Country Guidance Note - Iran - Department of Immigration and ...

The United Nations Children’s Fund (UNICEF) reported in 2005 that Iran had not ratified
the 1961 Convention on the Reduction of Statelessness, which provides that children
should acquire the nationality of the state in which they were born if they are not granted
nationality by any other state. It stated that “no measures have been adopted by Iranian
Registry Law to ensure the child’s right to acquire a nationality, in particular where the
child would otherwise be stateless”. The report further noted that non-nationals could not
get birth certificates for their children easily because having a birth certificate meant proof
of Iranian nationality. 74
The August 2012 report of the UN Secretary General stated that children of registered
refugee parents continued to be denied birth certificates. 75
A 2012 report by the Norwegian Refugee Council noted that refugees who were unable to
cover the costs associated with renewing their refugee cards could lose their legal status
as refugees. 76
Faili Kurds in Iraq - Nationality
Article 18 of the 2005 Iraqi Constitution states that “[a]nyone who is born to an Iraqi father
or an Iraqi mother shall be considered an Iraqi” and that “[a]ny person who had his
citizenship withdrawn shall have the right to demand its reinstatement.” 77
In 2008, UNHCR observed that according to the 2005 Iraqi Constitution, Iraqis who had
been stripped of their nationality could apply to restore it, together with their rights and
property. 78
Nationality is regulated by the Iraqi Nationality Law of 2006. Article 17 repeals Decision
No. 666 issued in 1980 by the Baath regime, 79 which stripped “Iraqi citizens of foreign
descent”, including Faili Kurds, of Iraqi nationality if their “allegiance to the nation, the
people and the revolution's higher national and social objectives were not proved". 80 The
2006 Nationality Law (Articles 17 and 18) restores citizenship to all Iraqis who were
affected by Decision No. 666 and any Iraqi whose citizenship was revoked based on
political, religious, racist or sectarian grounds. 81
The April 2013 US State Department report noted that according to UNHCR estimates
there were 120 000 stateless non-refugee Faili Kurds and Bidoun Arabs, many of whom
had already commenced the process of reacquiring Iraqi nationality. The report noted that
“since 2003 more than 25 000 persons have regained their nationality, some in
accordance with articles 17 and 18 of the 2006 nationality law.” 82
74 CIS17967: Birth Registration in Iran: An analysis of the state of relevant laws in Iran, UNICEF, July 2005, pp. 7-8.
75 CIS24164: Situation of human rights in the Islamic Republic of Iran: Report of the Secretary-General,
22 August 2012, UN General Assembly, p. 10.
76 CIS25022: Refugee Matters in Iran, Norwegian Refugee Council, September-October 2012.
77 CIS19789: The Constitution of the Republic of Iraq, National Legislative Bodies, 15 October 2005, p. 6.
78 CX234148: Faili Kurds seek way out of identity impasse, UNHCR, 28 May 2008.
79 CIS18097: Iraqi Nationality Law, National Legislative Bodies, Iraq, 7 March 2006, p. 5.
80 CX224072: On 29th anniversary of displacement, Feyli Kurds reject Baathists, Aswat al-Iraq, 3 April 2009. See also
CX227512: Iraqi citizenship restored to Faili Kurds,’ AK News, 25 May 2009.
81 CIS18097: Iraqi Nationality Law, National Legislative Bodies, Iraq, 7 March 2006, p. 5.
82 Country Report on Human Rights Practices 2012 – Iraq, US Department of State, 19 April 2013.
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