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(Articles 4-7, linked to several conditions, such as having legal residence
inside the country, knowing the Arabic language) and the acquisition of
nationality through marriage (Articles 8-9).
Following these rules, of those Syrians who change their host country during migration (not only those travelling to Europe, but everywhere else − a few millions of them went to Jordan, Lebanon, Turkey and
Egypt), every child born outside Syria who does not know his or her
Syrian father or cannot prove that he or she was born of a Syrian father
is automatically a stateless person. Even if the child’s mother knows that
the father is Syrian, but he had stayed at home in Syria and is now lost
or dead, she cannot pass Syrian citizenship on to her child.
Iraqi national law regulates the right to nationality in a different
way. Pursuant to Article 3 of the 2006 Law 26 − Iraqi Nationality Law
(INL),31 a person is considered Iraqi if (a) he or she was born to an Iraqi
father or mother or (b) he or she was born in Iraq to unknown parents.
Proving Iraqi identity becomes complicated when the child is born outside Iraq. Article 4 provides that the Minister of the Interior may consider
an application from any person born outside Iraq to an Iraqi mother and
an unknown or stateless father if he chooses Iraqi nationality, within
one year from coming of age, unless he fails to do so due to difficult
circumstances, provided that he is residing within Iraq at the time of
application for Iraqi nationality. Therefore, in Iraqi national law, there is
also discriminatory treatment of women in the administrative procedure
(the act is silent on situations where a child is born outside Iraq to an
Iraqi father and a mother with an unknown nationality − perhaps, in the
light of Article 3, such a child acquires citizenship automatically?). Subsequent articles of the INL determine conditions whereby nationality can
be passed on through nationalisation, which also requires the taking of
an oath to adhere to Islam (Article 8).
Finally, unlike the Syrian and Iraqi grounds for the acquisition and
loss of citizenship, the Afghan nationality law is codified mostly with international standards, especially with human rights. The 2000 Law on
Citizenship of the Islamic Emirate of Afghanistan32 provides that citizenship is equal and similar for all citizens (Article 2). Traditionally, ius sanguinis is the primary pathway to citizenship, besides naturalisation and
the obligations imposed by international treaties in the case of conflict of
laws. However, the persistent, unstable political situation in the country
since the 1980s has resulted in millions of Afghans fleeing to other co31
Law 26 of 2006 − Iraqi Nationality Law, 7 March 2006 available at <www.refworld.org/
docid/4b1e364c2.html> accessed 22 May 2020.
32
Law on Citizenship of the Islamic Emirate of Afghanistan, 24 June 2000, available at
<www.refworld.org/docid/404c988d4.html> accessed 22 May 2020.