India/Pakistan: Information on whether a person born in Kashmir of Indian (Kashmiri) parents is considered to be Indian or Pakistani, whether Pakistani citizenship is acquired by birth in Kashmir, and whether India and Pakistan recognize dual citizenship with each other
|Publisher||Canada: Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||1 August 1994|
|Citation / Document Symbol||ZZZ18171.E|
|Cite as||Canada: Immigration and Refugee Board of Canada, India/Pakistan: Information on whether a person born in Kashmir of Indian (Kashmiri) parents is considered to be Indian or Pakistani, whether Pakistani citizenship is acquired by birth in Kashmir, and whether India and Pakistan recognize dual citizenship with each other, 1 August 1994, ZZZ18171.E, available at: http://www.refworld.org/docid/3ae6ac465c.html [accessed 25 December 2014]|
A representative of the High Commission for the Islamic Republic of Pakistan in Ottawa provided the following information on the above subjects in a 17 August 1994 telephone interview.
Because of a dispute between India and Pakistan over the status of Kashmir at the time of partition, the UN Security Council passed a resolution stipulating that the fate of Jammu and Kashmir would be determined by a UN supervised plebescite. According to the representative, however, "India has not let this plebiscite be held yet." While India considers Kashmiris living in the Indian controlled area of Kashmir to be Indian citizens, Pakistan considers Kashmiris living in Indian and Pakistani controlled areas to be neither Pakistani nor Indian. Pakistan and the international community recognize Kashmiris living in these areas to be citizens of the former state of Jammu and Kashmir. However, Pakistan maintains that Kashmiris can opt for Indian or Pakistani citizenship if they wish to do so.
Pakistan has no special citizenship programme for Kashmiris wanting to acquire Pakistani citizenship. Being born in Kashmir does not automatically entitle Kashmiris to Pakistani citizenship. Kashmiri applicants for Pakistani citizenship are treated like other applicants.
Pakistan does not recognize dual citizenship with India. Pakistan only has dual citizenship agreements with the UK, Canada, Australia and a Scandinavian country. The representative is not certain with which Scandinavian country Pakistan recently signed its dual citizenship agreement.
According to a representative of the High Commission for India in Ottawa, a person born in the Indian controlled area of Kashmir of Kashmiri citizens of India is considered to be an Indian citizen (17 August 1994). The representative adds that India does not recognize dual citizenship at all.
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
High Commission for India, Ottawa. 17 August 1994. Telephone interview with representative.
High Commission for the Islamic Republic of Pakistan, Ottawa. 17 August 1994. Telephone interview with representative.