Country Position Paper: Statelessness in Syria
as “Syrian” by UNHCR).100 Many have been there for years (from 2012/13) and have been unable to
reacquire Syrian nationality even if they are Ajanib.101 Indeed, “the 2011 Decree No. 49 aims at granting
nationality to the stateless, but [there is no mention of] any procedure that the Syrian Kurds… could refer
to in their countries of asylum, in case they wished to resolve their legal status.”102
5.2 Palestinian Refugees from Syria
Palestinians are widely considered to be one of the largest stateless populations in the world.
However, the question of the statelessness of Palestinians in inextricably linked to that of Palestinian
statehood and nationality policy, which is complex. The recognition of, and the self-identification of
Palestinians as ‘stateless’ varies. A relatively small subset have acquired another nationality, but the
majority have not, and as per the definition of a stateless person under international law, can be
considered as stateless.103
According to the United Nations Relief and Works Agency for Palestinian Refugees in the Near East
(UNRWA), which was established specifically to provide assistance to ‘Palestine Refugees’, there were
560,000 Palestinian refugees from Syria registered with UNRWA prior to the outbreak of the Syrian
civil war. 104 UNRWA estimates that 160,000 registered Palestinian refugees from Syria fled Syria
following the outbreak of the civil war, while 438,000 remained in Syria.105
The actual number of Palestinian refugees from Syria is likely to be far higher than this figure, as
many were not registered or eligible for registration with UNRWA (known as ‘non-ID Palestinians’106).
There are currently no reliable figures on the number of ‘non-ID Palestinians’ from Syria inside or
outside the country. However, in Syria’s 2016 State report for the UN Human Rights Council Working
Group on the Universal Periodic Review, the Government stated that there are “40,000 Palestinian
refugees…not registered [with UNRWA], according to the records of the [Syrian] General Authority for
Palestine Arab Refugees (GAPAR).”107
5.2.1 Displacement, Status and Documentation
Palestinians across the Arab world have experienced many levels of displacement. For example, this
may include initial displacement from Palestine, which in itself may have included several stages
across decades, followed by displacement from their initial country of refuge because of another
Thomas McGee, Statelessness Displaced: Update on Syria’s Stateless Kurds, Statelessness Working Paper Series No. 2016/02, June 2016,
available at: http://www.institutesi.org/WP2016_02.pdf.
101
Thomas McGee, Statelessness Displaced: Update on Syria’s Stateless Kurds, Statelessness Working Paper Series No. 2016/02, June 2016,
available at: http://www.institutesi.org/WP2016_02.pdf.
102
Syrians for Truth and Justice, Syrian Citizenship Disappeared: How the 1962 Census destroyed stateless Kurds’ lives and identities, 15
September 2018, at 22, available at: https://www.stj-sy.com/en/view/745
103
Institute on Statelessness and inclusion, the World’s Stateless, 2014 (Chapter VIII) [online] available at:
https://files.institutesi.org/worldsstateless.pdf (for more information on Palestinians under UNRWA’s mandate and UNHCR’s refugee
and statelessness mandates). Please note that UNHCR has not issued a position with regard to the nationality status of Palestinians.
104
UNRWA, Syria Regional Crisis - Emergency Appeal, 2018, at 1, available at:
https://www.unrwa.org/sites/default/files/content/resources/2018_syria_ea_final_web_0.pdf. However, other sources suggest that this
figure was 526,744. See for example: Australian Department of Foreign Affairs and Trade, Thematic Report on Conditions in Syria, 23
October 2017, at 3.9, available at: https://dfat.gov.au/about-us/publications/Documents/country-information-report-syria.pdf
105
UNRWA, Syria Regional Crisis - Emergency Appeal, 2018, at 1, available at:
https://www.unrwa.org/sites/default/files/content/resources/2018_syria_ea_final_web_0.pdf
106
"Non-ID Palestinian" is the term commonly used to refer to a Palestinian who is not registered with UNRWA, UNHCR or the
authorities of the country in which they reside. See further HYPERLINK "http://www.syrianationality.org/pdf/nationality-documentationstatelessness-syria.pdf" www.syrianationality.org/pdf/nationality-documentation-statelessness-syria.pdf
107
UN Human Rights Council, Working Group on the Universal Periodic Review – National Report of the Syrian Arab Republic, 28 September
2016, at 15, available at: https://undocs.org/en/A/HRC/WG.6/26/SYR/1
100
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