Country Position Paper: Statelessness in Iraq SUMMARY OF MAIN ISSUES 3 • Iraq has a population of 40.4 million people and UNHCR estimates is home to 47,515 stateless people. Iraq has historically been home to large stateless populations, in particular, Faili Kurds stripped of their nationality in 1980, Palestinian Refugees from Iraq, and Bidoon from Kuwait. • While the Iraqi Constitution of 2005 does not contain any gender discriminatory provisions regarding the acquisition of Iraqi nationality, the Nationality Law contains various other gaps and flaws that could lead to statelessness or increase the risk of statelessness. • The Iraqi Constitution states that an Iraqi citizen by birth may not have their nationality withdrawn for any reason. However, the Iraqi authorities have significant discretion to deprive a naturalised Iraqi of their nationality, including in situations where the person planned or committed an act against State security or safety. • Access to civil registration can be problematic, especially for Internally Displaced Persons (IDPs) and marginalised populations. Civil registration procedures differ between different governorates. One of the most significant obstacles to access is lacking other documents that prove identity and the difficulties with seeking replacements. As a result, many families, specifically IDPs, are unable to access civil registration procedures. Minority groups report not having access to identity documents at significantly higher rates than others. • Tens of thousands of Faili Kurds were left stateless by legislative decree in 1980, with many of those affected also expelled from the country (mostly to Iran). Although some have since had their nationality reinstated, not all have been able to access or complete this procedure. There is no accurate data on the number of Faili Kurds that benefited from reforms to Iraq’s Nationality Law. • Numbers are unknown, but many individuals from the Dom (Roma) community have been unable to access Iraqi nationality or renew their nationality documents. Dom are among the most stigmatised and marginalised communities in Iraq, with women and children being particularly vulnerable. • Approximately 8000 stateless Palestinian Refugees from Iraq reside throughout the country, with no opportunity to access Iraqi nationality. The treatment and situation of Palestinian Refugees from Iraq has deteriorated significantly in recent years (in part) due to their identification as Sunni Muslim and perceived preferential treatment from Saddam Hussein. • Stateless Bidoon, most of whom were deported from Kuwait following the Gulf War, live on the margins of society and many remain stateless with limited access to essential services and unable to obtain civil documentation. Stateless individuals from Syria, predominantly Kurds now reside in the Kurdistan region of Iraq. • There are a wide range of potential protection risks associated with statelessness for those affected both inside and outside Iraq. Civil documentation is vital to enable freedom of movement, enrol in school, access essential services and to reduce the risk of statelessness.