Country Position Paper: Statelessness in Iran 5.4.1 Access to Afghan documents and nationality The primary Afghan personal identification document is called the ‘tazkera’ and is considered proof of national identity and nationality status.79 Acquiring a tazkera is dependent upon relatives having a tazkera, meaning that the children of those without a tazkera face difficulties in accessing documentation.80 As the rules for applying for a tazkera require the applicant to be in their place of origin or in Kabul, or in contact with Afghan authorities, the older generations of Afghan-born refugees in Iran are more likely to have a tazkera. Subsequent generations, who were born in refugee settings outside Afghanistan, will have difficulty accessing documentation to prove their links to the country.81 Further, in cases where the father is unknown, not available or has abandoned the family, and family ties are weak (which is prevalent in the border areas), proving Afghan nationality can be difficult, if not impossible, for the children. When identity cannot be established, the individual must seek verification by two Afghan nationals and the local police department in Afghanistan in order to acquire a tazkera. In situations where an individual cannot complete this process, a commission consisting of authorised representatives including the Supreme Court, Ministries of Foreign Affairs and Migration and Immigration, the Office of the Attorney General, the National Directorate of Security (NDS) and the Office of Registration of Population Records and Foreigners Identity Assessment shall assess the application and decide whether to issue a tazkera.82 As detailed above, the process to obtain a tazkera is complex and time-consuming and there are barriers to overcome. The key insurmountable barrier for refugees in acquiring tazkera is the need to return to their place of origin or to Kabul83 to apply for the documentation as a tazkera cannot be issued outside of Afghanistan.84 Acquiring Afghan citizenship for Afghan refugees in Iran is therefore not a durable solution to protect against statelessness. Afghan refugees in Iran may be at risk of statelessness due to the inability to maintain ties with and documentation of citizenship of Afghanistan, which can in particular impact the enjoyment of nationality by children born in a protracted situation of exile. 79 NRC. (2016). Access to Tazkera and other Civil Documentation in Afghanistan. Retrieved from https://www.nrc.no/resources/reports/access-to-tazkera-and-other-civil-documentation-in-afghanistan/. Having a tazkera opens the door to various services in Afghanistan including education, employment, healthcare and loans. NRC, Escaping War: Where to next? The Challenges of IDP Protection in Afghanistan, 24 January 2018, at 3.5, available at: https://www.nrc.no/resources/reports/escaping-warwhere-to-next-the-challenges-of-idp-protection-in-Afghanistan/ 80 NRC. (2016). Access to Tazkera and other Civil Documentation in Afghanistan, available at: https://www.nrc.no/resources/reports/access-to-tazkera-and-other-civil-documentation-in-afghanistan/ 81 Institute on Statelessness and Inclusion and Global Campaign for Equal Nationality Rights. (2019). Joint Submission to the Human Rights Council at the 34th Session of the Universal Periodic Review on Iran. Retrieved from http://www.institutesi.org/UPR34_Iran.pdf 82 Afghanistan: Law of 2014 on Registration of Population Records [Afghanistan] Article 19, 2014, available at: https://www.refworld.org/docid/544a4c434.html 83 For more information please see UK Home Office, Country Policy and Information Note Afghanistan: security and humanitarian situation, July 2019, at 9.3, available at: https://www.ecoi.net/en/file/local/2012825/AFG_CPIN_Security_situ.v6.0__July_2019_.pdf and NRC. (2016). Access to Tazkera and other Civil Documentation in Afghanistan, available at: https://www.nrc.no/resources/reports/access-to-tazkeraand-other-civil-documentation-in-afghanistan/ 84 NRC. (2016). Access to Tazkera and other Civil Documentation in Afghanistan, available at: https://www.nrc.no/resources/reports/access-to-tazkera-and-other-civil-documentation-in-afghanistan/ at page 15