Country Position Paper: Statelessness in Iraq their own or through circumstance.21 The Nationality Law does not define what constitutes ‘wrong information’. The deprivation of nationality under these clauses in the law can lead to statelessness if the person in question holds only Iraqi nationality. Article 14(2) of the Nationality Law states that if an Iraqi loses Iraqi nationality, their minor children will also lose Iraqi nationality, but the minor may have their nationality restored by applying again and residing in Iraq for at least one year. This may also lead to statelessness as there is no condition that the child has another nationality. However, the provision contains an exception that the child can restore Iraqi nationality if they: make a request, return to Iraq and reside in Iraq.22 The provision creates a high threshold for minor children to return to and reside in Iraq, possibly without their parents, in order to reinstate their nationality. The Iraqi Constitution also states that any person previously deprived of their nationality may demand reinstatement. One of the stated purposes of the 2006 Nationality Law was in fact to, “[e]nable an Iraqi who had been arbitrarily deprived of his nationality to duly restore it.”23 Article 17 of the Nationality Law contains a provision specifically designed to address the denaturalisation of those who had their nationality revoked by the 1980 Resolution. Article 18 establishes a more general right to restoration of nationality for those denaturalised on “political, religious, racist or sectarian grounds”. However, there have been some difficulties in implementation of these clauses for reinstatement of nationality (see 4.1 below). 2.4 Naturalisation Article 6(1) of Iraq’s Nationality Law grants discretionary powers to the Minister of Interior to naturalise persons as Iraqi citizens, provided that the person concerned has: • • • • • • Reached the legal age according to Iraqi law, Legitimately entered Iraq and resided within Iraq at the time of applying for naturalisation, Legitimately resided within Iraq for ten consecutive years prior to applying for naturalisation,24 Good character (is of “good conduct and reputation”) and has not been convicted of an offence or dishonourable misdemeanour, “Conspicuous means of livelihood”, and No communicable diseases.25 21 For example, if a child is born outside Iraq to an Iraqi mother and unknown father and subsequently is naturalised as an Iraqi citizen after turning 18 years old (see Article 4 of the Nationality Law), they may have their Iraqi nationality withdrawn if the identity of the father was known and the Iraqi authorities deem that the child provided “wrong information” about their family. 22 The provision states the minor child will be considered as an Iraqi national for one year from the date of return (presumably until a decision is made on their request to reinstate their nationality). Article 14(2) states, “If an Iraqi loses Iraqi nationality, his minor children shall consequently lose that nationality. Notwithstanding, they may restore Iraqi nationality upon their request if they return to and reside in Iraq. They shall be considered Iraqis for one year effective from the date of return.” 23 Iraqi Nationality Law [Iraq], Law 26 of 2006, 7 March 2006, available at: https://www.refworld.org/docid/4b1e364c2.html 24 In the case of a non-Iraqi man married to an Iraqi woman, this residency requirement may be reduced to five years if: the Minister of Interior uses their discretionary powers; and there is “continued wedlock” between the couple [see Article 7, Iraqi Nationality Law [Iraq], Law 26 of 2006, 7 March 2006, available at: https://www.refworld.org/docid/4b1e364c2.html]. 25 Article 6(1)(a)-(f), Iraqi Nationality Law [Iraq], Law 26 of 2006, 7 March 2006, available at: https://www.refworld.org/docid/4b1e364c2.html. 7