Statelessness Working Paper Series 2017/04 Maktoumeen,21 those who did not participate in the census.22 The conditions of the census were, however, less than optimal to determine the population’s status: the census only took place over the course of a single day. Administrative documents were difficult to obtain on short notice, such as proof of residence, which were requested on the spot; decisions to register were arbitrarily made; many residents were illiterate; and many residents did not engage much with the authorities thus were neither informed about the census and its procedure, nor that they could appeal.23 This led to about 20% of the Kurdish population being rendered stateless at the time.24 One can also see a deficiency in the implementation of the law as the safeguards provided for under Article 3C SNL that should prevent passing on statelessness to their children are currently inactive and the statuses of Ajnabi or Maktoumeen became in practice hereditary.25 Presidential Decree 49 adopted in March 2011 granting Syrian nationality to Ajnabi from al-Hasaka partly reversed the trend and can explain the important drop in numbers of stateless individuals in the country.26 Substantiated testimonies have confirmed the legislation has been put in practice but further details on the implementation and consistent application could not be collected due to the start of the conflict in the country. 27 However, the Maktoumeen were still excluded from the decree and therefore statelessness among Syrian Kurds is still important. 2.1.2. Stateless Palestinians Palestinian refugees are another important category of stateless persons in Syria, with about 526,744 registered Palestinian refugees in Syria as of January 1, 2011, prior to the conflict. 28 An estimated 450,000 Palestinian refugees registered with UNRWA in Syria still remain inside the country.29 Palestinian refugees are prevented by the authorities from acquiring Syrian nationality in order to ensure their right to return to Palestinian territories in the future.30 Indeed, the right to vote or be naturalised was excluded from the rights granted to Palestinians under Law 206 of 1957.31 2.2. Persons at Risk of Statelessness Based on Gender Discriminatory Laws Provisions of the SNL can be identified that put children at risk of statelessness. This Law discriminates against women in passing along their nationality to their child. Indeed, if born within the country, the Syrian mother can only pass along her nationality to her child if the father is unknown.32 More relevant with regard to Syrian asylum seekers in the migratory context is the fact that if born outside the country, a child can only receive Syrian nationality if he or she is born to a Syrian Arab father. 33 Therefore, a child born to a Syrian mother and for whom filiation with the father cannot be established, regardless of the nationality of the father, would be at risk of statelessness. Indeed, to prevent statelessness, the paternity of the child must be established. Legal documents may need to be presented for the filiation of the child with the father to be established. In the migratory context, 21 Maktoumeen means hidden in Arabic. Z. Albarazi, TLS (2013), p. 14. 23 Ibid. 24 Ibid. p. 15-16. 25 Ibid. p. 7. 26 Ibid. p. 18. 27 Ibid. 28 United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), Where We Work: Syria, http://www.unrwa.org/where-we-work/syria. 29 UNRWA, Syria Crisis, http://www.unrwa.org/syria-crisis#Syria-Crisis-and-Palestine-refugees. 35 Z. AIbarazi, TLS (2013), p. 7. 31 UNGA, Report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, (A/61/13), 2006, http://www.unrwa.org/resources/reports/report-unrwa-commissioner-general-un-generalassembly-2005, footnote 2. 32 Syrian Arab Republic, SNL, Article 2B. 33 Syrian Arab Republic, SNL, Article 3A. 22 4