1 4 | PA PE R L E S S PE O PL E O F P O S T- C O N F L I C T I R A Q
In Iraq, both the father and mother’s IDs are
required to register a birth. Failure to provide
these, along with a state-issued marriage
certificate, causes significant barriers to birth
registration.xx In most cases, a hospital will
refuse to register a birth if both the mother and
father’s IDs are not present, or – if the father
is deceased — a formal death certificate is not
available. If a certain number of days passed
without obtaining the birth certificate, the
parents would have to try and solve the issue by
applying to the Personal Status Court.
HOUSING, LAND, PROPERTY AND
RESIDENCY RIGHTS
Paperless people have limited options to
secure a home free from the fear of eviction.
It is significantly more difficult for them to get
formal rental agreements, own property, take
a property case to court, or be compensated
by the government for property that was
damaged during the conflict. Respondents
who were missing civil IDs were less likely
to own the properties they were residing
in, or to have contracts for property they
were renting, placing them at increased
risk of eviction. About 80% of respondents
missing documentation reported not having
a rental contract at all, compared to 65% of
respondents with civil documentation.
Almost unanimously, the local tribal official,
known as the mukhtar, was cited as a
significant interlocutor across governorates in
relation to housing, land and property rights. In
Mosul city, in particular, residents said that a
mukhtar would not agree to a rental or validate
a contract without valid civil ID. Different types
of documents were reported to be required
to rent a home. In Mosul, Tikrit, and Ramadi,
individuals interviewed said that the tenant
must first obtain approval from the mukhtar.
They must also provide the mukhtar the head
of household’s four civil documents, which
are then submitted by the mukhtar to the
local intelligence office, for a final approval.
This was confirmed by members of the Baiji
local council and compensation committee
who said that the four main civil documents
(civil ID, national certificate, housing card, and
PDS card), alongside household-level security
clearance, as well as approval from the local
mukhtar and intelligence office were all required
to rent a home with a rental contract in that
area.xxi They also reported that without these,
the only way people could protect themselves
from eviction was to have a verbal contract with
the landlord. That said, they noted that such
people were still in danger if the local security/
intelligence forces searched the property and
without the requisite documents and security
clearance they may face not only eviction, but
also detention or arrest. All of these documents
were also reportedly required to take a housing
or property dispute to court.xxii
In Mosul, residents reported cases where
people had not been allowed to rent properties
if the mukhtar had issues with someone’s
family member, sometimes due to pre-existing
issues of revenge or animosity towards a
particular family. If the mukhtar was not familiar
with a family who wanted to rent a home, two
witnesses would be needed, in addition to the
mukhtar’s approval, to attest that the family
in question was not affiliated with IS. There is
general suspicion of anyone who cannot obtain
a mukhtar’s approval for any HLP transaction,
including the fact they are assumed to then lack
the requisite civil papers.
OBSTACLES FOR WOMEN TO CLAIM HOUSING,
LAND AND PROPERTY RIGHTS
Paperless women-headed households face
additional obstacles in claiming housing, land or
property rights because their names are often
not listed on property title deeds. This poses a
challenge when a woman’s husband is either
missing or deceased, and the woman is unable