2021
Statelessness & Citizenship Review
3(1)
privileged, upper-class and educated backgrounds are more likely to overcome the
social and bureaucratic obstacles aforementioned. 148 Overall, the fact that
statelessness is still perpetuated from generation to generation in Syria
demonstrates how inefficient art 3 really is in preventing and eradicating
statelessness. 149
In addition, the mass displacement of populations coupled with political
instability and insecurity created by the 2011 civil war has dramatically increased
the risk of statelessness in two ways. Firstly, many fathers have died, disappeared
or simply abandoned their children during the war, making it more difficult to
prove the paternal lineage to a Syrian father. UNHCR estimates that one-fourth of
Syrian refugee households are led by women, 150 and that over 300,000 Syrian
children were born in exile between 2011 and 2016. 151 Access to birth registration
is primordial for Syrian children born outside the country because it provides
evidence of their identity, their family links, and, as a result, their right to Syrian
citizenship. According to the Convention on the Rights of the Child, which Syria
is a state party to, ‘each child shall be registered immediately after birth and shall
have the right from birth to a name [and] the right to acquire a nationality’. 152 Yet,
the ongoing conflict makes it hard for Syrian families to register their childbirth,
especially when the father is absent. Particularly, many Syrians living abroad are
not aware of the necessity of registering their child at the nearest consulate, 153 or
had their identity documentation lost, stolen or destroyed during the war. 154 In
rebel-held areas, civil registration systems have not operated for years, leading to
the impossibility of registering marriages, births and deaths — all of which can
prevent access to nationality. 155 As of July 2020, around 4.1 million Syrians were
living in non-governmental controlled areas. 156 In addition of the widespread loss
of documentation in rebel-held territories, the validity of identity documents
issued by non-state actors is disputed. All of these factors make it significantly
challenging to prove Syrian citizenship, leading to a rise in the numbers of Syrians
deprived of their right to nationality. Whilst the outbreak of the civil war coupled
with gender-based discrimination has heightened the risk of statelessness, it is
undoubtfully not a new phenomenon in Syria. Mass cases of statelessness existed
before the conflict, especially among Kurds and Palestinians who have been
deprived of nationality by colonialism.
148 Legal Agenda Report 2016 (n 145).
149 Statelessness in Syria: Country Position Paper — August 2019 (Report, European Network
150
151
152
153
154
155
156
on
Statelessness
and
Institute
on
Statelessness
and
Inclusion
2019)
<https://statelessjourneys.org/wp-content/uploads/StatelessJourneys-Syria-August2019.pdf> (‘Statelessness in Syria’)
Woman Alone (n 3).
In Search of Solutions: Addressing Statelessness in the Middle East and North Africa (Report,
UNHCR September 2016) <https://www.refworld.org/docid/57dbdaba4.html> (‘In Search of
Solutions’).
Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS
3 (entered into force 2 September 1990) art 7 (‘CRC’). This is the most widely-ratified
international human rights treaty in history. The United States is the only country in the world
that has not ratified the CRC.
In Search of Solutions (n 143).
Action 7: Ensuring Birth Registration for the Prevention of Statelessness (Good Practices
Paper, UNHCR 2017) <https://www.refworld.org/pdfid/5a0ac8f94.pdf>.
ibid.
Syrian Arab Republic: Recent Developments in Northwest Syria Situation (Report No 18,
United Nations Office for the Coordination of Humanitarian Affairs 25 July 2020)
<https://reliefweb.int/sites/reliefweb.int/files/resources/nw_syria_sitrep18_25july2020.pdf>.
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