Country Position Paper: Statelessness in Iraq
IDPs lack identity documents for different reasons, among them confiscation by militia groups or
government agents, leaving them behind or losing them during displacement. To replace missing
documentation, IDPs are required to travel to the governorates they were registered in before
displacement. This requirement is often prohibitive because of the restrictions in the freedom of
movement that IDPs face and the high costs associated with travelling and administrative fees.
3.4 Children and a Lack of Civil Documentation
At the end of 2018, the United Nations Office for the Coordination of Humanitarian Affairs (OCHA)
reported, “[i]n 2019, an estimated 2.1 million children may be at serious risk of not being able to access
essential services due to lack of civil documentation…” 40 Indeed, “[l]acking legal identity and civil
documents puts children at increased risk of statelessness and has been known to lead to exclusion from
political, social, and economic life.”41 In early 2019, the Norwegian Refugee Council (NRC) estimated
that some 45,000 children in displacement camps do not have birth certificates issued by the Iraqi
authorities.42
Specific complications arise for children with missing or deceased fathers. According to the NRC,
“[r]egardless of whether the child’s father is missing, imprisoned or dead, without government-issued proof
of the event, mothers are very often unable to obtain civil documentation for her children, even if she has
a government-issued marriage contract.”43 This is due to administrative hurdles in obtaining a death
certificate or a certificate of absence. According to the UN Human Rights Council, certificates of
absence “may be withheld from families of disappeared suspected ISIL members, including those that
went missing after surrendering to ISF or affiliated forces.”44 Without a death certificate or certificate of
absence, many families struggle to register vital civil status events and access essential services.45
“Iraqis lacking full civil documentation can readily be deprived of their basic rights. They cannot freely
move around for fear of arrest, nor can they get a job or apply for welfare benefits. Children denied
birth certificates may be considered stateless and may not be allowed to enrol in school. Women
unable to obtain death certificates for their spouses are unable to inherit property or remarry.”46
40
OCHA, Iraq; Humanitarian Needs Overview 2019, 16 December 2018, at 9, available at:
https://reliefweb.int/sites/reliefweb.int/files/resources/irq_2019_hno.pdf
41
Norwegian Refugee Council, Barriers from birth: Undocumented children in Iraq sentenced to a life on the margins, April 2019, at 7,
available at: https://reliefweb.int/sites/reliefweb.int/files/resources/barriers-from-birth---report.pdf
42
Norwegian Refugee Council, Barriers from birth: Undocumented children in Iraq sentenced to a life on the margins, April 2019, at 3,
available at: https://reliefweb.int/sites/reliefweb.int/files/resources/barriers-from-birth---report.pdf
43
Norwegian Refugee Council, Barriers from birth: Undocumented children in Iraq sentenced to a life on the margins, April 2019, at 18,
available at: https://reliefweb.int/sites/reliefweb.int/files/resources/barriers-from-birth---report.pdf
44
UN Human Rights Council, Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, 5 June 2018, at 75-76,
available at: https://www.refworld.org/docid/5b7ad39d4.html.
45
UN Human Rights Council, Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, 5 June 2018, at 75-76,
available at: https://www.refworld.org/docid/5b7ad39d4.html.
46
Human Rights Watch, Iraq: Families of Alleged ISIS Members Denied IDs, 25 February 2018, available at:
https://www.hrw.org/news/2018/02/25/iraq-families-alleged-isis-members-denied-ids
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