UNDERSTANDING STATELESSNESS IN THE SYRIA REFUGEE CONTEXT
the parents of a child are. The requirement to provide this also varies between officials. Although
this inconsistency can be challenging, it also offers a space for potential flexibility which may
work to the benefit of refugee families who lack certain documents.
3.1.4 DEALING WITH DOCUMENTS ISSUED BY NON-STATE ACTORS
IN SYRIA
An emerging challenge is the question of the legitimacy and value attributed to personal
documents issued in non-government controlled areas by non-State actors such as the Kurdish
Self Administrated Area, Local Councils in southern Syria and the Free Independent Judicial
Council under the Interim Government in northern Syria. These non-State actors have become
involved in registering births and marriages. The Interim Government registration practices, for
instance, have been found to largely mirror those of the government of Syria.129 In numerous
areas of Syria, these documents may be all that is available to people, yet the question of their
legal validity is a challenging one. In the refugee-hosting countries, there is a lack of consistency
as to which non-State actor-issued documents are accepted. Certain Lebanese religious judges,
for example, accept itilaf-issued documents (from local councils in opposition-controlled areas),
whereas in other areas these documents are considered fraudulent.130 It is reported that some
Syrian Sheikhs resident in Lebanon have even considered it within their power to issue such
documents. In Jordan, documents such as the itilaf documents are also seen, however there
seems systematic position across all authorities that these documents cannot be recognised
inside the country.131 In KRI, there has been a surge of documents being used that are produced
by the Kurdish Peoples Protection Unit forces – one lawyer spoke of how he regularly advises
clients that they should not attempt to use these documents and in fact should get rid of them as
they would be considered to be fraudulent.132 In KRI, neither the authorities nor the international
NGOs accept these documents as proof of identity.133
3.2 BARRIERS TO CIVIL REGISTRATION IN THE HOST COUNTRY:
KNOWLEDGE GAPS
3.2.1 REFUGEES’ LACK OF AWARENESS OF THE HOST COUNTRY’S
PROCEDURES
Most refugees understand the importance of personal documents. In Lebanon for instance,
Oxfam organised community-driven sessions to better understand refugees’ needs. The
sessions showed that accessing civil registration was a concern to the community.134 However,
prioritisation and awareness of the modalities of procedures is a real problem. In KRI, a
UNHCR survey showed that 40% of households did not know where to obtain marriage and/
or birth certificates.135 In Turkey, refugees are often unsure of which steps to take and which
procedures to follow.136 When refugees attempt to acquire a birth certificate for their new-born
there is often confusion, for example where refugees mix up the birth report of the hospital,
the registration for a temporary protection status, and the birth certificate.137 In addition, most
of the Turkish registration offices are housed in the foreigners’ departments of police stations,
129 IRC, Identify me: The Documentation Crisis in Northern Syria, 2016, available at: https://www.scribd.
com/document/319309287/Identify-Me-July-2016-IRC, page 4.
130 Interviews with Sharia Courts, Baalback and Tripoli Lebanon, May 2016.
131 Interviews with Sharia Court, Amman Jordan, July 2016 and Interview with Justice Centre for Legal Aid
(JCLA), Irbid Jordan, July 2016.
132 Interview with Harikar, Dohuk KRI, July 2016.
133 Interview with Qandil, Erbil KRI, July 2016.
134 Interview with Oxfam, Beirut Lebanon, May 2016.
135 UNHCR, Multi-Sector Needs Assessment, supra n19.
136 Interview online with Daryl Grisgraber, May 2016.
137 S. Reynolds and D. Grisgraber, Birth Registration in Turkey: protecting the future for Syrian children,
Refugee International field report, 2015, pages 6 and 9.
30
RESEARCH REPORT
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents