UNDERSTANDING STATELESSNESS IN THE SYRIA REFUGEE CONTEXT
There are, in general, two factors rendering these groups particularly vulnerable to statelessness:
gender discrimination in Syria’s nationality law and lack of documentation of identity and
nationality.
Since Syrian mothers, unlike Syrian fathers, cannot transmit their nationality to their children
when born outside Syria, the key factor in determining access to Syrian nationality is prove of
descent from a Syrian man. Where there are particular difficulties in registering the births of
children or in documenting this connection with a Syrian father are therefore at particular risk
of statelessness. All the groups identified as being at risk of statelessness share this general
characteristic.
In female-headed households (around a quarter of Syrian refugee households) evidence of the
Syrian nationality of the father of the child may not be available and the women may in any case
face difficulties registering the birth of the child if authorities demand the presence of or proof
of the identity of the father. Children born within child marriages are among those least likely
to have their births registered, since these marriages are themselves illegal and so unlikely to
have been officially registered. In addition to the reluctance of the parents to have contact with
the authorities for this reason, the lack of a marriage certificate can, as noted above, be an
impediment to registering the birth of a child. Children whose births are not registered by the
statutory deadline are also likely to remain undocumented due to the complexity and cost of late
registration procedures.
The remaining three risk profiles are refugees who are ‘undocumented’ in one way or another.
Undocumented refugees are at heightened risk because they cannot provide proof of their
identity or link to Syria. Of particular concern are the Maktoum, i.e. individuals who were never
registered in Syria, often as a result of inter-generational lack of documentation within a family.
This circumstance, coupled with their subsequent displacement, puts them and their children
at a considerably higher risk of statelessness than the general refugee population. For such
undocumented or unregistered refugees, registration with UNHCR can provide vital evidence of
their identity and origin in Syria.
As with the general refugee population, the research highlighted the importance of measures
to improve access to documentation and civil registration. It is important that practitioners are
aware of risk profiles and the context which generates this risk, and share expertise with regards
to the provision of assistance.
STATELESS REFUGEES
The research also looked at the situation of stateless refugees; those people who were already
stateless in Syria and have fled the conflict to neighbouring countries. There is no reliable data
as to how many refugees from Syria are stateless, but at the end of 2015 UNHCR estimated
the stateless population still in Syria as 160,000. The main profiles of stateless refugees
are stateless Kurds (Ajanib – those registered as ‘foreigners’ in Syria and Maktoum – those
completely unregistered in Syria) and Palestinian refugees from Syria (PRS). There are also a
small number of isolated cases of stateless individuals who failed to acquire Syrian nationality
due to gender discriminatory laws or lost nationality at some point because of political activism.
Being a stateless refugee from Syria can generate additional protection challenges. Stateless
persons from Syria often do not have proof of identity which renders them unable to access civil
registration and other required identity documents. Many stateless refugees have also crossed
the borders irregularly which can compromise their legal stay in the country. Some cases were
also reported in which stateless refugees experienced difficulties registering as refugees with
the relevant body. Other protection problems include restricted freedom of movement, increased
fear and uncertainty and heightened pressure to return to Syria. In the longer term, stateless
persons may face problems when accessing durable solutions available to the Syrian refugee
population. A more fundamental problem is the difficulty of identifying stateless refugees and
RESEARCH REPORT
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