Legal Identity and Housing, Land and Property Rights of Syrian Refugees from a Durable Solutions Perspective Challenges and Opportunities 2.2 National legal frameworks on the right to legal identity Matters of legal identity and civil documentation in Syria, Iraq,26 Jordan and Lebanon are governed by laws of civil and/or personal status. These laws27 outline the conditions, procedures, and costs for registering vital events and issuing certificates. Given that birth registration can have implications regarding nationality, the Syrian nationality law is also relevant.28 Box 1: HLP25 According to the Syrian Civil Status Law,29 all vital events, such as births, marriages, divorces and deaths that take place in Syria must be registered with the Civil Status Department within three months.30 Events that take place abroad must be registered within nine months31 either at the diplomatic mission in the place of residence or the place where the event occurred, or directly32 at any Civil Registry Centre in Syria.33 For vital events that occurred abroad to be considered valid for registration in Syria, they must first be registered following the laws of the country in which they occurred, and must not conflict with Syrian laws.34 HLP rights concern having a home/ property free from the fear of forced eviction and a place that offers shelter, safety, and the ability to secure a livelihood. HLP rights are held by owners, tenants, housing association members, informal sector dwellers, and customary land tenure owners and users. HLP rights include rights held according to statutory or customary law, they include: In Jordan, vital events must be registered with the Civil Status Department, following strict procedures and deadlines.35 Lebanon’s civil registry procedures consist of several steps with short deadlines involving agencies at local and governorate levels.36 · The right to adequate housing, encompassing the right to security of tenure and protection from forced eviction; In Iraq, vital events of Syrian refugees are recorded with the Directorate of Birth and Death (under the Ministry of Health) and local mukhtars.37 · The right to access natural resources, such as land and water; In Syria and all host countries, registration processes require supporting documents and the payment of fees. The late registration of vital events or complex cases often entails lengthy, costly, and complex judicial procedures, and can incur fines.38 · The right to non-discrimination in accessing HLP rights, which entails special protection for the most vulnerable and marginalised persons. 25 Based on UN CESCR, General Comment 4 (1991). See also UNHCR Handbook for Emergencies, 4th Edition (2015), https://emergency.unhcr.org/ entry/214524/housing-land-and-property-hlp For example, in Jordan, proof of birth or death must be obtained through a lawsuit if more than one year has elapsed since the event.39 In Syria, a lawsuit is required for death registration in cases where family members or heirs do not, or cannot, follow regular procedures to register a death due to a lack of evidence or in the case of a missing person.40 33 26 It should be noted that the Kurdistan Region of Iraq is recognised as an autonomous region by the Iraqi Constitution. Under the Constitution, the Kurdish Regional Government (KRG) has considerable legislative and judicial powers outside the federal legislative and judicial system, which means that separate laws often apply in both parts of Iraq. 27 See Annex 1 for a list of key national laws relevant to legal identity and civil documentation. 28 Syrian Nationality Law - Legislative Decree No. 276 (1969). 29 34 Syrian Civil Status Law, Law No. 13/2021. 30 Syrian Civil Status Law, Law No. 13/2021, art. 14a. 31 Syrian Civil Status Law, Law No. 13/2021, art. 14a 32 The required validation and ratification steps are often subject to fees as well as fines if the registration deadline has passed. Fees at the Syrian Embassy are not the same in the three host countries, based on data published on the respective embassy websites. 35 Syrian Civil Status Law, Law No. 13/2021, art. 17. Syrians who are unable to approach a Syrian diplomatic mission can register a vital event that occurred abroad directly in any Civil Registry Centre in Syria. An authorised relative or legal representative with power of attorney can submit the original documents or a certified copy, issued by the competent authorities in the host country, which proves the vital event to any Civil Registry to be recorded. Syrian Civil Status Law, Law No. 13/2021, art. 17, in addition to Executive Regulations of Law 13/2021 issued under Ministry of Interior’s decision number 1/M/N 2021. The article describes the process and requirements for the registration of vital events of Syrians that take place abroad. According to the Syrian Ministry of Interior website http://mofaex.gov.sy (accessed 12 July 2021), the original foreign civil document must be ratified by the Ministry of Foreign Affairs of the host country. According to the Jordanian Civil Status Law, Law No. 9/200, birth registration must occur within 30 days when a child is born inside Jordan (art. 13(a)) or 90 days when birth occurs outside Jordan (art. 13(b)). For late registration, a 10 JOD fine is due (art. 13(a)). The registration deadline for marriage and divorce is 30 days (art. 23(a)). Death registration needs to occur within a week of the death (art. 26(a)). 36 37 38 39 40 According to the Lebanese Personal Status Registration Law, marriages and births have to be registered within one month (art. 22 and art. 11 respectively). Delayed birth registration is subject to fines and registration of children older than one year can only be done through a lawsuit (art. 12). Deaths have to be registered within 45 days. Late registrations (after 45 days of the death) are subject to a fine amounting to 100,000 LBP (art. 33). However, if a Syrian woman is married to an Iraqi national, she will be recorded in the Civil Registries; KII for joint UNHCR/NRC regional research, 2020. Syrian Arab Republic/Ministry of Interior/ Civil Affairs Directorate & UNHCR, 2019, Civil Documentation and Registration in the Syrian Arab Republic (English version; second edition), p. 19. Jordanian Civil Status Law, Law No. 9/2001, arts. 34–35. The procedures to report a missing person and obtain a declaration of death in absentia are summarised in Box 2. 7