Preventing and Reducing Statelessness inside Syria
Preventing and Reducing Statelessness
inside Syria
Addressing Pre-Conflict Situations of
Statelessness
Syria is home to some historically stateless populations,
including certain Kurdish populations, long-staying
stateless migrants from other countries in the region, such
as the bidoon, and individuals who may have become
stateless due to the inability to acquire nationality from
their mothers under the law.
Kurds registered in Syria’s 1962 Census have
the status of “ajanib”. Kurds who did not
register in the 1962 Census are designated
as “maktoumeen”. While both groups are
considered non-nationals, the ajanib became
eligible to apply for Syrian nationality in 2011.
In 2011, the adoption of Decree 49 in Syria successfully
facilitated the reacquisition of nationality for thousands,
representing the largest single reduction of statelessness
in the world for that year.18
In 2013, UNHCR provided technical support for an
assessment carried out by Rehabilitation Education and
Community Health (REACH) and the Agency for Technical
Cooperation and Development (ACTED) to assess how
many stateless Kurds displaced to the Kurdistan Region
of Iraq (KR-I) were able to successfully complete the
procedure of applying for nationality prior to departing
Syria. The assessment found that 98 per cent of those
who applied for Syrian citizenship under Decree 49
acquired nationality within three months of applying.19
By mid-2013, 104,000 stateless individuals acquired
nationality through the implementation of Decree 49.20
However, the rise of conflict and insecurity in 2012 have
made the process of applying for Syrian nationality more
difficult, as both freedom of movement and government
services are increasingly disrupted. In addition, many
stateless Kurds were forcibly displaced from Syria prior
to applying for Syrian nationality, while others remain
ineligible for Syrian citizenship because they did not
register in Syria’s 1962 Census. Syria’s past progress
in resolving statelessness notwithstanding, renewed
attention is now needed to ensure that solutions are
identified for any residual situations of statelessness in
the country, as those lacking a nationality are now likely
to find daily life and survival even more difficult.
Preventing Statelessness and
Enhancing Protection
Within Syria, the conflict is also endangering the protection
and legal identity of those who are Syrian nationals.
In 2015, the Whole of Syria (WoS) Protection Needs
Overview identified the lack of civil status documentation
as a leading concern for conflict-affected and internally
displaced families, with 91 per cent of sub-districts
identifying it as one of top three protection issues, and
with more than a third identifying it as a primary protection
concern.21
In 2011, half of all stateless
people in the world who acquired
nationality were in Syria.
18
See UNHCR, UNHCR Global Trends 2011: A Year of Crises, 18 June 2012, at: http://www.refworld.org/docid/4fdeccbe2.html.
This survey was conducted in Domiz Camp, located in Dohuk Governorate, in July 2013, and covered 393 families comprising 1,974 individuals.
It found that of 544 ajanib who applied for citizenship, 531 were granted citizenship. A small group of those surveyed did not attempt to reacquire
citizenship. REACH/ACTED, July 2013.
20 UNHCR, Global Report 2012 – Syrian Arab Republic, 19 June 2013, at: http://www.unhcr.org/51b1d63cb.html.
21 The 2015 Protection Needs Overview uses the term “civil status documentation” to refer to identity cards as well as vital events registration
documentation (certificates of birth, marriage, divorce, and death). Whole of Syria Protection Sector, 2015 Protection Needs Overview, October 2015,
at: http://hno-syria.org/WoS%20Protection%20Needs%20Overview%202015%20-%20Not%20protected.pdf.
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