Country Position Paper: Statelessness in Iraq
statelessness due to the lack of essential civil documentation, further compounding their vulnerable
situation.”72 The total number of Dom affected by statelessness in Iraq is not known.
The situation for Dom deteriorated after the fall of Saddam Hussein in 2003, as “the community was
accused of having supported the former President [Saddam Hussein], and conservative local communities
as well as Shi’ite militants, who had long resented their differing social norms, reportedly attacked and
forcibly displaced many Roma from their settlements.” 73 It has been reported that “many Roma have
since left Iraq to seek greater security in Jordan and the Gulf.”74 The human rights situation for Dom in
Iraq is dire, with many internally displaced or forcibly removed from their settlements, resulting in
Dom living on “…squatted land without access to clean water, electricity, adequate shelter, healthcare,
adequate food, education and other basic services.”75 Dom women and children are particularly at risk
of exploitation, sexual abuse and stigmatisation.76 Dom children are reported “to be at heightened
risk of abuse and exploitation due to the absence of birth registration, lack of documentation confirming
nationality, extremely low levels of school attendance and widespread involvement in street begging.”77
While some Dom have civil status documentation, the ability to renew those documents is limited,
particularly given the high levels of discrimination and stigmatisation by public officials. Further, Iraqi
authorities have frequently refused to renew documents or transfer nationality to children on the
basis of Law No. 26 of 2006 (see above at 4.1). UNHCR received reports in November 2013 suggesting
that some Dom had been told, “…because their nationality was acquired “exceptionally” by decree of the
now defunct Revolutionary Command Council, they were not eligible to renew their official documents or
transfer nationality to their children.”78 Some Dom possess citizenship certificates (shahadat al-jinsiya),
which are stamped with the word, ‘Exception’, thereby restricting them from being able to access
government employment.79 Other civil status documents, “…still contain the word ‘Ghajari’ (gypsy),
which signals to employers that they are Roma and opens them to discrimination.” 80 It also limits rights
and access to other services, while also resulting in a rejection of a renewal of documents. Stateless
Dom in Iraq lack adequate state protection and “…continue to face systematic discrimination and
marginalisation in all aspects of life, as a result of which many are reported to live in extreme poverty with
high rates of illiteracy and unemployment.” 81
72
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
73
UNHCR, International Protection Considerations with Regard to People Fleeing the Republic of Iraq, May 2019, at 78, available at:
https://www.refworld.org/docid/5cc9b20c4.html
74
Minority Rights Group International, Iraq: Roma, November 2017, available at: https://minorityrights.org/minorities/roma-21/
75
Institute for International Law and Human Rights, Iraq’s Minorities and Other Vulnerable Groups: Legal Framework, Documentation and
Human Rights, May 2013, at 127, available at: http://lawandhumanrights.org/documents/MinorityHB_EN.pdf
76
UNHCR, International Protection Considerations with Regard to People Fleeing the Republic of Iraq, May 2019, at 78, available at:
https://www.refworld.org/docid/5cc9b20c4.html
77
UNHCR, International Protection Considerations with Regard to People Fleeing the Republic of Iraq, May 2019, at 78, available at:
https://www.refworld.org/docid/5cc9b20c4.html
78
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
79
Minority Rights Group International, Alternative Report to the Committee on the Elimination of Racial Discrimination – Review of the Periodic
Report of Iraq, 2018, at 23, available at: http://bit.ly/2VKsoYo.
80
Minority Rights Group International, Alternative Report to the Committee on the Elimination of Racial Discrimination – Review of the Periodic
Report of Iraq, 2018, at 23, available at: http://bit.ly/2VKsoYo.
81
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
14