discriminatory: an unmarried mother cannot pass to child born outside country on an equal
basis with an unmarried father (unless the father is stateless or unknown/except under
certain conditions) (Art.4); a foreign mother who was born in the country cannot pass her
nationality to a child born in the country on an equal basis with a foreign father to a child
born in country) (Art.5); a married woman cannot pass nationality to foreign spouse on an
equal basis with a married man (husband can apply for naturalization under normal
procedures with reduced or waived (Arts. 7 & 11); and a married mother cannot pass to
child born outside country (unless father stateless or unknown/ except under certain
conditions (Art.4); and if an Iraqi loses Iraqi nationality, his minor children shall
consequently lose that nationality (Article 14(II)).
13. In February 2014, in its concluding observations on the combined fourth to sixth periodic
report of Iraq, the Committee on the Elimination of Discrimination against Women
recommended that Iraq “amend the discriminatory provisions of Act No. 26 (2006), namely
articles 4, 7 and 11, in order to ensure that women and men enjoy equal rights to acquire,
transfer, retain and change their nationality, in line with article 9 of the Convention”.vii
14. Gender discrimination in Iraq’s nationality law can also result in the children of Iraqi women
being rendered stateless when they cannot acquire their father’s nationality. This can occur
for a variety of reasons. Those rendered stateless face obstacles in accessing economic and
social rights and have a heightened risk of exploitation, human trafficking, and early and
forced marriage. Typically, stateless persons also face barriers in obtaining identity
documentation; increased risk of arbitrary arrest and indefinite detention; discrimination and
marginality; and barriers to accessing formal employment and justice.
Recommendations for Action by the Government of Iraq
Equality Now, the Coalition of Women MPs to Combat Violence against Women, Bagdad Women
Association, Global Campaign for Equal Nationality Rights and the Institute on Statelessness and
Inclusion respectfully call on the government of Iraq to:
1. Repeal Article 398 of the Iraq Penal Code that pardons rapists from punishment when they
marry their victims;
2. Reject proposed amendments to the Personal Status Law No. 188 of 1959 which would
encourage child marriage and polygamy;
3. Amend remaining discriminatory articles in the Nationality Law No. 26/2006 to make sure that
women and men enjoy equal rights to acquire, transfer, retain and change their nationality on
equal basis.
4