the law on
RSCAS/GLOBALCIT-CR 2017/9 - © 2017 Author
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