be unable to prove that her children are Syrian nationals.3 Five years of conflict has left millionsUNDERSTANDING of Syrians displacedSTATELESSNESS across the Arab region and SYRIA around the world. The IN THE REFUGEE CONTEXT  overwhelming majority of persons displaced by the conflict in Syria hold Syrian nationality, will remain Syrian and face no immediate risk of statelessness. Since Syrian nationality is transmitted jus sanguinis (by descent), Five of conflict haschild left millions of Syrians displaced across the acquire Arab region andnationality around at birth, through theyears paternal line, any of a Syrian father should automatically Syrian the world. The overwhelming majority of persons displaced by the conflict in Syria hold even if born in exile. Where children of a Syrian father lack proof of paternal descent, theySyrian may be denied nationality, will remain Syrian andtheir facenationality. no immediate riskthat of statelessness. Since Syrian recognition as Syrian nationals; denied The risk her children will not be recognised as nationality is transmitted jus sanguinis (by descent), through the paternal line, any child of a with the Syrian nationals is one that Fakhriya, and other refugees in her position who no longer have contact Syrian father should automatically acquire Syrian nationality at birth, even if born in exile. Where father of their children, are acutely aware of. children of a Syrian father lack proof of paternal descent, they may be denied recognition as Syrian nationals; denied their nationality. The risk that her children will not be recognised as However, conflict andisdisplacement make the for Syrians complicated. For various Syrian nationals one that Fakhriya, andsituation other refugees in hermore position who no longer have reasons, some contact refugeeswith maythe find it difficult establish Syrian nationality or that of their children. It is then that father of theirto children, aretheir acutely aware of. statelessness may result. However, conflict and displacement make the situation for Syrians more complicated. For various refugees it difficult to establish their Syrian their under the To bereasons, statelesssome means to holdmay no find nationality, (i.e. not be considered asnationality a nationalorbythat anyofState 4 5 children. It is then that statelessness may result. operation of its law). This is a “mixed question of law and fact”. What matters is how the individual is treated by the competent authorities, rather To be stateless means to hold than whether he or she should be a no nationality, (i.e. not be national based asona national a formalistic considered by any 6 – so it is important reading of the lawthe State under operation of its to understand notisonly the letter of the law).3 This a “mixed question 4 law, but alsoand howfact”. it is implemented of law What mattersto is how the individual is treated identify where statelessness may the competent occur.byAccess to civil authorities, registration rather and thanthe whether she procedures abilityhetoorobtain should be a national based on documentation are critical to5 a formalistic reading of the law – so it is important to understand not only the letter of the protecting the right to Syrian law, but also how it is implemented to identify where statelessness may occur. Access to civil nationality in a displacement context and sotofor refugees, now and inare thecritical future.toThis is one of reasons why registration procedures and the ability obtain documentation protecting thethe right to Syrian nationality in a displacement context and so for refugees, now and in the future. This Interview with Fakhriya, Irbid Jordan, Julyfacilitating 2016. All names in this report haveregistration been changed. and documentation has been is one of the reasons why access to civil Ibid, 6 4 an important focus within the refugee Articlerecognised 1 of the 1954 as Convention on the Status of Stateless Persons codifiesresponse. this international law definition of a stateless person. See further, A. Edwards and L. van Waas, Nationality and Statelessness under International Law, Cambridge University Press, 2014. 5 United Nations Highbeing Commissioner Refugees (UNHCR), are Handbook onissues, Protection Stateless 2014, 7 Even though a refugeeforand being stateless distinct oneofcan lead toPersons, the other – available at: http://www.refworld.org/docid/53b676aa4.html, para. 23. 6 an important consideration in contexts of continuing displacement andIdentification one whereforpreventative Ibid, paras. 24, 35 and 27. See also, B. Manby, Identification in the context of forced displacement: Development (ID4D), World Bank, 2016, available at: http://documents.worldbank.org/curated/en/375811469772770030/pdf/107276-WP-P156810-PUBLIC.pdf. action is key. Statelessness also features more directly as an issue in the context of the Syria 2 3 refugee situation. The content of Syria’s current nationality law is such that some children of Syrian refugees who are born in exile face real barriers to accessing Syrian nationality, in particular due to the fact that Syrian women cannot transmit their nationality to their children. Where a child is born to a Syrian refugee mother and an unknown father,8 it may be impossible for the child to secure Syrian nationality. In addition to this challenge, a small but not insignificant minority of refugees displaced from Syria were already stateless, prior to the conflict. They have 3 4 5 6 7 8 8 Article 1 of the 1954 Convention on the Status of Stateless Persons codifies this international law definition of a stateless person. See further, A. Edwards and L. van Waas, Nationality and Statelessness under International Law, Cambridge University Press, 2014. United Nations High Commissioner for Refugees (UNHCR), Handbook on Protection of Stateless Persons, 2014, available at: http://www.refworld.org/docid/53b676aa4.html, para. 23. Ibid, paras. 24, 27 and 35. See also, B. Manby, Identification in the context of forced displacement: Identification for Development (ID4D), World Bank, 2016, available at: http://documents.worldbank.org/ curated/en/375811469772770030/pdf/107276-WP-P156810-PUBLIC.pdf. See, among others, UNHCR, The Future of Syria: Refugee Children in Crisis, 2013, available at: http:// unhcr.org/FutureOfSyria/index.html; Regional Refugee and Resilience Plan 2016-2017 (3RP), Regional Strategic Overview, 2015, available at: http://www.3rpsyriacrisis.org/wp-content/uploads/2015/12/3RP-Regional-Overview-2016-2017.pdf. See further Norwegian Refugee Council (NRC) and Tilburg University, Statelessness and Displacement: Scoping Paper, 2015, available at https://www.nrc.no/resources/reports/statelessness-and-displacement. Discussed below are the many circumstances where this may be the case. RESEARCH REPORT 11