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

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