The Iraqi nationality certificate: when it is asked for and what replaced it
Many Iraqis still keep their old nationality certificate, and some transactions still mention it, especially for people living abroad or dealing with papers issued years ago. What is the certificate's standing today, and what proves Iraqi nationality under the law in force? The office of lawyer Ali Barakat in Baghdad answers from the National Card Law and the Nationality Law.
The certificate proves nationality; it does not create it
Iraqi nationality does not arise from the certificate but from the law. Article 18 of the Constitution makes nationality the right of every Iraqi and the basis of citizenship, and treats anyone born to an Iraqi father or an Iraqi mother as Iraqi. Nationality Law No. 26 of 2006 repeats this in its third article and adds anyone born in Iraq to unknown parents, treating a foundling found in Iraq as born there unless there is evidence to the contrary.
The second article of the Nationality Law provides that anyone who obtained Iraqi nationality under the repealed Nationality Law No. 42 of 1924, Nationality Law No. 43 of 1963, Law No. 5 of 1975 granting nationality to Arabs, or the decisions of the dissolved Revolutionary Command Council granting nationality, is an Iraqi national. The certificate, whatever its date, was a means of proving a legal status that existed in its own right.
The national card in place of the certificate
The second article of National Card Law No. 3 of 2016 lists, among the means of achieving its aims, creating a civil information system that combines the data of the nationality certificate, the civil status identity card and the residence card, and issuing the national card to replace those three documents. The fourth article tasks the Nationality and Civil Information Directorate with migrating nationality records and civil records into the civil information system.
Article 35 provides that the national card is accepted by government and non-government bodies to prove the holder's identity and Iraqi nationality, and replaces the nationality certificate, the civil status identity card and the residence card.
Stopping issue of the certificate and keeping its records
Article 44 provides for the Minister of Interior to publish a statement in the Official Gazette stopping the issue of the nationality certificate, the civil status card and the residence card, together with their registers and files, except records relevant to proving or disproving events. The directorate keeps the registers and files of the nationality and civil status departments, and the civil status departments continue to operate as stations of the civil information system.
In practice this means an old nationality file is neither destroyed nor stripped of value. It remains a reference when an event must be proved or a record corrected. Someone seeking to correct data on the national card may rely on the old file as an official document, under article 29, which allows additions to a record based on official documents.
Where the certificate still appears in a text in force
The Nationality Law still mentions the certificate in one specific place. Item (b) of the first paragraph of the sixth article, listing the conditions for naturalisation, exempts from the lawful entry and residence condition "those born in Iraq and residing there who hold a civil status register and have not obtained a nationality certificate". The law recognises a special position for this group when applying for naturalisation; see naturalisation.
Iraqis abroad
Article 42 of the National Card Law leaves procedures for Iraqi communities abroad to instructions issued by the Minister and allows the Minister to delegate all or some of the law's powers to consulates. A person living abroad therefore deals with the Iraqi mission within the powers delegated to it.
A dispute over nationality itself
Where the disagreement is not about the document but about holding nationality at all, for example where the administration denies that a person is Iraqi, it is a claim arising from the Nationality Law, which falls to the administrative courts under article 19. See challenging Nationality Directorate decisions.
Legal basis and sources
- Iraqi Nationality Law No. 26 of 2006, articles 2, 3, 6 and 19 (Official Gazette, issue 4019 of 7/3/2006)
- National Card Law No. 3 of 2016, articles 2, 4, 35, 42 and 44 (Official Gazette, issue 4396 of 1/2/2016)
- Constitution of the Republic of Iraq 2005, article 18 (Official Gazette, issue 4012 of 28/12/2005)
Frequently asked questions
Has the old nationality certificate lost its value?
The national card replaces it as proof under article 35, but the registers and files are kept by the directorate under article 44 and can be relied on in corrections.
Is the child of an Iraqi mother Iraqi?
Yes. Article 18 of the Constitution and the third article of the Nationality Law treat a person born to an Iraqi mother as Iraqi.
Where is the national card issued?
By the Nationality and Civil Information Directorate; see the national card.
Related topics and articles
- 01The national card: issue and correction of dataIssuing and replacing the national card and correcting errors in the civil record under articles 5, 29, 30 and 34 to 36 of Iraq's National Card Law No. 3 of 2016.
- 02Naturalisation as an Iraqi national under the Nationality LawConditions for naturalisation in articles 4 to 9, 11 and 14 of Iraq's Nationality Law No. 26 of 2006: ten years' lawful residence, the husband of an Iraqi woman, the foreign wife, and the oath of loyalty.
- 03Loss, renunciation and recovery of Iraqi nationalityWhen Iraqi nationality ends: written renunciation, withdrawal of acquired nationality, the effect on children, and recovery, under article 18 of the Constitution and articles 10 and 12 to 18 of Nationality Law No. 26 of 2006.
- 04The Iraqi passport: issue, renewal and damaged passportsIssuing and renewing an Iraqi passport, replacing a lost or damaged one and travel bans under Passports Law No. 32 of 2015: passport types, minors' passports, reporting loss and cancellation.
- 05Correcting a name or surname in the civil recordCorrecting a full name, changing a first name or surname and registering a surname under articles 19 and 21 to 26 of Iraq's National Card Law No. 3 of 2016.