Country Position Paper: Statelessness in Syria According to UNHCR and the Syrian Ministry of Interior, “Marriages of Syrian citizens (or Syrian Palestinians49) to non-Arab foreigners requires prior approval from the Syrian Minister of Interior or the person authorised by him (as per Legislative Decree 26 of 2007). Without such approval, a marriage to a foreigner cannot be registered in the civil registry, notwithstanding a court ruling.”50 The joint report also states, if an applicant for a marriage certificate is a “… maktum or stateless he/she must also attach an identification certificate issued by his/her mokhtar containing his/her personal data and religion. The identification certificate requires the presence of two witnesses, and it must be attested by the municipality.”51 4.1.2 Birth Registration In Syria, a birth certificate is proof of legal identity enabling freedom of movement, access to services and entry into school. As noted below, birth registration provides important evidence of a child’s family links and links to Syria. In Syria, there are distinctions between Birth Registrations, Birth Attestations and Birth Notifications. Birth Notifications are issued by the administering hospital, doctor or licensed midwife. Birth Attestations are endorsed by the local Mokhtar, either in the area where the birth took place or the area where the parents’ civil registry records are kept. Both documents, together with a Family Booklet, are required in order for Birth Registration to be completed. Once a child is registered, they are issued a Birth Certificate.52 Before the conflict, Syria had developed a comprehensive system of civil registration and was achieving nearly 100% birth registration. The conflict has had a significant impact on this civil registration coverage and access to documents for the Syrian population.53 People who have been through one or more stages of displacement may not be in possession of their documents, which could have been left behind, lost, damaged or stolen. As noted by UNHCR and the Syrian Ministry of Interior, “Without a completed birth registration, a child may not be able to prove its Syrian Nationality” or access public services, such as education and health care.54 Children born to refugee parents may face difficulties in accessing civil documentation from consular services abroad, as they cannot prove a legal link to Syria, and may fear persecution from the State.55 In addition, under Syrian law, the mother and father must have a registered marriage in order to register the birth of their child, regardless of whether the birth occurs inside or outside Syria. If a Syrian father has a child with a non-Syrian mother, and the marriage is not registered, “a court decision should be issued to establish the lineage of the child to his father in order to register the child.” 56 Referred to in the report as, “[a] person duly registered with the governmental Agency for Palestinian Refugees in Syria.“ UNHCR and Syrian Arab Republic Ministry for Interior (Civil Affairs Directorate), Civil Documentation and Registration in the Syrian Arab Republic, at 18, available at: https://www.unhcr.org/sy/wp-content/uploads/sites/3/2018/09/Personal-Documentation-En-Jul-2018.pdf 51 UNHCR and Syrian Arab Republic Ministry for Interior (Civil Affairs Directorate), Civil Documentation and Registration in the Syrian Arab Republic, at 19, available at: https://www.unhcr.org/sy/wp-content/uploads/sites/3/2018/09/Personal-Documentation-En-Jul-2018.pdf 52 UNHCR and Syrian Arab Republic Ministry for Interior (Civil Affairs Directorate), Civil Documentation and Registration in the Syrian Arab Republic, at 21, available at: https://bit.ly/2ZfDMAN 53 UNHCR, End of Year Report – 2018, 17 February 2019, at 6, available at: https://reliefweb.int/sites/reliefweb.int/files/resources/UNHCR%20Syria%27s%20End%20of%20Year%20report%202018.pdf 54 UNHCR and Syrian Arab Republic Ministry for Interior (Civil Affairs Directorate), Civil Documentation and Registration in the Syrian Arab Republic, at 20, available at: https://www.unhcr.org/sy/wp-content/uploads/sites/3/2018/09/Personal-DocumentationEn-Jul-2018.pdf 55 For example, UNHCR stated in 2015, “over 60,000 Syrian children have been born in Lebanon to refugees registered with UNHCR since the beginning of the crisis, but nearly 70 percent of them do not have a registered birth certificate with the competent Lebanese authorities.” See: UNHCR and Government of Lebanon, Lebanon Crisis Response Plan 2015-16, 15 December 2015, at 91-92, available at: https://data2.unhcr.org/en/documents/download/44367 56 UNHCR and Syrian Arab Republic Ministry for Interior (Civil Affairs Directorate), Civil Documentation and Registration 49 50 10