UNDERSTANDING STATELESSNESS IN THE SYRIA REFUGEE CONTEXT
4.2 RISK PROFILES FOR PROBLEMS WITH PROOF OF IDENTITY
AND NATIONALITY
Each of the risk profiles described above relates to a scenario in which access to birth registration
tends to be problematic and some form of intervention or assistance is needed in order to
help refugees to navigate the process. In the following paragraphs, three further risk profiles
are explored: 1) undocumented refugees; 2) refugees not registered with UNHCR; and 3) the
Maktoum.
4.2.1 UNDOCUMENTED REFUGEES
An individual who has no document to prove their identity or nationality and has been displaced
from their country may be at risk of statelessness.199 In particular, if an individual’s record in
the country of origin no longer exists and they cannot prove their identity or obtain documents
in the host country there is a risk that the competent authority may not recognise them as a
national.200 This risk increases over time and across generations.
In Syria not all civil registration documents have been digitised, and with the conflict and the
reported destruction of some civil registration offices,201 the loss of documents could prove
problematic for refugees when trying to re-acquire proof of identity. In addition when documents
have been lost or stolen, this may not be reported to the competent authorities, for example if
the family lives in fear of arrest as they have not obtained a residence permit, and therefore it
may become difficult to rectify their situation later on.202 There are also a significant number
of children born in Syria who were neither registered at birth, nor issued any form of identity
documentation prior to fleeing Syria. Since registering a birth which took place in another country
is outside of the jurisdiction of the Civil Status Departments of host countries, registration of
these births is more complicated and not always possible. However some good practices have
been recently been put in place in Jordan, for example an increasing acceptance of witness
testimonials to marriages.203 Finally, not having documents leads to problems in acquiring other
documents – a vicious cycle that is difficult to break.204
Lana, currently residing in Irbid in Jordan, had to leave her hometown of Dar’a so suddenly
during the conflict that she was not able to take her documents with her. She went back in
late 2015 as she felt she needed to have her documents, especially her ID, to regularise
her stay and work in Jordan. However, on her return, she discovered that her house had
been destroyed by bombing and her documents with it. She had to return to Jordan quickly
so was unable to apply for new documents.205
As well as not bringing any documents with them when they left Syria, the risk of refugees losing
documents in the host countries is also a reported problem. In Lebanon, for example, the ITSs
are particularly susceptible to floods and fires, leaving documents at risk of being destroyed.206
If a document is lost in an ITS, it often cannot be reported to either the Lebanese or Syrian
authorities due to problems in gaining access to the relevant office, and the fear of approaching
the authorities. In this light, some advice or help for refugees on how to preserve documents can
be seen as a good practice. When a hospital or midwife for example provides a birth notification
199 See, amongst others, B. Manby, Identification in the context of forced displacement, supra n5.
200 Convention the Status of Stateless Persons, supra n4 and UNHCR, Handbook on the Protection of
Stateless Persons, supra n4.
201 UNHCR, Addressing Statelessness in the Middle East and North Africa, supra n14, page 12.
202 Interview with Harikar, Duhok KRI, July 2016.
203 UNHCR, Addressing Statelessness in the Middle East and North Africa, supra n14, page 20.
204 Interview with Personal Status Department, Amman Jordan, July 2016. See also section 3.1.1 of this
report.
205 Interview with Lana, Irbid Jordan, July 2016.
206 Interview with IRC, Beirut Lebanon, June 2016.
40
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