Legal Identity and Housing, Land and Property Rights of Syrian Refugees from a Durable Solutions Perspective Challenges and Opportunities 3.1.1 Country-specific challenges In KRI, Syrian refugees need valid residency to obtain civil documentation and initiate Personal Status Court proceedings, such as proof of birth, marriage, or death.89 Although the majority of Syrian refugees in KRI have legal residency, it was reported that residency renewals declined in 2020 due to COVID-19-related measures and the deteriorating economic situation. As a result, some refugees have not been able to obtain, update, or replace civil documentation. Syrian refugees who arrived in October 2019 because of conflict in north-east Syria, faced a lengthy process to secure residency due to delays with security clearance procedures.90 Stateless Kurds from Syria (maktumin and ajanib)91 residing in KRI are a particularly vulnerable group. Their lack of citizenship continues to impact their lives during displacement in KRI. For example, the lack of Syrian civil documentation can be an insurmountable obstacle to register vital events of maktumin. Their status also restricts their ability to enjoy HLP rights, in particular claiming inheritance and other marital rights. Syrians in KRI cannot travel from KRI to the Syrian Embassy in Baghdad without residency or travel authorisation in Federal Iraq and, due to COVID-19 travel restrictions, there has been no diplomatic visit from Embassy staff to KRI since March 2020. In Jordan, Syrian refugees who lack marriage documentation face difficulties in registering their children. Couples who were informally married in Syria first need to obtain a marriage ratification from a Jordanian Shariʻa Court, followed by ratification of parentage. The process can take up to 12 months, and incur significant financial costs especially in cases where the husband/father is absent.92 Informal marriages conducted by an unauthorised Sheikh are illegal in Jordan and can be subject to fines and criminal charges. A judicial decision to legalise such marriages can take three to six months.93 89 90 91 92 93 KII for joint UNHCR/NRC regional research, 2020. The research findings were inconclusive about whether a valid residency permit is required by all Iraqi judges to start a judicial procedure. There seem to be divergent legal practices in the different regions of Iraq or even within KRI – for example, Duhok court practices are reportedly different from those of courts located in Erbil. Communication with NRC ICLA Iraq/KRI, January 2021. Prior to the recent crisis, Syria had a substantial population of stateless Kurds. A special census held in the majority-Kurdish Al Hasakeh province in 1962 left thousands of Kurds stateless, with about 120,000 Kurds losing their Syrian citizenship overnight. In March 2011, an estimated 300,000 stateless Kurds lived in Syria, holding the status of ajanib (those registered as foreign in the census) and maktumin (those who were not registered at all). Both ajanib and maktumin status are passed to succeeding generations. On 7 April 2011, the Syrian government issued Presidential Decree No. 49, which allowed ajanib Kurds to apply for Syrian nationality. Reportedly, several thousand ajanib Kurds have acquired Syrian nationality since. Maktumin are not mentioned by Decree No. 49 and are thus ineligible to apply for nationality. Applications for citizenship have to be made in person inside Syria (specifically in Hasakeh), presenting an obstacle particularly to those displaced from Syria. UNHCR, International Protection Considerations with regard to people fleeing the Syrian Arab Republic, Update VI, March 2021, www.refworld.org/ docid/606427d97.html, p. 153; UNHCR, 2016, In Search of Solutions: Addressing Statelessness in the Middle East and North Africa, p. 11, https://www.refworld.org/docid/57dbdaba4.html In the Shari’a Court, the marriage ratification and ratification of parentage can be addressed as a single case. The length of the case is dependent on a number of factors, including (i) if there is an attorney or not; (ii) the caseload at the court; (iii) the timeline between court sessions; and (iv) the capacity of the parties/attorney to bring a witness and any other supporting documents. The Pardon Law adopted on 5 February 2019 allows for immunity for all informal marriages which occurred prior to 12 December 2018. Article (2/b) of the Pardon Law states that the Law also covers all judicial fees and fines that are related to the crimes included in the law. UNHCR & NRC Jordan, March 2020, Legal Safety for Return Preparedness. Legal and civil documentation challenges for Syrian refugees in Jordan in view of return. Photo: UNHCR / Mohammad Hawari 15