UNDERSTANDING STATELESSNESS IN THE SYRIA REFUGEE CONTEXT
access to another. A Maktoum refugee is likely to be undocumented; a person who is undocumented
may find it more difficult to register as a refugee; an undocumented or unregistered refugee can
struggle to register the birth of a child, as may a female-headed refugee family, which can cause
a delay beyond the statutory deadline and make the registration more complex. As such, some
refugees face multiple issues and would fall into several of the risk profiles outlined.
In order to strengthen the capacity of organisations in the region to provide tailored and specialised
help where needed (i.e. to help mitigate the risk of statelessness where this may be most significant)
it is therefore important not only to flag particular profiles of refugees whose situation may require
further attention, but to clarify the underlying reasons for this vulnerability. Practitioners will then
be better equipped to recognise the foundational issue in a complex case and can also identify
refugees beyond these specific categories who face a heightened risk of statelessness due
to the operation of the same law and policy framework. As such, it is of interest to provide a
straightforward overview of the risk profiles that practitioners should be alert to. This overview
needs to be comprehensible to a non-specialist audience, while also offering enough technical
detail to explain why a heightened risk of statelessness may arise in these cases. Moreover, it
is critical to recognise that in many such cases, a refugee will require specialist assistance to
navigate, for instance, the civil registration process. Tools which support the establishment and
use of referral mechanisms for complex cases would therefore also be valuable.
6.3 STATELESS REFUGEES
Some refugees are already stateless. Their lack of nationality may have been a cause of their
displacement or, in a situation of generalised violence or conflict, it may simply be that the
existing stateless population are displaced as well as others (perhaps even more readily due
to their vulnerability and lack of alternatives in country). In the context of the Syria regional
refugee response, it is vital to recognise that there was already a stateless population in Syria
prior to the conflict. This population included stateless Kurds (two categories, Ajanib Kurds and
Maktoum Kurds), Palestinians (PRS) and various isolated profiles. Some refugees may also have
become stateless while displaced due to gender discrimination in the Syrian nationality law and
potentially the deprivation of Syrian nationality from refugees.
This study found that refugees who are stateless are not always identified as such. Even when
there statelessness is identified, it is not always recorded. At the same time, the research showed
that the situation of these refugees is made more precarious by their statelessness. Stateless
refugees face heightened protection risks, which include inability to access civil registration,
restricted movement and pressure to return to Syria. Some PRS appear to be unable to register
for assistance with either UNRWA or UNHCR. There were also signs that statelessness may be a
factor which complicates access to durable solutions for refugees from Syria, including limiting
access to resettlement programmes.
An underlying issue identified in the research was that there is a substantial knowledge gap
when it comes to statelessness issues among stakeholders that work with refugees. There is
a lack of awareness and/or understanding of the stateless profiles among refugees from Syria
and mechanisms through which stateless refugees may be identified or recorded. For example,
none of the intake forms among the INGOs interviewed provide for the possibility of recording
a refugee as a stateless person. This poor identification and tracking of cases of statelessness
is a major contributing factor to the lack of visibility of this sub-set of the refugee population
and the lack of information on their situation and particular vulnerabilities. While the issues
described above were flagged in the research, it is unclear how prevalent the problems are
among all stateless refugees in the region. The starting point for better understanding and
responding to the specific vulnerabilities of stateless refugees must be to increase awareness
of the interplay between statelessness and displacement, including specifically of the existence
of various profiles of stateless refugee who have fled Syria. As with refugees at heightened risk of
statelessness, there is a need both for simple tools to aid in the identification of relevant cases,
as well as more in depth research into what it means to be, for instance, a stateless Maktoum
Kurd refugee.
RESEARCH REPORT
57
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