Report on Citizenship Law: Syria
Also, another challenge is when an individual reaches a country of asylum and there is unable
to identify and clarify their status, where they are from or who their family members are.28
Added to this, the conflict has brought about new cases and risks of statelessness,
particularly for children born to displaced parents. There are substantial numbers of children
born to Syrian refugee families over the last decade across the Middle East and elsewhere,
where children might not be able to access another nationality. Therefore, there are now
considerable risks of statelessness among the Syrian community in exile. Syria’s nationality
law, which stipulates that mothers can only pass on their citizenship when the child is born on
Syrian territory, is the main reason behind this. For the tens of thousands of female-headed
households where, for any number of reasons due to the conflict there is no legal link to the
father (father’s death, disappearance, displacement, etc.), this means that the children will
obtain no citizenship. In female-headed households – which make up approximately a quarter
of Syrian refugee households – if the authorities demand the presence of or proof of the
identity of the father it may not be available. Also, children born within child marriages –
which has unfortunately been a significant phenomenon for displaced families – are among
those least likely to have their births registered, since in host countries these marriages are
illegal and so would not have been officially registered.29 There are also challenges to
families who are displaced in accessing documentation that would help them clarify their
status later.30 Furthermore, safeguards in the law against a child being born stateless
(including where the parents are unknown) are limited exclusively to children born within the
Syrian territory, so would not be relevant to the millions of refugees. The risks of
statelessness among the generation born during the conflict has been described as a ‘ticking
timebomb’ by UN representatives and is likely to represent a major challenge for decades to
come.31
Furthermore, an additional challenge is that many areas had been outside of the Syrian
regime control for many years, and some remain so. Therefore, the legacy of non-state armed
actor control – and, with that, thst consistently changing governance systems – has meant that
there are many new challenges related to the legal nationality or statelessness for children
born in Syria. Obtaining documentation from these areas was often very difficult or
impossible, and documents from these regimes – particularly those from the Islamic State
(IS) – were not recognised anyway. The inability of many families to prove marriages, births
and other vital events places added challenges in confirming nationality.
This section has highlighted how the multitude of reasons why citizenship issues are
often challenging in Syria, including the often-intersectional discriminatory relationship that
the country has had in relation to who does and who does not qualify to be a Syrian citizen.
Although the official number of stateless persons inside of Syria may well have decreased
over the last decade because of displacement outside of the country and because of the 2011
decree, statelessness stemming from Syria is increasing because of the new nuances and
28
For more information on the problem Syrian stateless persons face when in Europe see ENS, 2019, Stateless
Journeys, Addressing Statelessness in Europe’s Refugee Response, access at: https://statelessjourneys.org/wpcontent/uploads/StatelessJourneys-Addressing_statelessness_in_Europ_refugee_response-FINAL.pdf.
29
For more information on the challenges the conflict has created with regards to statelessness, see ISI, NRC,
2016, Understanding Statelessness in The Syria Refugee Context, access at:
http://www.syrianationality.org/pdf/report.pdf.
30
Ibid.
31
M. Fleming, The Situation in Syria is only going to get worse…and here’s why. The Guardian (16 February
2015), access at: http://www.theguardian.com/global-developmentprofessionals-network/2015/feb/16/situationsyria-isgoing-to-get-worse-melissa-fleming-united-nations.
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