Evelyn Joseph Ninu, aged 33, is facing a legal dilemma where she must decide between embracing Christianity or obtaining an Iraqi national card as a Muslim due to a legal provision that some view as unjust.
Evelyn expressed her desire to have a national card like any other Iraqi citizen and emphasized her right to determine her religion.
Born in 1991 to Christian parents in Inishke village of Sarsang sub-district within the Amedi district of Duhok province, Evelyn was 15 years old when her parents separated. Following the divorce, Evelyn's mother, Jenny Joel, married a Muslim man and officially converted to Islam, changing her name to Iman in the court of Duhok Northern Province. As per the now-repealed Iraqi Civil Status Law, individuals under 18 were automatically considered Muslims based on their parents' religion and considered Muslim if any of them were.
When Evelyn's mother embraced Islam at the age of 15, her siblings were officially recognized as Muslims on their Iraqi citizenship and civil status identity cards. However, Evelyn remained identified as a Christian. Despite renewing her official documents multiple times, she continued to be registered as a Christian.
In 2010 when she was 19, Evelyn married a Christian man and was officially registered as a Christian, aligning with her personal beliefs.
As per the laws, such as the National Identity Card Law that replaced the Civil Status Law in 2016, children under 18 with Muslim parents are automatically registered as Muslims.
CaEvelyn Joseph Ninu, 33, and her husband Sami Butrus at their home in Inishke village of Sarsang sub-district. KirkukNow
In official documentation, including national identity cards, the authorities consider the date of Evelyn's mother's conversion to Islam and Evelyn's age at that time.
“I am Christian, born into a Christian family, my husband is Christian, I was married in church and all my marriage ceremonies and marriage contracts were based on Christianity, as well as my Iraqi nationality and civil status ID. Now they tell me I have to convert and become a Muslim. I want to choose my religion freely,” said Evelyn Joseph.
Twenty years ago, Iraq was home to more than 1.5 million Christians, making up 3% of the country's population. By 2003, this number had decreased to 800,000 after the Gulf War. The majority of Christians reside in provinces of Baghdad, Nineveh, Duhok, Kirkuk, and Erbil.
Recent data indicates that the current Christian population in Iraq ranges from 250,000 to 500,000. According to the Iraqi High Commission for Human Rights in March 2023, the number of Christians in Iraq has dropped to 250,000, with most of them living in the (KRI).
The Iraqi constitution recognizes Christianity as the second religion in the country after Islam and designates Syriac as the official language for Christians.
I want to choose my religion freely and have a national card
Evelyn expressed surprise when she was informed at the civil status office that they would not provide her with a national identification card. “Your mother has become a Muslim... We must have a court decision and this case must be resolved,” Evelyn said.
Since then, Evelyn and her husband have taken the case to court, constantly traveling between Erbil and Baghdad to obtain a national card and recognize Evelyn as a Christian.
Evelyn's husband, Sami Butrus, said they had renewed her citizenship and civil status cards three times since they got married in 2010 and had no problem since she was registered as Christian but for the national card, they say law does not allow that.
The Iraqi national card will replace the Iraqi citizenship and civil status identification cards per law.
The Christian family seeking the Iraqi national card has shared numerous letters with "KirkukNow" between the Erbil-based Kurdistan Regional Government KRG and the federal government in Baghdad. The case was recently brought to court for resolution.
"We have visited Baghdad five times and went to Erbil and Duhok court dozens of times. We have hired a lawyer and spent about 13 million dinars (USD9,000), but the case has not been resolved yet," he added.
"We are living in 2024. Forcing us to become Muslims is unfair. No one will accept this," Boutros said.
"When Evelyn's citizenship and civil status were renewed, it was written that she was a Christian, but her brothers and sisters, who all live abroad, were converted to Islam. They live abroad and do not recognize their conversion," said lawyer Akram Mikhail who supervises the case.
“But Evelyn lives here so she and her children need the national identity card. She wants to remain a Christian. She has not been registered as Muslim and now she has passed 18 and they have no right to change her religion.”
