20. According to the Ministry of Cooperatives, Labour, and Social Welfare, 14,618 Iranian
women married to foreign national men registered during a national campaign conducted
by this ministry in 2017. The data gathered by the ministry showed that 49,096 children born
to these marriages were undocumented. According to this survey 60% of these women
married Afghan men and 12% married Iraqis. 29% of these children are out of school due to
lack of documentation. 15 It is noteworthy that this survey only covered those Iranian
mothers that had Iranian ID. The total number of children born to Iranian mothers and
foreign national fathers is not clear, but various parliament members have stated that the
number is around 1 million.16
Risk of Statelessness of children of Iranian women and Afghan men
21. In August 2018, the Directorate General of the Bureau for Aliens and Foreign Immigrants'
Affairs (BAFIA) stated that currently, about 3 million Afghans reside in the country. 17 Other
sources state that about 1.5 to two million undocumented Afghans live in the country.18 The
Afghan refugee situation is one of the largest and most protracted in the world, with many
having been in the country for as long as 40 years (since 1979). This means that many young
refugees are third generation, born and raised in Iran.19 Studies show that 70% of Afghans
residing in Iran are second-generation migrants.20
22. Although under the 2000 Afghan nationality law, children born of a woman of any or no
nationality and an Afghan man in Iran, automatically gain Afghan citizenship, many of these
children are unable to acquire Afghan nationality, if they cannot prove their tribal and
familial ties.21
23. The tazkera is the primary Afghan personal identification document. Afghans living abroad
must complete a complex and time-consuming procedure to obtain a tazkera. When a
person’s identity cannot be verified in a standard manner, they can receive a tazkera only
after two Afghan citizens possessing tazkera as well as the local police department attest
15
The impediments of ratifying the bill on granting citizenship to children born to Iranian mothers and foreign fathers,
Nov 2018, ISNA: https://www.isna.ir/news/97081407048.
16 1 million and 300 stateless persosns exists in Iran, 2018, ICNA: http://www.icana.ir/Fa/News/415896.
17 Iranian Students News Agency (ISNA), August 2018, See: https://www.isna.ir/news/97052613495 (In a context of
mixed migration the lines between refugees and migrants are blurry, particularly when there is no clear functional
Refugee Status Determination procedure in place.).
18 Iran Needs Help to Support Afghan Refugees, 2018, UNHCR:
https://www.unhcr.org/news/latest/2018/9/5b8e9f414/iran-needs-help-support-afghan-refugees-unhcr-chief.html.
19 Iran Needs Help to Support Afghan Refugees, 2018, UNHCR:
https://www.unhcr.org/news/latest/2018/9/5b8e9f414/iran-needs-help-support-afghan-refugees-unhcr-chief.html.
20 The impediments of ratifying the bill on granting citizenship to children born to Iranian mothers and foreign fathers,
Nov 2018, ISNA: https://www.isna.ir/news/97081407048.
21 Article 11 of the 2000 Nationality Law states, that a child is considered an Afghan citizen regardless of where the
child is born or the statelessness of one of the child’s parents, as long as one parent is an Afghan. Law on Citizenship
of the Islamic Emirate of Afghanistan, https://www.refworld.org/docid/404c988d4.html [Accessed March 09, 2019].
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