Abstract: Last week India
announced its approval of dual citizenship for Indians
who live
abroad. The Indian Prime Minister said this would benefit
both the individuals and India.
Afghanistan needs trained and experienced manpower for the
process of her
reconstruction. Afghan Diaspora, trained and experienced,
could be enlisted as best
agents of development. In addition to planning for their
contribution to the country's
revival and reconstruction, their legal status of
citizenship also needs to be regulated in
such a way as to serve as an incentive for them to work
and travel to Afghanistan with
peace of mind.
Last week, the Indian Prime Minister, Atal Behari Vajpai,
announced his government's
approval of dual citizenship for people of Indian origin
living abroad. Reportedly more
than twenty million Indians live abroad who would benefit
from this latest development
and in turn would contribute to India's scientific,
cultural and commercial development.
There are many other countries in the world that recognize
dual citizenship and the
prevailing laws in their societies deal with this issue in
a variety of ways.
Legally, citizenship of any country is acquired as a birth
right, blood right, by marriage
and bestowment by legal acquisition . As the world grows
smaller by virtue of
spectacular communications and technological developments,
people move around
more than before. In doing so and prompted by financial,
educational, political and social
forces, many find themselves in need of either opting for
new citizenship or even dual
citizenship wherever applicable.
Certain countries of the world, United States included,
have no legal objections to dual
citizenship as for example there is nothing against it in
the US constitution. But many
countries have wanted to regulate it. Such regulation
makes it easier for people not only
to choose between their countries of citizenship, but also
to plan on whether they could
have citizenship of both and thus contribute as a citizen
to both societies.
It is understood however, that legally there are many gray
areas in the whole field of dual
citizenship in legal systems anywhere that can be lighted
by new laws and regulations .
For example India, has now decided that dual citizenship
for people of Indian origin
could benefit her tremendously. Israel has kept her doors
open to returning Jews from
anywhere in the world. The returnees are offered
automatic citizenship without even
having to apply for it. As a result, many American Jews
migrated to Israel and as already
highly trained experts, took part in that country's
spectacular economic development in
almost all spheres of life.
Translating some of the aforementioned into the situations
in Afghanistan, it becomes
apparent that this country that was devastated by a
quarter of a century of imposed
wars, requires, for its reconstruction and development,
experts, and moral and material
investment. The Afghan Diaspora can be considered as an
asset, saved from the
ravages on human lives during the war and presently are
more equipped than any
foreign expert to make that investment. They could bring
their knowledge, technological
skills and even monies to invest in the process of
reconstruction.
However, apart from a dire need for a plan to utilizing
them as an asset for the
reconstruction and provision of favorable physical
conditions for their return to serving
the country, ( a plan that does not exist at present )
there is the additional need for a
legal consideration of their status of citizenship. Today
there are many highly educated
and experienced Afghans who could contribute fully to
Afghanistan's economic and
social revival who have acquired citizenship of other
countries . Many have established
strong loyalties to these countries while keeping their
love and affection intact for
Afghanistan. Yet, they notice no effort on the part of
the transitional government in
Afghanistan to regulate the issue of dual citizenship for
the Afghan Diaspora. The
transitional government (in the absence of a law making
body) can and should take
steps by issuing directives which would regulate dual
citizenship for Afghans who would
like to take part in the process of Afghanistan's
development unhindered and unafraid of
legal obstacles for traveling to or working in Afghanistan
while their status as citizens of
their second home countries are safeguarded. 01/11/03