Tammuz Organization for Social Development – Free Legal Clinic held the seventh awareness workshop in the presence of (25) participants, the workshop was for the returnees of the displaced and was held in Fallujah at Al Khair Hall on Tuesday 04/07/2017.
Our colleague Zulfikar, started to welcome the audience, and then our colleague Azer Sadiq Mahmoud, began his lecture on how to issue a birth affidavit.
The birth affidavit: is confirming the birth of a child whose parents could not obtain a birth certificate when he/ she was born. for example, that birth took place outside the hospital by a qualified midwife, and this is what abundantly happened during the period of displacement.
Therefore, his/her family asks the court to issue a birth affidavit for the child so that the birth can be recorded in the relevant departments such as: the office of births and deaths and the civil status department for the purpose of obtaining a Civil Status ID card for the child.
Application Procedures and Required Documents:
1- An application shall be made by the person concerned
2-Submit the marriage certificate.
3- The civil status ID card for both husband and wife.
-The housing card of the couple.4
. 5-Bring two witnesses
6-A request shall be made to the judge by the applicants of the birth affidavit requesting the issuance of a birth affidavit to be given to their child.
7- The competent judge shall disregard the request till the necessary work is done and the legal fee is paid.
8- The relevant departments shall be addressed by the Court under official letters to the Civil Status Department to provide the court with a registration copy marked with all required marks.
After receiving the answer: the words of the applicant of the affidavit (the father or the mother) are recorded, the testimony of the witnesses is recorded and they shall testify honestly that the concerned child was born by the concerned couple.
After hearing the statements of the applicant of the birth affidavit and the witnesses after taking the oath, a fact- finding shall be submitted by Judicial Assistant to competent judge, the judge decides to refer the child to forensic medicine sealed on one arm (hand) to determine his/her age.
After the answer is received, the judge shall decide on the necessary action and the completion of the legal proceedings to issue the affidavit.
The legal fee shall be paid and recorded in the record of the affidavits.
The record and the file shall be submitted to the competent judge for the signature of the birth affidavit according to the form adopted by the court and issued on the same date, then signed and stamped from the court seal and handed over to the owner.
Attorney Azer Sadiq Mahmoud talked about the return procedures followed in accordance with the approved instructions:
1. Receiving a security form for each family head.
2. Fetch the official documents (original and copy).
3. Family members must not include a loyal person to terrorist groups.
4. Obtain a recommendation from the Mukhtar of the district where the displaced person lives.
5. The approval of a security committee, who shall be composed of various categories of security forces.
Our colleague Abd-Jazaa, emphasized that when checking the department of migration in Al-anbar governorate, the returnees must bring the following required documents with them:
1. Bring the four documents (of origin and copy) of the head of the family.
2. Bring the QI card.
3. Obtain a confirmation to prove the family’s return to their place of residence.
4. Seal the confirmation by the Mukhtar of the district, where the head of the family belongs to.
5. Obtain a form from the Department of Immigration.
6. To have the confirmation sealed by the police station and the local council.
7. Deliver the transaction to the Department of Migration and the displaced.
Then the floor for questions was opened:
The returnee Samira Khalaf Zaidan said that she had given birth to a baby girl during the control of ISIL over the city of Fallujah and she could not obtain a birth certificate for her. Mr. Azer told her that she should hire a lawyer and then the baby should be present before the judge with her parents, subsequently, the baby would be shown to a medical committee in order to determine her age, then a birth affidavit would be issued for her.
And also the returnee Jassem Shalal Hamad said that a son of his had died in Fallujah and a death certificate had not been issued for him.
The colleague Azer told him to submit a request to the Court of Inquiry requesting the issuance of a death affidavit and the presence of two witnesses.
At the end of the seminar, the attendees were thankful for the importance of this symposium and the information they had benefited from.
Twenty-five brochures were distributed at the hall and 75 brochures in the camps.