Country Position Paper: Statelessness in Iraq Following the fall of Saddam Hussein’s regime in 2003, many Faili Kurds returned from Iran to Iraq, as many had limited rights or access to nationality in Iran, as they were considered Iraqi.56 Pursuant to Article 17 of Law No. 26 of 2006, “Decision No. 666 of 1980 issued by the (defunct) Revolutionary Command Council shall be repealed and Iraqi nationality shall be restored to all Iraqis deprived of their Iraqi nationality under the said as well as all other unfair decisions issued by the (defunct) Revolutionary Command Council in this respect”.57 This law was intended to enable Faili Kurds, among others, to reacquire their Iraqi nationality. However, the requirements for re-acquisition of nationality were regarded as imposing a high threshold, predominantly the requirement to prove nationality before 1980. For example, UNHCR stated that it “…is aware of reports that the process of reinstatement is long and cumbersome, and applicants are often required to travel from their place of residence to the nationality directorate in Baghdad to follow up on their applications. Some Faili Kurds started the process but could not complete it due to documentary and financial requirements (including for repeated travel to Baghdad).”58 In addition, “…the process [to reacquire nationality] can be administratively complex if an individual lacks sufficient documentation to demonstrate Iraqi origin.”59 While reports suggest that many Faili Kurds have been able to reacquire Iraqi nationality, UNHCR “…has no updated information on how many Faili Kurds have benefited from the 2006 Nationality Law and have been issued with nationality certificates, as the Government of Iraq has not released relevant data in recent years.” 60 Additionally, many remained in displacement and never attempted to reacquire their Iraqi nationality. As a result, there is still today an unknown number of Faili Kurds who have not regained their Iraqi nationality. Statelessness therefore remains an issue of concern for this group. In 2019, UNHCR confirmed that “A number of Faili Kurds…also remain stateless and consequently without official documentation, resulting in restrictions on access to public services and formal employment, as well as on their freedom of movement due to difficulties to pass checkpoints.”61 For more information on the treatment of Faili Kurds, please refer to the Iran Country Position Paper. 4.2 Bidoon The word ‘bidoon’ is Arabic for ‘without’ and has become shorthand for bidoon jinsiya – ‘without nationality.’ Most bidoon are descended from nomadic tribes native to the Arabian Peninsula. The causes of statelessness among them vary. For the vast majority, it is because these bidoon groups were in Kuwait at the time the country gained independence in 1961. The Kuwaiti Government initiated a registration process to identify nationals, but many people were not able to register and 56 Tucker, Jason, Exploring Statelessness in Iran: Gaps in the nationality law, populations of concern and areas for future research, 2014, at 11, https://www.academia.edu/7156718/Exploring_Statelessness_and_Nationality_in_Iran 57 Iraqi Nationality Law [Iraq], Law 26 of 2006, 7 March 2006, available at: https://www.refworld.org/docid/4b1e364c2.html 58 UNHCR, International Protection Considerations with Regard to People Fleeing the Republic of Iraq, May 2019, at 79, available at: https://www.refworld.org/docid/5cc9b20c4.html 59 Australian Department of Foreign Affairs and Trade, Country Information Report – Iraq, 9 October 2017, at 3.4, available at: https://dfat.gov.au/about-us/publications/Documents/country-information-report-iraq.pdf 60 UNHCR, International Protection Considerations with Regard to People Fleeing the Republic of Iraq, May 2019, at 79, available at: https://www.refworld.org/docid/5cc9b20c4.html 61 UNHCR, International Protection Considerations with Regard to People Fleeing the Republic of Iraq, May 2019, at 78-79, available at: https://www.refworld.org/docid/5cc9b20c4.html 12