Country Position Paper: Statelessness in Iran
available, however, reports state that around 300-400 families of Khavari descent reside in this
province and are registered as Iraqi-born Afghans. 59 A further 125 individuals are registered as
formerly holding Iraqi nationality and currently holding Afghan nationality.60
Despite their history in Iran, the Iranian Government does not recognise their Iranian nationality and
instead associates their origin with Afghanistan.61 If they are unable to present an ID card proving
Iranian or Iraqi nationality, they will be assumed Afghan by the authorities even though many do not
hold Afghan nationality. 62 Wrongly identifying nationality can lead to an imputed nationality, ‘hiding’
the individual, which in turn affects the accuracy of statistical information and can impact the
treatment of the stateless individual and their ability to access social services.
Those who do hold Iranian documentation are also at risk of statelessness. In 2004 the confiscation
of Khavari birth certificates was documented, and in 2005 there were reports of birth certificates
being nullified.63 Given the importance of birth certificates acting as proof of nationality in Iran64 if
those who have had their documents confiscated or nullified to not hold another nationality, they
are at risk of being made stateless.
5.3 Baluch Population in Sistan and Baluchistan
The situation of Baluch people who lack proof of Iranian nationality is generally under-researched
and the number of people affected in Iran is unclear.65 The Sistan and Baluchistan province, located
in the southeast of the country, shares a border with Afghanistan and Pakistan and is predominantly
inhabited by the ethnic and religious minority Baluch population. The Baluch people are
disproportionally affected by the lack of proof of citizenship as historically they have had little
interaction with the State and its institutions resulting in birth and marriages not being registered,
and the need for official identification cards not being fully realised.66 The population affected also
extends beyond Sistan and Baluchistan: in other border provinces, a number of residents with
undetermined nationality have been identified. 67 Experts have claimed that many Baluch have
wanted to apply for state identification cards but often face insurmountable hurdles in doing so,
including accessing documentation and financial hurdles.68
59
Tucker, J. (2014). Exploring Statelessness in Iran. Gaps in the Nationality Law, Populations of Concern and Areas for Future Research.
Retrieved from http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2441850
60
Ibid.
61
Tucker (2014) states that “the Khavaris today are, by default, deemed to be Afghan by the Iranian authorities, if they fail to present ID cards
showing they are of Iraqi or Iranian nationality - although many are not Afghan nationals.” See Tucker, J. (2014). Exploring Statelessness in
Iran. Gaps in the Nationality Law, Populations of Concern and Areas for Future Research. Retrieved from
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2441850.
62
Ibid.
63
Ibid.
64
UNHCR (2005) ‘Birth Registration in Iran: An Analysis of the State of Relevant Laws in Iran, available at:
https://unstats.un.org/unsd/vitalstatkb/KnowledgebaseArticle50544.aspx
65
Seeking identity. (2016). The Islamic Republic News Agency (IRNA). Retrieved from http://www.irna.ir/sb/fa/News/82431374/
66
Ceasefire Centre for Civilian Rights, Minority Rights Group International and the Centre for Supporters of Human Rights (2018) Rights
Denied: Violations Against Ethnic and Religious Minorities in Iran, available at: https://minorityrights.org/wpcontent/uploads/2018/03/Rights-Denied-Violations-against-ethnic-and-religious-minorities-in-Iran.pdf
67
About 1,110 persons are identified in Khorasan Razavi Province who are either undocumented or lack proof of citizenship. (2016). The
Islamic Republic News Agency (IRNA). Retrieved from http://www.irna.ir/fa/News/82307827
68
Ceasefire Centre for Civilian Rights, Minority Rights Group International and the Centre for Supporters of Human Rights (2018) Rights
Denied: Violations Against Ethnic and Religious Minorities in Iran, available at: https://minorityrights.org/wpcontent/uploads/2018/03/Rights-Denied-Violations-against-ethnic-and-religious-minorities-in-Iran.pdf
13