Country Position Paper: Statelessness in Syria • • • Children born to an unknown father; Children born to a mother and father without a registered marriage and Children born to a single mother, who has no record of a registered marriage. 63 The last three points above relate to children born to parents with: no marriage; an unregistered marriage or where a mother has no record of a registered marriage. These civil status events can often become pre-requisites for confirming nationality, because the Syrian system requires marriage registration for birth registration, and birth registration to confirm nationality. It is important to note that while Article 3(a) of the Nationality Law states that anyone born inside or outside Syria to a Syrian Arab father is considered a national of Syria, this may be complicated if the child is born within an unregistered marriage. The Nationality Law does not address the requirement of a registered marriage in order for children to obtain nationality. However, Syria’s civil status laws, under Legislative Decree No. 26 of 2007, clearly state that unless a child is born within a registered marriage, the child may not be able to access birth registration, which in turn may expose the child to the risk of statelessness even though the Nationality Law appears to grant citizenship in such circumstances, since the legal bond to the state may not be recognised in practice. In Syria, the fundamental structure of the civil registration system requires individuals to know their family’s khana or qayd (family number). A family number applies to all members of the same extended family and includes the name of a village or city district and a number. The paper copy of one’s registration file must be physically inserted into the filing entry of their khana, and once that individual is associated with that khana number’s registry track, they are deemed a citizen. The individual can then be added to the Family Book, issued a passport, and a civil ID card once they turn 14. Individuals who do not have this family number will not be recognised in the civil registration system and will not be deemed citizens.64 Aside from reducing the risk of statelessness, ensuring greater access to civil documentation safeguards against marginalisation and ensures the realisation and enjoyment of fundamental human rights. For example, birth registrations “help facilitate child tracing and reunification”, “deter[s] child trafficking and illegal adoption” and “help[s] prevent the denial of healthcare and education.”65 In addition, marriage registration and certificates ���…support family unity and women’s rights in cases of divorce, separation or the death of the husband to, inter alia, child custody, property, and inheritance.”66 5. POPULATIONS AFFECTED BY STATELESSNESS IN SYRIA As noted above, UNHCR estimates the total number of stateless persons in Syria to be 160,000 as of June 2018. However, this figure is unreliable, particularly given that UNHCR has consistently reported Note that this list only relates to the increased risk of statelessness relating to civil status registration issues. It is not an exhaustive list. Norwegian Country of Origin Information Centre, Land info, Syria: Marriage Legislation and Traditions, 22 August 2018, at 10, available at: https://landinfo.no/wp-content/uploads/2018/10/Report-Syria-Marriage-legislation-and-traditions-22082018.pdf 65 UNHCR, Submission for the OHCHR Compilation Report – Syrian Arab Republic, 2nd Cycle / 26th Session, March 2016, at 6, available at: https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=3231&file=EnglishTranslation 66 UNHCR, Submission for the OHCHR Compilation Report – Syrian Arab Republic, 2nd Cycle / 26th Session, March 2016, at 6, available at: https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=3231&file=EnglishTranslation 63 64 12