2022
Statelessness & Citizenship Review
4(1)
Iranian mothers and non-Iranian fathers can apply for Iranian nationality before
reaching 18 years of age through their mothers. 10 Persons 18 years of age and
above can apply independently.11 The revised legislation was approved by the
Guardian Council in October 2019 and submitted to the Government for
implementation.12 The most recent data, published in July 2021, reports that, since
the beginning of the implementation of the new law in July 2020, more than 90,654
cases have applied for Iranian citizenship, around 62% of them under 18 years old,
while 1,808 cases have received their ID cards.13
HISTORY OF THE PROBLEM IN IRAN
In general, there are three populations of concern in Iran who have been affected
by the nationality laws and are undocumented: (1) people of Iranian origin with
no access to Iranian citizenship; (2) Afghans without documentation; and (3)
children of Iranian mothers and non-Iranian fathers without documentation.
PEOPLE OF IRANIAN ORIGIN WITH NO ACCESS TO IRANIAN CITIZENSHIP
The first group consists of persons of Iranian origin who have lived in Iran for a
long time but have no identification documentation due to poverty or cultural
barriers, such as lack of knowledge about the importance of documentation. This
population is estimated to number up to 1 million.14 The majority live in the
provinces of Sistan-o-Baluchestan, Kordestan, Khuzestan and Lorestan. Due to
the lack of understanding about the benefits of birth registration, the desire to avoid
conscription, the high incidence of home births and the population’s remoteness
from large cities and civil registry offices, people in this community have not
registered their births and, consequently, have not received any identity
documentation. This problem has passed from generation to generation, with the
most recent generation unable to obtain identity documents; often, children do not
have a parent who is a documented citizen or proof that both they and their
parent(s) were born in Iran.15 Another group within this category are those children
who are born out of wedlock, whose father is unknown and whose mother does
not have identification documents, especially in cases where the mother has a
10
11
12
13
14
15
Amendment to the Law on Determining the Nationality of Children Born from a Marriage of
Iranian Women and Foreign Men 2006 (Islamic Republic of Iran) (‘Amending Law 2006’).
‘Iranian Women Marry Foreign Men; Citizenship was Granted to Children’, Euronews
(online, 3 June 2020) <https://fa.euronews.com/2020/06/03/granting-iranian-citizenshipfrom-mother-to-child-under-18-years-of-age-were-implemented>.
ibid; Hajikhani (n 9).
‘Factsheet of Ministry of Interior: Review of the Main Activities of the Security and
Disciplinary Affairs Department in the 11th and 12th Administration’, Iranian Ministry of
Interior (26 July 2021) <https://moi.ir/fa/155136>. This link is only available through an
Iranian IP address.
Masoud Rezaei, ‘There Are One Million Unidentified Persons in the Country/Unidentified
Persons Are Deprived of All Government Facilities’, Islamic Consultative Assembly News
Agency (online, 5 May 2017) <https://www.icana.ir/Fa/News/332614>; Fatemeh Shiri,
‘Unidentified Families After Four Generations’, Islamic Republic News Agency (online, 16
July 2020) <www.irna.ir/news/83846128/>.
Nasrin Hazareh-Moghaddam, ‘The Challenge for Iranians without Identity Cards Remains’,
Iran Labor News Agency (online, 16 May 2019) <https://www.ilna.news/fa/tiny/news-763514>.
142