 UNDERSTANDING STATELESSNESS IN THE SYRIA REFUGEE CONTEXT means that PRSs are not assisted by UNHCR as long as they receive assistance from UNRWA. However, in Jordan and Lebanon – both UNRWA countries of operation – stakeholders interviewed reported that some PRSs can fall through the cracks in the UN system – unable to register with either UNRWA or UNHCR and so unable to obtain protection from either agency.257 Thus, following their further displacement from Syria where they were already living in a situation of exile, some Palestinians who were never registered – either because they could not or did not want to – have become particularly vulnerable.258 They may not be able to access humanitarian assistance offered by UNHCR to registered refugees, and although UNRWA often provides services to all Palestinians, this is not guaranteed for those not registered with UNRWA. Moreover, since their precarious legal status may make them fearful of approaching any authorities, non-ID PRSs can be forced to live under the radar with no access to civil registration documents or pathways to regularise their status.259 In a Palestinian camp in Irbid, Jordan, Lamia – a non-ID Palestinian – witnessed her neighbour who tried to obtain employment in the capital, being caught and deported back to the Syrian border because she was Palestinian.260 This scared Lamia and meant that she would not approach any organisation or government authority. Lamia’s husband is wanted by the government in Syria (he was seen to be affiliated to the opposition forces) and therefore she does not prioritise access to the civil registration procedures. Her main concern is ensuring her family can stay in Jordan.261 5.1.3 ISOLATED CASES OF STATELESS REFUGEES Other profiles among the displaced stateless refugees also exist – although the numbers are unknown and likely to be relatively low. These include: • Those stateless as a consequence of the gender discrimination in Syrian nationality law.262 There are no figures or estimates of the number of such persons in Syria, but if the child was unable to obtain nationality from their foreign, unknown or stateless father, they would be left stateless. • The Dom - a traditionally nomadic community found across much of the MENA region which is believed to share its roots with the Roma of Europe.263 A minority of Dom who were originally from the Syrian territory – but who often travelled across the borders between Syria and the neighbouring countries – never accessed Syrian nationality or registration. • Syrian refugees whose application for the renewal of documents has been rejected by the Syrian authorities with the justification that they are no longer citizens. Those who have reported this problem believe it was because they were members of or supported opposition groups. Syrian nationality law gives the State broad powers to deprive individuals of nationality - for example, if someone has been outside the country for more than 3 years.264 Beyond 257 Information provided by NRC ICLA Jordan and UNRWA Lebanon. 258 Interview with UNRWA, Beirut Lebanon, May 2016. 259 For more information on the two mandates, see N. Erakat, ‘Palestinian Refugees and the Syrian Uprising: Filling the Protection Gap during Secondary Forced Displacement’, International Journal of Refugee Law, Vol. 26(4), 2016 available at http://ijrl.oxfordjournals.org/content/26/4/581.abstract. 260 It is important to note that this practice contrary to the principle of non-refoulement that this derives not just from the refugee convention but also from international human rights law (CAT & ICCPR) 261 Interview with Lamia, Irbid Jordan, July 2016. 262 As discussed above, under Article 3 of Syrian Nationality Law nationality is based on paternal jus sanguinis. 263 See for more on this community A. Williams, ‘The Gypsies of Syria – A DRC update’, KURI-DRJournal, Vol. 1, 2001, available at: http://www.domresearchcenter.com/journal/14/syria4.html; C. Hilleary, ‘The Dom: Syria’s Invisible Refugees’, Voice of America, 22 March 2013, available at: http://m.voanews. com/a/1626658.html. 264 Chapter Seven, Syrian Nationality Law. 48 RESEARCH REPORT

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