Legal Identity and Housing, Land and Property Rights of Syrian Refugees from a Durable Solutions Perspective Challenges and Opportunities Executive summary Access to legal identity and civil documentation – such as the documentation of births, marriages, and deaths – is a basic human right and a prerequisite to the realisation and enjoyment of a number of other civil, political, economic, social and cultural rights, including health and education. Moreover, possessing documentation is critical to reducing protection risks, ensuring access to income-generating opportunities and securing housing, land and property (HLP) assets. In the context of displacement, the rights to legal identity and HLP are essential to achieving durable solutions and providing a foundation on which Syrians can sustainably rebuild their lives. 1 Annex 2 provides an overview of the data collection methods that were used in the qualitative and quantitative research. 2 It should be noted that the Kurdistan Region of Iraq (KRI) 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. 3 See Annex 1 for a list of key national laws relevant to legal This report explores the key challenges that Syrian refugees in Jordan, Lebanon, and the Kurdistan Region of Iraq (KRI) face to access civil documentation and HLP rights from a durable solutions perspective, including in the context of returns to Syria. Specifically, it focuses on issues related to death registration, civil registration for families with missing relatives, and the link between a lack of civil documentation and the enjoyment of HLP rights, which are particularly significant issues during conflict and displacement. Based on in-depth legal analysis and quantitative and qualitative research, including over 30 focus group discussions and interviews with some 170 key stakeholders, 1 the report gives an overview of the on-the-ground reality and highlights how gaps in these areas could be addressed. With regards to Syria, the study considers the rights and legal framework as promulgated by the Government of Syria. Although not the focus of the report, Palestine refugees from Syria are likely to face many of the same challenges related to civil documentation and HLP rights as Syrian nationals. In Syria, Iraq,2 Jordan and Lebanon, laws of civil and/or personal status3 govern matters of legal identity and civil documentation. Since the start of the conflict, Syria and the host countries have adopted laws and policies to facilitate access to civil registration for displaced Syrians. While these efforts have significantly improved the situation for some, Syrian refugees continue to face a number of challenges that impede their access to civil documentation. Many refugees are unable to obtain, replace, or update documentation, and as a result, they remain undocumented or under-documented. A lack of civil documentation has serious protection implications for Syrian refugees including restrictions on freedom of movement, an increased risk of statelessness and the inability to enjoy HLP rights amongst others.4 identity and civil documentation. 4 UNOCHA, 2021, Syria Humanitarian Needs Overview (HNO), p. 57; World Bank, 2019, The Mobility of Displaced Syrians: An Economic and Social Analysis, p. 12; UNHCR, 2018, A Longing to Go Home, in Safety and Dignity – Intentions and Perceptions of Syrian Refugees in Lebanon About Their Future, p. 17; UNHCR, March 2021, Sixth Regional Survey on Syrian Refugees’ Perceptions and Intentions on Return to Syria, https://reporting. unhcr.org/sites/default/files/MENA%20regional%20survey.pdf 5 World Bank, 2019, The Mobility of Displaced Syrians: An Economic and Social Analysis. Key Informant Interview (KII) for joint UNHCR/NRC regional research, 2020. 6 UNHCR, March 2021, Sixth Regional Survey on Syrian Refugees’ Perceptions and Intentions on Return to Syria, p. 17. 7 World Bank, 2019, The Mobility of Displaced Syrians: An Economic and Social Analysis, p. 12. 8 HLP documents are much less likely to include women’s names. NRC & UNHCR, 2020, Reclaiming Home - HLP rights of Syrian refugees from Dar’a Governorate living in Jordan. 9 HLP rights violations have occurred throughout the conflict including inter alia, seizure and confiscation of property, forced evictions, looting and preventing civilians from returning to their property.5 A lack of adequate housing and concerns over their property and housing are among the main factors influencing refugees’ return intentions.6 This is exacerbated by high levels of destruction.7 Women are particularly affected and face additional challenges in claiming their property8 and inheritance rights such as administrative and practical constraints as well as customary norms and practice, threats of violence, exploitation and rejection from their families and communities.9 In the longer-term, if unaddressed, these issues will make it more difficult for refugees to access durable solutions and negatively affect future recovery efforts. World Bank, 2019, The Mobility of Displaced Syrians: An Economic and Social Analysis. There are concrete opportunities for stakeholders to take steps that will increase Syrian refugees’ access to legal identity and civil documentation and ensure their HLP rights are better protected. Continued and broadened support that responds to the key challenges faced by Syrian refugees is essential to improve the protection environment and access to durable solutions. 4