Appendix 1

Documentation Procedures

1. Civil ID

1.A Procedure to obtain document

The Ministry of Interior (MoI) provides Iraqi citizens with a civil ID document (see Example 1 below) through the Directorate of Travel and Nationality and other related civil status offices after receiving the following items:

1. Civil ID application form (an application form can be obtained from the Directorate of CivilStatus);2. Housing card;3. Proof of residence for the applicant, issued by the city council;4. Food Public Distribution System (PDS) card;5. Two personal photos, required even for a new born child; and6.A copy of the civil ID of the applicant or one of her or his immediate relatives in the case of loss or replacement of ID.

For a child, the birth certificate is sent from the respective birth registration office to the Directorate of Civil Status through the official post. Likewise, other documentsmarriage contract, ratification of out of court marriage, death certificate, proof of death, or separation verdictsmust be sent to the directorate.

1.B Challenges

1.The housing card and proof of residence have to specify that the applicants residence is within the same area where her/his civil ID is to be issued from. For IDPs, this is a challenge that may be overcome if they are registered with MoMD; however, for squatters, city councils will not issue proof of residence.2. In the case of applying for a replacement, it may prove challenging for some applicants,particularly IDPs, to present a copy of a relatives ID. The same may happen with refugeereturnees and those having cut ties with their families.

2. Nationality certificate

Example 1: Iraqi civil ID sample

2.A Procedure to obtain document

An Iraqi nationality certificate (see Example 2 below) is a document that is provided according to Iraqi Nationality Law (No. 26 of 2006) by the Travel and Nationality Directorate in the MoI. The procedure to obtain a nationality certificate includes the following:

1.The applicant, including newborns, must appear in person at the Nationality Directorate; power of attorney and delegation are not permitted for cases that are processed in the Nationality Directorate;2. The applicant must purchase an application, at the cost of 250 IQD;3.If the father's, mothers, and sibling(s)s nationality certificate are lost or damaged, the applicant must provide the grandfathers or uncles (both from the fathers side) nationality certificate; if the uncles nationality certificate is used, two witnesses must also be provided. If none are available, a copy of the familys civil record of the year 1957 should be provided; and4. The applicant must provide her or his PDS card, two recent photos, and the applicantshousing card.2.B Challenges

1.The housing card and proof of residence must specify that the applicants residence is within the same area where her/his civil ID is to be issued from. For IDPs, this is a challenge that may be overcome if they are registered with MoMD; however, for squatters, city councils will not issue proof of residence.2. In the case of Ghajar (Dom), the nationality certificate issued carries an exception stamp.Since the new Iraqi Nationality Law No. 26 of 2006, this group was not granted new certificates and was also denied renewal of lost/damaged certificates. This policy continued until late October or early November 2013. As of late 2013, only Ghajar minors whose fathers carry Iraqi nationality certificates may apply for them. As for adult Ghajar, they cannot be issued certificates for the first time, but they are able to apply for renewals if their fathers, again, have Iraqi nationality certificates.

Example 2: Iraqi nationality certificate sample

3. Housing card

3.A Procedure to obtain document

Applicants must provide the following items to obtain a housing card (see Example 3 below):

1.A letter from the city council or mukhtar, addressed to the Central Information Office in the case of issuing a new housing card, or addressed to the information office of the residence area in the case of a renewal;2. PDS card (original & copy);3. Civil IDs of the family members (original & copies);4. Nationality certificates of the family members (original & copies); and5. Housing card request form provided by the information office.

3.B Challenges

1.In the case of IDPs, if they are not registered with MoMD, or they are squatters, they will not be provided the required letter.2.In the case of Ghajar, for adults who do not possess Iraqi nationality certificates or cannot renew because of the challenge in the section above, they would not be able to apply for a housing card for incomplete requirements.

Example 3: Iraqi housing card sample

4. Proof of lineage

4.A. Procedure to obtain document

The procedure to obtain a proof of lineage is as follows:

1.A parent files a lineage lawsuit at the Personal Status Court at the place of his or her residence, with the other parent as the accused; if the father is deceased, his father, brother or uncle (on the fathers side) must take his place, and if both parents are dead, the personrequiring the proof of lineage files the lawsuit with one of the fathers abovementionedrelatives as the accused.2.Attach copies of the civil records of both spouses based on a request from the court, marriage contract, and civil IDs for one or both spouses (photocopy) to the case file;3.Two witnesses, preferably persons related to the father, must provide testimony before the court to attest to the linage of the person requiring the proof;4.The person requiring the proof of lineage is then sent to the forensic medicine institution for age estimation or bio tissue check; and5. Last in the process, when the accused parent or abovementioned fathers male relativetestifies to the court that the person requiring the proof of lineage is a son or daughter of the parent in question, the judge will provide the person with the proof of lineage.

