Legal Identity and Housing, Land and Property Rights of Syrian Refugees from a Durable Solutions Perspective Challenges and Opportunities Another prominent barrier is a lack of supporting documentation required to complete civil registration, in particular birth registration. Many refugees do not have their documents, which may have been damaged, lost, or confiscated by authorities or other actors, or may never have been obtained (particularly for stateless individuals).79 Parents who cannot present proof of their marriage, and in particular those who married informally,80 often face great difficulties registering the births of their children.81 In all host countries, it is possible to obtain court-issued proof of certain vital events that have occurred in Syria, such as ratification of an informal marriage and confirmation of kinship.82 However, these ratification proceedings, which could support registration for undocumented children, can be lengthy, costly, and complex and may require legal assistance.83 The need for legal aid to navigate civil registration procedures was mentioned by the stakeholders consulted as part of this research. Many refugees, including those interviewed during this research, are reluctant or unwilling to approach the Syrian authorities, including diplomatic missions, citing concerns related to compulsory military conscription, detention, and the perception of being affiliated with an opposition group.84 As a result, while the majority of refugees interviewed as part of this research undertook all required steps to register vital events that have occurred in host countries, a significant number of Syrian refugees reported not registering their vital events at the embassy level.85 79 80 81 82 83 84 85 UNHCR & NRC, 2019, Uncertain Futures – Legal and Civil documentation, Housing, Land and Property (HLP) and Challenges to Return for Syrian Refugees, p. 2; UNHCR, November 2017, Good Practices Paper – Action 7: Ensuring birth registration for the prevention of statelessness, https://www.refworld.org/ docid/5a0ac8f94.html Proof of a legally valid marriage is required for birth registration. Informal (so-called sheikh, ‘urfi or katb al-kitab) marriages are generally contracted without the involvement of state institutions (e.g., a Shari‘a Court or authorised Sheikh). Generally, these marriages can only be recognised as a legally valid marriage after ratification before a personal status court. See UNHCR & NRC Jordan, March 2020, Legal Safety for Return Preparedness. Legal and civil documentation challenges for Syrian refugees in Jordan in view of return; UNHCR Lebanon, 2020, Q&A on marriage registration for Syrian refugees who marry in Lebanon (updated in February 2020), http://www.refugees-lebanon. org/en/d/205 UNHCR & NRC Jordan, March 2020, Legal Safety for Return Preparedness. Legal and civil documentation challenges for Syrian refugees in Jordan in view of return; NRC & IHRC, 2015, Registering Rights: Syrian Refugees and the Documentation of Births, Marriages, and Deaths in Jordan, p. 15; 2020 Vulnerability Assessment of Syrian Refugees in Lebanon (VASyR Lebanon), 2020, p. 35. Such court issued ratifications are valid in host countries, although Syria retains exclusive jurisdiction for the issuance of documents confirming vital events occurring in Syria. UNHCR & NRC Jordan, March 2020, Legal Safety for Return Preparedness. Legal and civil documentation challenges for Syrian refugees in Jordan in view of return; NRC & IHRC, 2015, Registering Rights: Syrian Refugees and the Documentation of Births, Marriages, and Deaths in Jordan, p. 18–23; NRC & IHRC (2016), at p. 19, 24–26; Communication with NRC ICLA Iraq/KRI, January 2021. Clutterbuck, M. et.al., 2018, Establishing Legal Identity for Displaced Syrians, Forced Migration Review No. 57, Syrians in Displacement, February 2018; KII interviews for joint UNHCR/NRC regional research, 2020. KII for joint UNHCR/NRC regional research, 2020. “ I feel like it might be helpful to obtain a death certificate [for my husband]. I asked relatives in Syria if it’s possible, but they said that it’s difficult, because we don’t have the body or any document to prove that he’s actually dead. I don’t feel like there is anyone I can even ask about this stuff, but the document might help in my children’s future to prove that [their father] is dead and they have a right to their father’s share of the inheritance. “ Syrian refugee in Jordan 13