Afghans’ Right to Identity: The Quest For Legal Documentation in Afghanistan
Travel, access to services, and humanitarian aid are the top reasons motivating Afghans to seek documentation under the DfA. However, access to it remains elusive, especially since August 2021 with women and displaced populations worst affected.
By Samuel Hall Team
“When I think about my future, I want to become educated. I want to get my tazkira, enrol in school and obtain university documents. I believe tazkiras and school documents can help me fulfil all my dreams.” - Ibrahim, 13, IDP
Just like for Ibrahim, legal identity is at the heart of the mobility and protection challenges — and solutions — facing Afghans. While access to identity and civil registrations has always been a sensitive and challenging issue in the country, the fall of Kabul two years ago has made the situation even more dire, and Afghans’ interest in acquiring documentation even higher.
Most Afghans do not have passports or other forms of civil documentation. Thousands of people are aspiring to leave the country due to conflict and poverty — and as a result of that — also trying to access aid and support, but their efforts have been in vain, if not extremely difficult.
Now, more than ever, there is a need for Afghan women, men and children to access legal identity to ensure they can access their right to freedom of movement and many other rights.
To assess the current civil documentation and identity management landscape in Afghanistan and provide actionable recommendations to enhance the protection of all Afghans across the country, Samuel Hall worked with the International Organization for Migration, UNICEF, WFP, UNHCR, and NRC as part of the Interagency Working Group on Legal Identity (TWG) to publish a research study that provides the latest updates on this issue of rights in Afghanistan.
Drawing from that study, this blog delves into the complexities of legal identity in Afghanistan and explores potential solutions to improve identity management for its citizens.
Between Lines and Stamps: Access To Legal ID is More Complicated for Some Than Others
Numerous challenges stand in the way, including higher prices for essential documents like e-Tazkiras and passports — making access to legal identity and civil registration documentation — an ‘uphill battle’.
Recounting economic hardships, Rafiqullah*, a man we interviewed in Nangarhar, said,
“Many businesses have collapsed, and life is not as it once was. Families with 20–25 members struggle to prioritise their basic needs for food and clothing. Only after securing these necessities will people seek access to legal documents.”
As Rafiqullah says, financial means play a significant role, with those who can afford middlemen gaining an advantage in navigating the complex bureaucratic system.
Moreover, personal connections also prove beneficial, as individuals with ties to the DfA or community leaders find it easier to obtain the required documents. Like Suhana*, a Hazara woman interviewed in Balkh Province, said,
“Although it is crystal clear that Hazaras are being persecuted and suffer from discrimination, we did not face discrimination during the registration process of getting e-Tazkira because we knew a person who helped us. I know some people who waited long to get documentation because they were Shias and Hazaras.”
Beyond ethnicities, other vital factors affecting one’s ability to obtain documentation include gender, displacement status, education, and age.
For instance, Tazkiras and other civil registration documents like marriage certificates hold particular significance for women in Afghanistan. A marriage certificate is essential for women to travel to other countries, and a Tazkira is required to apply for a passport. Without both documents, leaving Afghanistan becomes challenging under the DfA.
Women face additional challenges, as they must be accompanied by a male companion, ‘Marham’, to apply for identification and civil registration documentation. Moreover, cultural norms discourage having their pictures on ID cards and the notion that ‘non-working women don’t need documentation’. Navigating all-male government offices often makes them uncomfortable, as men often hesitate to listen to women’s concerns.
Displaced individuals and returnees encounter similar difficulties. Often viewed with suspicion, they struggle to find witnesses for their Tazkira applications, resulting in the deprivation of essential services, including crucial humanitarian aid.
Shoaib*, a community leader from Herat shared,
“There are many poor and needy IDP women in our district, as well as widows who are the head and the only breadwinner of their families. Although they are eligible and have all the requirements to receive aid from organisations, they are deprived and forgotten simply because they do not have a tazkira.”
Former employees of the previous government are also under scrutiny — as when they go through the biometric process while receiving Tazkira, the employee may be identified and arrested as the regime is targeting such people.