4.B. Challenges

1.If the person does not have a valid ID, such as in the case of adult Ghajar with no documentation at all, it is extremely difficult to give powers-of-attorney for a lawyer to file a case on her/his behalf; in these instances only verbal assistance can be provided. If the marriage is not registered, it has to be proven and registered legally as well.2.Cultural barriers that prohibit some men, such as brothers or uncles, from agreeing to appear in court as witnesses.

5. Proof of birth

5. A Procedure to obtain document

Applicants must provide the following documents to obtain proof of birth:

1.Application form to obtain the proof of birth presented by the mother or the father with a financial stamp of 250 IQD from the personal status court (see Example 4 below);2. Civil ID of the parents (original and copy); and3.The parents marriage contract, or if one of the parents or guardian is deceased, lineage has to be proven first (see Example 5 below).

The Civil Directorate where the father is registered should approve in advance the registration of the child or children who are listed on the form. After that, the father is provided with an official letter from the court that is addressed to a specialized committee that is affiliated with the Ministry of Health (MoH) for age estimation if there was no hospital record of the birth; the result is given to the father after 20 days via official mail, which includes the age of the child according to the committee. The ageestimation report is to be presented to the court and the proof of birth should be issued within two days of completing the documents and legal procedure. Then, the proof is sent via official mail to theBaghdad Health Directorate/Rusafa or Karkh, then to the Directorate of Civil Status mentioned above. These final two steps take between 2-5 months.5.B Challenges

1. If the marriage is not registered, it has to be proven and registered legally as well.2.If the parents, or either one of them, is stateless/does not have a valid civil ID, their child cannot be given a birth certificate, but the child can be registered to the name of the other parent; the incomplete birth certificate stays at the hospital until the undocumented/stateless parent presents his/her civil ID. This stems also from the fact that if one parent doesn't have documentation, the marriage could not have been legalized by court. If the birth certificate is not completed within 15 days of birth, it cannot serve as a birth certificate, but can be used later for proof of birth or proof of lineage cases instead of having to estimate the child's age.

Example 4: Iraqi proof of birth request sample

Example 5: Iraqi proof of lineage court decision sample

6. Marriage contract

6.A Procedure to obtain document

Applicants must provide the following documents to obtain a marriage contract (see Example 6 below):

1. Marriage contract application form, obtained from the court;2.Medical examination form provided through the Personal Status Court free of charge and filled in by the medical examination lab that is affiliated with the Directorate of Health;3. Civil ID and Iraqi Nationality Certificate (original and copy) for both spouses (If theapplicants nationality certificate is not available, her or his parents nationality certificatecan be used);4. Copy of civil ID record of both spouses;5. Two witnesses testimony on the marriage contract before the court; and a6.Medical report that confirms the womans physical fitness for marriage; this is required for minor girls who are under the age of 15. The judge refers the girl to a medical committee to report on her physical fitness.

The marriage contract is issued on the same day by the court after completion of the above requirements; the legal fees required are 5,250 IQD (excluding the expenses of providing the above documents and stamps).

Ratification of external marriage contracts:

Applicants must follow the below procedure to ratify an external marriage contract.

1. File a case at the Personal Status Court;2.Both spouses must report to the Investigation Court (the husband as an accused and the wife as a witness); the case proceeds to the Court of Misdemeanours if the date of marriage was after the General Amnesty on 1-1-2008; and3.After the Misdemeanours Court fines the couple 50,000 IQD, the court refers them to the competent personal status court in order to legalize the marriage contract.

6.B Challenges

1.If the person does not have a valid ID, such as in the case of adult Ghajar with no documentation at all, it is extremely difficult to give powers-of-attorney for a lawyer to file a case on her/his behalf;2.Civil IDs and nationality certificates have to be issued for stateless or undocumented persons before they can obtain or ratify their marriage contract; and3. Cultural barriers that prohibit some men from being dragged to court by their wives.Example 6: Iraqi marriage contract sample