Country Position Paper: Statelessness in Syria
conflict. As a result, the types of documentation an individual or family possess may have
significantly changed over time. There is also a high chance of documentation having been lost
without the option to obtain new documents.108
Depending on their date of arrival in Syria, some Palestinian refugees were issued a travel document
and a temporary residency card. The travel document is only available to those registered with the
General Authority for Palestinian and Arab Refugees (GAPAR), meaning those who entered Syria in
1948 or before 1956. Similarly, the Temporary Residency Card, a formal proof of identity used for
official purposes and everyday use, is also only available to those registered with GAPAR. Both
documents are issued by the Ministry of Interior, Palestinian Registrar.109
In most of the Arab world, Palestinians are excluded from obtaining nationality. This is a result of the
interpretation of the League of Arab States Protocol for the Treatment of Palestinians in Arab States
(The Casablanca Protocol), adopted on 11 September 1965. The protocol sets out rights to be
enjoyed by Palestinian refugees in host countries but indicates that this treatment should be
provided to Palestinians “whilst retaining their Palestinian nationality.”110 This has resulted in a policy
of non-naturalisation of Palestinians in countries across the Middle East and North Africa and has
left generations of Palestinians with no nationality.111 Prior to the conflict in Syria, over half a million
Palestinians resided there without access to naturalisation. Their status has made their situation
inside Syria, and the situation for those now displaced outside Syria, particularly vulnerable.
Children born to Palestinian refugees from Syria who are displaced may fall through the gaps in
different registration systems, as it may not be possible to be added to the UNRWA Damascus family
records. In order to add a child to their UNRWA records, a Palestinian refugee from Syria must go
through the office in Syria where the parents were initially recorded. This can be a complicated
procedure and is often impossible when a family is displaced in a neighbouring country.112
5.2.2 The Human Rights Situation for Palestinian Refugees from Syria
The rights enjoyed by Palestinian refugees from Syria are different depending on their date of arrival
in Syria. According to the Australian Department of Foreign Affairs and Trade (DFAT), Palestinians
who arrived in Syria prior to 1956 enjoyed more rights than those who arrived afterwards.113 Despite
this, they were still excluded from accessing Syrian nationality.
Institute on Statelessness and Inclusion and The Norwegian Refugee Council (2016) ‘Understanding Statelessness in the Syria Refugee
Context: Research Report’ [online] available at: http://www.syrianationality.org/pdf/report.pdf
109
Institute on Statelessness and Inclusion / Norwegian Refugee Council, Understanding statelessness in the Syria refugee context, 2016, at
9, available at: https://www.refworld.org/docid/584021494.html. For further information on documentation in Syria, see: Institute on
Statelessness and Inclusion / Norwegian Refugee Council, Syriannationality.org – Syrian Documents, 2016, available at:
http://www.syrianationality.org/index.php?id=21.
110
League of Arab States, Protocol for the Treatment of Palestinians in Arab States, 1965 [online] abailable at:
https://www.refworld.org/docid/460a2b252.html
111
L. Van Waas, A Comparaive Analysis of Nationality Laws in the MENA region, 2014 [online] available at:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2493718
112
Institute on Statelessness and Inclusion / European Network on Statelessness, From Syria to Europe: Experiences of Stateless Kurds and
Palestinian Refugees from Syria Seeking Protection in Europe, January 2019, at 47, available at:
http://www.institutesi.org/from_Syria_to_Europe.pdf.
113
Australian Department of Foreign Affairs and Trade, Thematic Report on Conditions in Syria, 23 October 2017, at 3.8, available at:
https://dfat.gov.au/about-us/publications/Documents/country-information-report-syria.pdf
108
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