1. Discriminatory Nationality Laws
Ethnic minority groups including the Mosuli and Jogi (or ‘Magat’) communities who have lived in Afghanistan from generations living a semi-nomadic existence, have been largely excluded from the operation of citizenship laws due to ethnic discrimination based on their historic connections to neighbouring countries.
2. Lack of Legal Safeguards Against Childhood Statelessness.
Afghan citizenship law appears to protect foundlings by providing that a child found in Afghanistan will be considered a citizen of Afghanistan if documentation of their parent’s citizenship is not available. Children born to one citizen parent and one parent with undetermined citizenship will also be citizens of Afghanistan. Article 12 of the Law further grants citizenship to children born to parents for whom “documents proving their citizenship is not available.” Stateless persons may obtain citizenship at the age of 18.
3. Administrative Barriers
Administrative and practical barriers, including security concerns, restrictions imposed by male family members, and lack of financial means have fundamentally limited the ability of women in Afghanistan to gain identity documentation and to confirm their status as citizens.
Afghanistan reported a birth registration rate of 42% as of 2015. Despite legally requiring birth registration, Afghanistan grapples with a low registration rate as a consequence of prolonged conflict and constrained governmental resources.