100,000 Syrian women married to non-nationals, mostly from other Arab states. Most
of these foreign husbands are Egyptian, Iraqi and Palestinian.39
Conflict Related Challenges
27. The combination of the gender discriminatory law and the ongoing conflict and resultant
large-scale displacement since 2011, has dramatically increased the risk of statelessness
amongst children born to Syrian women both inside and outside the country. Due to the
conflict, refugee and internally displaced families may be separated, civil documents lost
or destroyed, and fathers may be imprisoned, missing or deceased – all increasing the
risk of statelessness, which is dramatically exacerbated by gender discrimination in the
nationality law.
28. Even before the current conflict, a large number of Syrians lacked registration of vital
civil status events, such as marriages and births.40 As noted by UNHCR and the Syrian
Ministry of Interior, “Without a completed birth registration, a child may not be able to
prove its Syrian Nationality” or access public services, such as education and health
care.41 Despite attempts to digitalise civil documentation processes prior to the
outbreak of the civil war, the civil registration system is still largely paper-based and
without back-ups. This has resulted in “the only record of the existence of Syrian
nationals – particularly the registration of vital events such as births, and their link to
Syria… [being] lost” in cases where these hard copy records have been lost or destroyed
in the conflict.42
29. As noted above, Article 3(b) of the 1969 Nationality Act does not allow conferral of
nationality from Syrian mothers upon children born outside the country. This means that
children of refugees from Syria who are born to Syrian mothers in host countries will
struggle to acquire Syrian nationality. Children born to refugee parents may face
difficulties in accessing civil documentation from consular services abroad, as they
cannot prove a legal link to Syria, may fear persecution from the State, or may not be
able to physically access consulates or embassies.43 Although various amendments were
made to the civil status laws in 2017 to enable increased access to registration abroad,44
many of these challenges still remain.
39 Institute for War and Peace Reporting, “Campaign to change unfair citizenship law continues,” 19 December
2008, available at: https://www.refworld.org/docid/4959de2a1e.html.
40 European Network on Statelessness and Institute on Statelessness and Inclusion, “Statelessness in Syria,”
August 2019, available at: https://statelessjourneys.org/wp-content/uploads/StatelessJourneys-Syria-August2019.pdf.
41 UNHCR and Syrian Arab Republic Ministry for Interior (Civil Affairs Directorate), “Civil Documentation and
Registration in the Syrian Arab Republic,” at 20, available at: https://www.unhcr.org/sy/wpcontent/uploads/sites/3/2018/09/Personal-DocumentationEn-Jul-2018.pdf.
42 Institute on Statelessness and Inclusion and Norwegian Refugee Council, “Understanding statelessness in the
Syria refugee context,” 2016, at 19, available at: https://www.refworld.org/docid/584021494.html.
43 European Network on Statelessness and Institute on Statelessness and Inclusion, “Statelessness in Syria,”
August 2019, available at: https://statelessjourneys.org/wp-content/uploads/StatelessJourneys-Syria-August2019.pdf.
44 According to Act No. 4 of 2017 (amending Legislative Decree No. 26 of 2007) civil status events are able to be
“…registered in the place they occurred, the place of residence, Syrian embassies or consulates, or in the
embassy or consulate charged with protecting the interests of Syrians.” If a person is unable to access an
embassy or consulate, pursuant to Article 17(a) of the Syrian Civil Affairs Law (No. 4 of 2017), “…the Syrian citizen
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