Another problem the family faces is that their children will not be issued national identity cards until the mother's case is resolved.
"According to the applicable laws, they require Evelyn and her children to convert to Islam, and her husband to be given a religious choice in court," Mikhail said.
"If he doesn't accept it, he is forced to divorce Evelyn. Unless the case is decided, the family won’t get the national card."
“Evelyn was written Christian before and after the age of 18 years. Now they can't change it... So we have filed a complaint against the citizenship office not to change the religion clause and give her a national card,” the lawyer added.
In general, some laws in Iraq, including the 2016 national card law and the personal status law, have become controversial for religious communities. Last month, Nechirvan Barzani, president of the Iraqi Kurdistan Region IKR, said in a conference about relevant issues, “People should not be forced to convert to another religion” and the controversies in the laws to be resolved.
"We demanded that these laws be amended because they cause problems, especially related to other religions," said Akram Mikhail, who attended the conference. "The law can't force people to convert to Islam which itself does not force people to become Muslims.”
Mikhail said he is representing another 15 cases similar to Evelyn’s and is working to resolve them in court. Most of the cases are in Duhok, Mosul, and Kirkuk, where Christians are part of the population and have marital relationships with Muslims.
Evelyn and Sami Butrus are planning to travel to Australia to live there permanently where all the siblings of Sami live but has to wait until their case is resolved as government formalities in Iraq currently require a national card, including issuing passports, without which they cannot travel abroad.
"Life here has been difficult for us. We are forced to migrate to lead a happy and problem-free life. We are now waiting for the case to be resolved," Sami said.
Khalid Jamal, Director General of Christian Affairs at the Ministry of Endowments and Religious Affairs of the (KRG) told KirkukNow, “We have tried to amend the laws that have created such problems but our efforts remained fruitless. I am pessimistic that Iraq will amend these laws.”
I am pessimistic that Iraq will amend these laws
"The national card law states non-Muslims are allowed to convert which means Muslims are not allowed to," said Nasser Hassan, a lawyer.
"Evelyn Joseph is being oppressed. According to the law, she was 15 years old when her mother converted to Islam, but she was not aware of her mother's case. Even her father remained a Christian," he added.
Tens of thousands of Christian families were forced to desert their homes when Islamic State (IS) militants overran northern Iraq in 2014, destroying their houses and historic churches, and forcing them either to pay a tax, convert to Islam, or leave their hometowns.
Over 20,000 families have fled abroad to escape the violence that plagued the country when Saddam Hussein's regime was ousted in 2003.
According to KirkukNow's follow-up, Evelyn’s mother has lost contact with her children after her divorce and conversion to Islam.
"The best solution is to amend the laws, but there is a mentality in Iraq that makes it very difficult to have a law so that we as Christians can defend our rights," said the Director General of Christian Affairs.
“Everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship, and observance,” states article 18 of the Universal Declaration of Human Rights UDHR proclaimed by the United Nations on December 10, 1948.
Hamdi Barwari, head of the Human Rights Organization, an NGO in Duhok, told Kirkuk Naw: “Yes, the laws are problematic. Evelyn has the right to remain a Christian because she does not want to become a Muslim. If the court does not decide in Evelyn's case, or if the ruling is not in her favor, she should not lose hope and consider taking the case to an appellate court.”
The laws are problematic and Evelyn has the right to remain a Christian
According to Article 2 of the Iraqi Constitution, Islam is the official religion of the state and a fundamental source of legislation. “No legislation that contradicts the established principles of Islamic religious beliefs and practices can be passed." Article three defines Iraq as a multi-ethnic and multi-religious country.
Evelyn Joseph's case is pending in the Duhok court for a final decision.
"At the last court hearing, at the jury, Christian clergy were present for the hearing. They said Evelyn Joseph is a Christian and even teaches Christian religious lessons to Christian students in her village’s church," Mikhail said.
"We are optimistic that Evelyn Joseph's rights will be restored and she will have a national card as a Christian.”
