Nationality and Cases of Statelessness in the Middle East and North Africa
lack of nationality, i.e. statelessness. Nor should every
child who lacks a birth certificate be considered
at real risk of statelessness. Yet, lacking proof of
the facts of birth can make it difficult for a person
to establish their claim to a nationality and when
combined with other factors – such as migration,
state succession or belonging to a population that
experiences discrimination – may lead to them not
being considered as a national by any state.199 Birth
registration therefore remains an important tool in
the prevention of statelessness and where there are
problems with access to this procedure, problems of
non-recognition of nationality may follow.
With the Syrian conflict causing vast numbers of
the refugees to flee to Lebanon, a new problem
related to this complicated civil registry system has
developed. Syrian personal status law sets out that
registration abroad is to be conducted under the
jurisdiction of the State in which the Syrian is in. Due to
the complexitiy of the procedure explained above,
the difficulty that refugees face in ensuring that they
have all the neccessary documents (especially as
they are considered ‘illegal immigrants’ in Lebanon)
and with refugees not prioritizing registration, this is
199 - See also UNHCR, Birth Registration: A Topic Proposed for an Executive
Committee Conclusion on International Protection, 9 February 2010;
UNHCR, Conclusion on civil registration, No.111(LXIV)-2013, 17 October 2013.
152
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