Keywords : Problems

Problems of Iraqi Nationality Law No. (26) for the year 2006 in the field of granting citizenship and withdrawn

Jottiar M. Rachid; Mohammed J. Hassan

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 7, Pages 1-33

After the system has been changed in 2003, Iraqi legislator found himself in front of an injustice law to the Iraqi nationality, as a result of its implementation hundreds of Iraqi’s citizen has been forbidden from their nationality which has no any excuse awfully. In 2005 Iraqi constitutional decided the rules that related to the Iraqi nationality which was not included in the previous legislation. As a result of that, Iraqi legislator has ruled the new Law of Nationality in 2006, which considered about the implementation of the provisions which has related and cancel or edit an injustice rules which included the previous law and decisions that related to the Iraqi nationality. Despite that development which happened under the new law, but it is contained many problems.
First of all, the new legislation has espoused the constitutional principle regarded to the equality between man and women in field of transfer Iraqi nationality to their Childs without any restriction and it’s not contain any regulations which bind nationality of Iraqi mother on their Childs. In addition, the new law is not corresponding to the modern bearings for nationality legislation which is binding, because of humanity reasons, nationality of state on born in its territory from their parents which have non nationality. In the field of acquired nationality, the legislator in the new law has not succeeded some times.
On the other hand, the regulation of the new law for the loss and retrieval of Iraqi nationality contain obscurity and diminution in different parts especially in the field of withdraws Iraqi nationality. Despite the debilitation in legal wording which is cleared in different provisions of the new law of the Iraqi nationality.