Law

1. Citizenship Law

a. Jus sanguinis Provisions

Stipulated by the Law on Citizenship of the Islamic Emirates of Afghanistan, the citizenship legislation of Afghanistan operates through a jus sanguinis structure, providing that a child born within or outside of Afghanistan to two Afghan citizen parents is automatically granted citizenship. Children born within Afghanistan only need to show that one of their parents is an Afghan citizen, and for those born outside of Afghanistan to one Afghan citizen, mutual consent between the parents is needed for the child to be recognized as a citizen. A child born to two foreign parents in Afghanistan may elect citizenship upon reaching the age of 18, unless their parent is a foreign diplomat or a member of an international organization. Furthermore, if a person who holds no citizenship marries an Afghan citizen, they automatically acquire Afghan citizenship. There is no definition of a stateless person or explicit mention of statelessness in the citizenship legislation of Afghanistan.

Stipulated by the Law on Citizenship of the Islamic Emirates of Afghanistan, the citizenship legislation of Afghanistan operates through a jus sanguinis structure, providing that a child born within or outside of Afghanistan to two Afghan citizen parents is automatically granted citizenship.

b. Naturalized Citizenship

Foreigners or “those who do not have citizenship” may apply for naturalization in Afghanistan, as stipulated by Article 15 of the Law. Eligibility requirements for the application include being 18 years of age, living for at least five years in the territory, and not having committed any crimes during their stay in the territory. There is no simplified or expedited procedure available to stateless persons or refugees.

c. Dual Citizenship

Dual citizenship is not recognized in Afghanistan.

2. Treaty Ratification Status

Article 22 of the Law states that, “the nationality of the IEA [Islamic Emirates of Afghanistan] can also be obtained according to the norms predicted in the international treaties unless they contradict the tenets of Islam.”

Afghanistan has the highest rate of treaty ratification of any state in South Asia, notably being the only state in the region that is party to the Refugee Convention and its 1967 Protocol. Afghanistan is yet to ratify the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

In 2020, the CEDAW Committee noted that women face barriers to accessing identity cards (tazkira) due to “lack of security, restrictions imposed by male family members, limited mobility, or the lack of financial means”. It also cited administrative barriers and corruption faced by women when obtaining identity cards, recommending that Afghanistan raise public awareness of the importance of birth registration for women and their children. As a party to the CRC as well as the ICCPR, Afghanistan is obligated to ensure that every child’s birth is registered immediately.

In 2021, the Security Council unanimously adopted a resolution that stated “the Islamic Emirate of Afghanistan [the Taliban] is not recognized at the United Nations, and furthermore that the UN Security Council does not support the restoration of the Islamic Emirate of Afghanistan”. the Taliban not being recognized as the legitimate government of Afghanistan, as a non-state actor, it is still obligated to uphold the international obligations that Afghanistan is bound to.

Status of Accession of International Human Rights Treaties in South Asia

Country	Stateless 1	Stateless 2	Refugee	ICCPR	ICESCR	ICERD	CRC	CEDAW
Afghanistan

Signifies that the country is a party to the convention

Stateless 1 – 1954 Convention relating to the Status of Stateless Persons

Signifies that the country is not a party to the convention

Stateless 2 – 1961 Convention on the Reduction of Statelessness

Population

1. Reported Stateless Persons

Afghanistan reported zero stateless persons to UNHCR since 2019. In 2018, UNHCR noted one registered stateless person in Afghanistan. UNHCR has noted Afghanistan as a country that possesses information about stateless persons but lacks any reliable data. Some independent reports and commentary from UNHCR are available on the situation of semi-nomadic communities of Jat ethnicity (which includes the Jogi, Chori Frosh, and Mosuli groups) who were denied access to Afghan identity documents, Tazkeras, and rendered stateless. In 2019, some members of these communities were granted Tazkeras. Discrimination based on their semi-nomadic lifestyle, ancestral origins, and distinct economic practices contributes to their marginalized status, hindering their access to citizenship rights and putting them at risk of statelessness.

2. Persons at Risk of Statelessness

Millions of Afghans have fled Afghanistan due to wars and persecution in the country, with over 6.4 million Afghan refugees, persons in refugee-like situations, or asylum-seekers globally at the end of 2022. Further, over 1.6 million new Afghan refugee arrivals in neighboring countries have been reported since the Taliban takeover in August 2021. Overall in 2022, UNHCR noted over 9.5 million persons of concern from Afghanistan, including refugees, asylum-seekers, internally displaced persons (IDPs), returnees (refugees and IDPs), stateless persons, and others of concern.

Due to loss or denial of identity documents, the children of many Afghan refugees and asylum seekers are at risk of statelessness. Additionally, CSOs have highlighted how low rates of birth registration of refugees within Afghanistan — in 2022, Afghanistan hosted a population of just over 52,000 refugees — places children at risk of statelessness.

Access to identity documentation has rendered potentially millions of women in Afghanistan at risk of statelessness. A report by the Norwegian Refugee Council in 2016 found that women possessed Tazkeras at a rate far lower than men. Additionally, 52% of women in general held no identity documentation (Tazkera, Passport, Birth Certificates, Marriage Certificates), with this rate increasing to 75% among female IDPs (for male IDPs, 12% had no identity documents). UNHCR recorded 3,254,002 IDPs in Afghanistan at the end of 2021.

Causes of Statelessness

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.

Afghanistan

Overview

Law