BARRIERS TO SOLUTIONS | 21
at other directorates would often check their
names against a security database before
providing them with services.
INABILITY TO TRAVEL TO AREAS OF
ORIGIN CREATES ADDITIONAL BARRIERS
Security concerns were also mentioned as
one of the main obstacles toward obtaining
documentation. Research participants
mentioned that the civil ID requires security
documents (letters/stamps) from both
the Intelligence Office of their area of
origin, as well as from the Police station
(when civil ID, residency card or PDS are
missing). One participant further stated
that such procedures are “the result of
IS control over [their] areas of origin”.
For instance, participants originally from
Senya mentioned that through the process
of obtaining documentation, they have to
return to their area of origin, which falls
under control of three different Popular
Mobilisation Forces. Participants also
reported fearing processing legal identity
and civil documents and seeing their
names matching the “security database”
held by the Intelligence Office.
Criteria determining who is added to the
national security database is unclear and the
accuracy of this database has been called into
question. Placing an individual on the list offers
ample opportunity for exploitation, as it appears
no actual evidence of claims is required to be
presented in the process. The process lacks the
most fundamental safeguards and it is nearly
impossible to appeal or undo.
OBTAINING DEATH OR MISSING
PERSONS CERTIFICATES
Without death or missing person certificates,
paperless people cannot access the documents
they need. Where families have missing or
dead relatives – as is now unfortunately
very common in areas formerly occupied by
IS – Iraqi authorities will not issue a death
certificate without locating the body. In Mosul,
participants noted the difficulty in finding
and identifying bodies following the military
operation to retake the city, which has delayed
the issuance of death certificates. If no proof of
the death exists, an individual must declare a
person missing for a set period of time before
a court will agree to issue a death certificate.
This involves an application to a local police
station, with either two male witnesses or
four female witnesses, informing them of the
circumstances under which the person went
missing. The Criminal Investigations Court
then opens a file on the case and the family
subsequently is required to post a public notice
of the missing person in local newspapers.
In theory, after two years of no news from
the missing person, a relative will be able to
request from the Personal Status Court that the
missing person be declared dead, but the reality
is this usually takes up to four years.
This then impacts the ability to issue a number
of other documents, including birth certificates
and new civil IDs for children (where the
father is missing or dead). It also impacts
women’s ability to access services, where key
documentation was issued in their husbands’
names. Female participants also pointed to
requiring their fathers’ documentation in certain
cases. Without a death certificate, participants
could not claim unpaid salaries of their
spouses.