UNDERSTANDING STATELESSNESS IN THE SYRIA REFUGEE CONTEXT
Iraq
For Iraqi citizens, the civil registration procedure is complex as there is a separate civil record for each
governorate for the population. This also affects Iraqi refugees who had been residing in Syria and have
now returned to Iraq. For foreigners, including refugees, the situation is much simpler as they follow the
civil registration code95 that is applicable to all foreigners, in whichever governorate they reside. In Iraq, the
specific challenges that affect refugee populations in accessing birth registration involve children born out
of wedlock (or in cases where the parents cannot prove they are legally married) and children born outside
recognised health care facilities.
Jordan
Syrian refugees follow the same laws and procedures as Jordanian citizens for registering personal status
issues such as births or marriages. These are centralised and at times difficult to access.96 Jordan is also
a country where personal status regulations are governed by the relevant Sharia courts and again the
procedures can be difficult to follow.97 For example, a Syrian refugee who married informally in Syria in
accordance with Syrian custom but who had a child born in Jordan must first have the Syrian marriage ratified
through a complicated Jordanian court proceeding before they can obtain a birth certificate for the child of the
marriage. If the child is 12 months or older, the parents must go to court to have the birth certificate issued
and may be financially penalised for late birth registration.
Lebanon
There are eighteen religious sects98 that are recognised as legal entities that have the authority to govern
at their discretion on personal status issues.99 The birth and marriage registration systems are known to be
complex – many studies have pointed to legal obstacles facing even Lebanese citizens, as well as unregistered,
undocumented and stateless persons living in Lebanon, in obtaining basic documentation.100 The full birth
registration process for children of Syrian refugees born in Lebanon comprises 5 steps.101
Turkey
A Syrian refugee follows the same civil status procedures as a Turkish citizen, apart from the acquisition of a
birth certificate, as the refugee is given an international birth certificate as opposed to a regular one.102
Egypt
Syrian refugees follow the same civil registration procedures as Egyptian nationals, which are centrally
regulated.103
9596979899100101102103
95
96
97
98
99
100
101
102
103
Law 188-1959, Al Waqa’a Al Iraqiah [Iraq], vol. 280, 30 December 1959, available at: http://www.refworld.
org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=5322d5ae4.
Law 36 of 2010, Al Jarida Al Rasmiyya [Jordan], vol. 5061, 17 October 2010, available at: http://www.
farrajlawyer.com/viewTopic.php?topicId=153.
For more information on the civil registration system and problems of access for refugees see, NRC and
IHRC, Registering Rights, supra n12.
According to the decision number 60 issued on 13 March 1936 and amendments, which lists all sects
and establishes their responsibility for setting their regulations and religious system.
Article 9 of the Constitution explicitly “guarantees that the personal status and religious interests of
the population, to whatever religious sect they belong shall be respected”. See, Lebanese Constitution,
1926, available at: https://www.lp.gov.lb/CustomPage.aspx?id=26&masterId=1, Art. 9.
For more information please Frontiers Ruwad, Birth Registration Procedures in Lebanon: Practical
Manual, 2014, available at:
https://frontiersruwad.files.wordpress.com/2015/03/birth-registration-manual_english.pdf.
For information on the five steps see, NRC, The Challenges of Birth Registration in Lebanon for Refugees
from Syria, supra n15 and UNHCR, Addressing Statelessness in the Middle East and North Africa, supra
n14, page 15 (at note 35).
Law No. 4721 – Turkish Civil Code [Turkey], 7 December 2001.
Law 100-1985 amending Law 25-1920 and Law 25-1929, Al Jarida Al Rasmiyya [Egypt], vol. 27, 3 July
1985, available at: http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11.
RESEARCH REPORT
25
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