Citizenship Law of the Islamic Republic of Afghanistan | |
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Parliament of Afghanistan | |
Enacted by | Government of Afghanistan |
Status: Current legislation |
Afghanistan portal |
Islamic Republic of Afghanistan nationality law is regulated by the Constitution of Afghanistan, as amended; the Citizenship Law of the Islamic Republic of Afghanistan and its revisions; the Afghan Civil Code; and various international agreements to which the country is a signatory.[1] These laws determine who is, or is eligible to be, an Afghan national.[2] The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation.[3][4] Some countries use the terms nationality and citizenship as synonyms, despite their legal distinction and the fact that they are regulated by different governmental administrative bodies.[3]
Afghan nationality is typically obtained under the principal of jus sanguinis, i.e. by birth to parents with Afghan nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.[5] Since the Taliban took control of the country in 2021, it is unclear what laws are in place.[6] An announced revision to the constitution was planned for 2022,[7] but lack of assurances for governance that complies with the needs and rights of all Afghan people has resulted in no international recognition of the Taliban regime.[8][9]