UNDERSTANDING STATELESSNESS IN THE SYRIA REFUGEE CONTEXT
anecdotal evidence of individual refugees experiencing difficulties at the point of re-issuance
of Syrian documents, it is unclear to what extent these provisions for loss or deprivation of
nationality are being invoked in practice.
• Political dissidents who were seen to be opposed to the Baath regime in the 60s and 70s and
arbitrarily deprived of their nationality. An estimated 27,000 persons were denationalised
and may be stateless.265
The fieldwork undertaken within this project did not focus on these profiles or the specific
challenges they face, and this is an area in which further research is needed.
5.2 CHALLENGES FACED BY STATELESS REFUGEES
This research confirmed that statelessness can affect a refugee’s ability to enjoy protection,
including with regard to the exercise of certain rights. Statelessness may also have an impact on
the availability of durable solutions for refugees,266 although it is evidently difficult to establish
the extent of this problem at present in the Syria displacement context. The following sections
highlight the particular challenges stateless refugees may face, both now and potentially in the
future.
5.2.1 IDENTIFICATION OF STATELESS REFUGEES
To provide effective protection, it is important to understand fully the status of the individual or
family concerned. If they do not hold a nationality, this may lead to specific vulnerabilities, such
as particular obstacles to accessing documentation. However, there is a substantial knowledge
gap when it comes to statelessness issues among stakeholders that work with refugees. Lack of
awareness and/or understanding of the stateless profiles that may be found among the displaced
appeared to be a significant obstacle to identification.267 Even if the problem is identified, there
are few mechanisms through which this information may be recorded and eventually addressed.
For example, none of the intake forms among the INGOs interviewed provide for the possibility of
recording a refugee as a stateless person.268 UNHCR policy in KRI has been to register stateless
refugees as Syrian nationals, and if they are Ajanib or Maktoum this will be recorded in the
case notes.269 When statelessness is not identified, the problems and challenges stateless
refugees face may be misunderstood – which limits pathways to providing effective protection
and obstructs timely interventions that may help with the resolution of statelessness in the long
term.
5.2.2 PROTECTION ISSUES
Given the precarious situation of all persons displaced by the Syrian crisis, many of the
challenges that stateless refugees experience are similar to those which confront the larger
refugee population, especially undocumented refugees and those who are not registered.
Nevertheless, there are additional concerns facing stateless refugees which are specific and
linked to their statelessness. The most prominent of these challenges identified through this
research were the following.
265 Arab Commission for Human Rights, ‘Stateless in Syria’, 2004, available at
http://hem.bredband.net/dccls2/r1.htm.
266 For more discussion on some problems facing stateless refugees see Institute on Statelessness and
Inclusion, The World’s Stateless, supra n38.
267 Interview with Personal Status Department, Erbil KRI, July 2016.
268 Interview with NRC, Amman Jordan, July 2016.
269 Interview with UNHCR, Erbil KRI, July 2016.
RESEARCH REPORT
49
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