Constraints under Iraqi Law:
Despite favorable legal residency accommodations Syrian Kurds in KRI,
there exists no legal pathway to Iraqi citizenship for Syrian Kurds who
arrived during the conflict. Iraq has not signed the 1954 Convention
on Stateless Persons nor the 1961 Convention on the Reduction of
Statelessness. Although article 6 of the 2006 Iraqi Nationality Law allows
for acquisition of Iraqi nationality for non-nationals who have resided
continuously in Iraq for 10 years (five years in case of marriage to an
Iraqi citizen), this only applies to persons who have arrived in Iraq legally
(as opposed to under asylum-seeking conditions) and thus nearly always
excludes Syrian Kurds who have sought UNHCR asylum protection—
including in cases where Syrians have married Iraqi citizens. Article
5 of the Nationality Law permits the children of non-Iraqi nationals to
apply for citizenship, but children of irregular arrivals are excluded.
Finally, article 18 the 2005 Constitution prohibits naturalizing foreign
nationals for the purpose of “disrupt[ing] the population composition
of Iraq,” which the Ministry of Interior uses as justification for denying
naturalisation applications from Syrian Kurds.
Methodology
To assess the number of ajanib and maktoumeen Syrian Kurds
who have not been able to access Syrian citizenship in Dohuk
governorate of KRI, NRC surveyed 1,281 households in August 2022
in Domiz I, Domiz II, and Bardarash camps, as well as out of camp
populations in Dohuk city (War City, Summel, Domiz Moaasker,
Msirik). Sample sizes were determined to a 95 percent confidence
interval using standard sampling software. Household surveys
were in multiple choice format and coded utilizing Kobo software.
Additionally, NRC conducted five focus group discussions from April to
August 2022 with 52 stateless Syrian individuals in both in camp and
out of camp settings.
Methodology
Photo caption: Stateless men from
Al-Hasakeh, Syria described the
challenges they have faced without a
nationality in focus group discussions
in Domiz 2 Camp. Photo: Caroline
Zullo/NRC
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