UNDERSTANDING STATELESSNESS IN THE SYRIA REFUGEE CONTEXT
means that PRSs are not assisted by UNHCR as long as they receive assistance from UNRWA.
However, in Jordan and Lebanon – both UNRWA countries of operation – stakeholders interviewed
reported that some PRSs can fall through the cracks in the UN system – unable to register with
either UNRWA or UNHCR and so unable to obtain protection from either agency.257 Thus, following
their further displacement from Syria where they were already living in a situation of exile, some
Palestinians who were never registered – either because they could not or did not want to – have
become particularly vulnerable.258 They may not be able to access humanitarian assistance
offered by UNHCR to registered refugees, and although UNRWA often provides services to all
Palestinians, this is not guaranteed for those not registered with UNRWA. Moreover, since their
precarious legal status may make them fearful of approaching any authorities, non-ID PRSs can
be forced to live under the radar with no access to civil registration documents or pathways to
regularise their status.259
In a Palestinian camp in Irbid, Jordan, Lamia – a non-ID Palestinian – witnessed her
neighbour who tried to obtain employment in the capital, being caught and deported back
to the Syrian border because she was Palestinian.260 This scared Lamia and meant that
she would not approach any organisation or government authority. Lamia’s husband is
wanted by the government in Syria (he was seen to be affiliated to the opposition forces)
and therefore she does not prioritise access to the civil registration procedures. Her main
concern is ensuring her family can stay in Jordan.261
5.1.3 ISOLATED CASES OF STATELESS REFUGEES
Other profiles among the displaced stateless refugees also exist – although the numbers are
unknown and likely to be relatively low. These include:
• Those stateless as a consequence of the gender discrimination in Syrian nationality law.262
There are no figures or estimates of the number of such persons in Syria, but if the child was
unable to obtain nationality from their foreign, unknown or stateless father, they would be
left stateless.
• The Dom - a traditionally nomadic community found across much of the MENA region which is
believed to share its roots with the Roma of Europe.263 A minority of Dom who were originally
from the Syrian territory – but who often travelled across the borders between Syria and the
neighbouring countries – never accessed Syrian nationality or registration.
• Syrian refugees whose application for the renewal of documents has been rejected by the
Syrian authorities with the justification that they are no longer citizens. Those who have
reported this problem believe it was because they were members of or supported opposition
groups. Syrian nationality law gives the State broad powers to deprive individuals of nationality
- for example, if someone has been outside the country for more than 3 years.264 Beyond
257 Information provided by NRC ICLA Jordan and UNRWA Lebanon.
258 Interview with UNRWA, Beirut Lebanon, May 2016.
259 For more information on the two mandates, see N. Erakat, ‘Palestinian Refugees and the Syrian Uprising:
Filling the Protection Gap during Secondary Forced Displacement’, International Journal of Refugee Law,
Vol. 26(4), 2016 available at http://ijrl.oxfordjournals.org/content/26/4/581.abstract.
260 It is important to note that this practice contrary to the principle of non-refoulement that this derives not
just from the refugee convention but also from international human rights law (CAT & ICCPR)
261 Interview with Lamia, Irbid Jordan, July 2016.
262 As discussed above, under Article 3 of Syrian Nationality Law nationality is based on paternal jus
sanguinis.
263 See for more on this community A. Williams, ‘The Gypsies of Syria – A DRC update’, KURI-DRJournal,
Vol. 1, 2001, available at: http://www.domresearchcenter.com/journal/14/syria4.html; C. Hilleary, ‘The
Dom: Syria’s Invisible Refugees’, Voice of America, 22 March 2013, available at: http://m.voanews.
com/a/1626658.html.
264 Chapter Seven, Syrian Nationality Law.
48
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