Civil Registration: Barriers in Practice
27. Article 1060 of the Civil Code requires Iranian women to gain special permission from Iranian
authorities prior to marrying a man of foreign nationality. 30 Any foreign individual, who
marries an Iranian woman without such permission risks imprisonment for up to 5 years.31,
Such permission prior to marriage has not been granted to Iranian women and Afghan men
easily. For example, the provincial government in Mazandaran province in 2010, declared
that all marriages in the province between Iranian women and foreign nationals illegal, and
indicated that individuals who fail to observe this regulation would be subject to
punishment. Afghans, along with Iraqis, Pakistanis, and Bangladeshis are specifically
mentioned in the circular as foreign nationals that are “forbidden” from marrying Iranian
women, according to HRW report in 2013. In addition to the reluctance of state authorities
to grant the required permissions, administrative, financial and cultural barriers also prevent
Afghans from obtaining a civil marriage certificate. Additionally, a lack of awareness among
traditional Afghan communities regarding the necessity of civil registration has been seen
especially among the Baluch ethnic group that prefer an exclusively traditional marriage,
which is only approved orally.
28. Article 12 of the Personal Status Registration Act stipulates that the birth of every child born
in Iran shall be reported to the Civil Birth Registration Organisation, regardless of the
parent’s nationalities.32 However, there are administrative, economic, and cultural hurdles
preventing parents from registering the birth of their children. The Iranian birth certificate,
unlike the birth notification, is considered proof Iranian nationality. Thus, a stateless person
cannot register the child’s birth anywhere. For foreign nationals, the father’s residence
status is determinative of the registration steps to be taken. In addition to the financial
barriers of birth registration, many foreign nationals, specifically undocumented Afghans,
give birth at home. Parents whose child is born at home have to provide a written affidavit
for the birth registration, either in the Bureau for Aliens and Foreign Immigrants Affairs
(BAFIA) for registered refugees, or the embassy for undocumented and visa holding foreign
nationals. The process is usually considered to be very time-consuming and complicated for
people who are not familiar with it. Additionally, lack of awareness of the significance of
birth registration, especially for girls and children with disabilities and children before the
school age, and cultural hesitations are further barriers to birth registration.
30
Iranian Civil Code: Book 7 On Marriage and Divorce, Art. 1060.
Iranian Family Protection Act, Art. 51.
32 Article 12 of the Personal Status Registration Act.
31
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