Age, too, plays a critical role, as children’s legal identity remains tied to their parents’ Tazkira until age 7. Lack of documentation for parents means their children are also at risk of being without proper identification, putting them in vulnerable situations, such as child marriage and child labour.
Untangling the Bureaucracy — Clear Communications is the Need of the Hour
The issues of accessibility seem to have been further compounded by changes in July 2021, where the responsibility to handle Tazkiras and birth certificates was transferred from the Ministry of Interior Affairs to the NSIA (National Statistics and Information Authority).
Under the DfA, the processes for obtaining civil documentation in Afghanistan are overseen by different entities, depending on the type of document needed. Marriage certificates are handled by local district courts and the Supreme Court, requiring two witnesses and regional representatives for verification. Hospitals and clinics issue birth certificates, but they must be stamped by the NSIA to be considered official. For death certificates, confirmation from community leaders, two witnesses, and a Tazkira from a close relative is necessary, along with approval from district authorities.
The political shift and a lack of communication and coordination regarding documentation procedures must be clarified and timely. Instead of official seminars or training sessions, new policies are shared through social media channels like WhatsApp groups.
The capacity for processing identification and civil registration documents has decreased under the DfA, with many offices closed. Printing of essential documents like e-Tazkiras is now centralised in Kabul, leading to lengthy processing times and added travel costs and time for those in other parts of the country.
“I am also worried about my safety because the Kabul- Herat-Kabul highway is insecure, and there is a suicide and explosion every day,”
said Shoaib* from Herat.
While applying for identification documents online is possible in theory, in practice, people have reported many challenges, often needing to apply multiple times or resorting to in-person applications.
A few interviewees also felt that office staff were intentionally lengthening processing times to receive bribes. Safiullah* from Herat the province said, “The most challenging thing we encountered was its time-consuming nature, which requires a lot of time; this is an intentional tactic by the staff of relevant departments so that they can get bribes from applicants.”
Such delays and unpredictability in processing times have left people unable to plan for their future as they wait in uncertainty to access essential services, education, humanitarian aid, or travel abroad.
Building A Better & A Fairer System — Recommendations for the Way Forward
In pursuit of a more accessible and efficient documentation system under the DfA, several vital recommendations come to the forefront. First and foremost, DfA needs to increase the number of centres dedicated to processing identification and civil registration documents across the country — to ensure that more people, regardless of their location, can easily access the necessary documentation.
Moreover, simplifying the procedures and eliminating unnecessary complexities will empower individuals to understand and navigate the system more efficiently.
To address the challenges faced by those living in rural areas, it is imperative to establish ID and passport distribution centres or hubs outside of urban regions. One community leader from Balkh also suggested an intervention that may be replicated:
“We arrange for photographers and individuals familiar with the registration process to help obtain E-Tazkiras, sparing people the need to pay for transportation to the city or rely on middlemen. In the community, they capture photos and record the personal details of needy individuals. Once they return to the city, they handle the necessary paperwork and carry forward with the rest of the process.”
Humanitarian partners can also play a crucial role in enhancing access to documentation for Afghans under the DfA. Increasing public awareness campaigns through radio, television, and religious leaders’ involvement, considering the country’s low literacy rates, would be a good first step. Additionally, mobile teams at the district level to extend documentation services to rural and remote areas can be organised whilst calling for a shift to online processes to eliminate unnecessary travel.
Collaborations with legal offices and community leaders would be vital to establish formal assistance programmes in mosques. They can also consider offering cash assistance to help individuals cover the costs of obtaining documentation.
Donors should provide financial support to open more facilities for issuing tazkiras/e-takers, passports, and civil registration documents. This includes expanding funding to cover legal identity and civic documentation interventions under the “basic needs” mandate.
Finally, we need to facilitate more legal pathways for Afghans outside of Afghanistan — where their rights are protected and respected and their voices — especially those of women — are heard and acknowledged.
Read the second blog from the study that delves into the challenges that inaccessibility to legal identity creates for Afghans, especially those in vulnerable situations — and how they can be addressed.
- Names changed to protect identity
