The Afghan Citizenship Law

Abstract

The paper traces the evolution of Afghan citizenship law. Historically centered on ius sanguinis, Afghanistan introduced limited ius soli in 1936 under international influence, codifying acquisition, naturalization and loss. Successive regimes adjusted rules, including marital status provisions, but core principles remained. The current regime (2000 law, under reform since 2015) recognizes acquisition by descent, birth on the territory in defined cases, naturalization and treaties; loss occurs through voluntary renunciation or narrowly defined deprivation for treason or service with hostile forces. Dual nationality, once prohibited, re-emerged after 2001, enabling diaspora participation yet prompting constitutional limits for the presidency and conditional tolerance for ministers and MPs. Administrative procedures run through an inter-ministerial commission, though appeals and timelines are unclear. Data are scarce; renunciations exceed acquisitions amid mass migration. Current debates focus on simplifying procedures, managing dual nationality and preventing statelessness. The report reviews acquisition and loss pathways and their security implications today.