 UNDERSTANDING STATELESSNESS IN THE SYRIA REFUGEE CONTEXT The lack of proof of marriage can also be a major barrier to obtaining birth registration documentation. In Lebanon, for example, marriage certificates are needed to complete the final step in the birth registration process and, according to UNHCR, 29% of Syrian new-borns lack official birth certificates because their parents lack the required documentation to obtain them.115 In Jordan, in the early stages of the conflict Syrian IDs and passports were confiscated from refugees who entered Jordan via informal (irregular) border crossings, a policy that was stopped in December 2013. Many documents – but not all – have been returned through a verification exercise.116 Without these documents some Syrian refugees struggle to prove their identity, in order to access civil registration. While the lack of documents is a major and ongoing challenge, it is also an area in which many good practices have emerged. In Lebanon, for example, in 2013 the Personal Status Department distributed a Circular recognising the Syrian Family Booklet as evidence of both parental identity and marital status117 if families could not provide a marriage certificate when trying to register new births. This was a significant step, however, since additions to the family book can only be made in Syria the family booklets cannot be updated from abroad for children born abroad. In KRI, the authorities have recognised that families who have fled are not always likely to be documented, and that their lack of documents is stopping them from accessing other documents. For this reason, they sometimes allow flexibility in the application of the otherwise strict requirement that all documents that are presented to government authorities need to be the original. Instead, unofficial copies may be accepted or even digital pictures of the originals that are sent from family members back in Syria.118 In Jordan, the government has also started to accept photocopies in lieu of original documents where refugees no longer have their originals, which has increased access to birth registration.119 3.1.2 LACK OF RESIDENCE PERMIT Most of the countries covered by this research have not ratified the 1951 Refugee Convention, and refugees are subject to the regular rules of the national immigration law. Acquisition of a valid residence permit is essential for many reasons. Often, for instance, these permits give access to rights such as education or healthcare. What is particularly important, in the context of preventing statelessness, is that these permits confirm the identity of an individual and may be needed for civil registration – either as a legal requirement or a practical pre-condition to access the civil registration process. In several of the host countries, some refugees experience difficulties gaining or maintaining a legal residence status, which may have a consequent impact on their access to civil registration. In Lebanon, to obtain a residence permit, refugees either need a Lebanese national to sign a pledge of responsibility on their behalf or they must show their UNHCR registration certificate and sign a pledge not to work.120 Recent policy changes have lifted the pledge not to work and replaced it with a pledge to abide by Lebanese law, however refugees not registered with UNHCR or otherwise deemed not to be genuine refugees by the General Security Office have no other option but to seek sponsorship. There are also problems with the prohibitive fees for obtaining a residence permit, which amount to $200 per year per person aged 15 and above, so some refugees simply cannot afford to maintain a legal residency status.121 In Turkey, the government 115 Information provided by UNHCR Lebanon, June 2016. 116 Interview with UNHCR Jordan, July 2016. 117 UNHCR, The Future of Syria: Born in Exile, 2015, available at http://unhcr.org/FutureOfSyria/born-inexile.html. 118 Interviews with Personal Status Department, Erbil KRI, July 2016. 119 UNHCR, Addressing Statelessness in the Middle East and North Africa, supra n14, page 16. 120 The pledge not to work has been lifted since June 2016 and replaced with a new declaration to abide by the laws and regulations which can be signed at the GSO. 121 HRW, How Lebanon’s Residency Rules Facilitate Abuse of Syrian Refugees, 2016, available at: https:// www.hrw.org/report/2016/01/12/i-just-wanted-be-treated-person/how-lebanons-residency-rulesfacilitate-abuse. 28 RESEARCH REPORT