 UNDERSTANDING STATELESSNESS IN THE SYRIA REFUGEE CONTEXT While the general challenges which arise in respect of access to civil registration for refugees from Syria were discussed in the previous chapter, the following sections take a closer look at three profiles for which specific obstacles can arise and where further assistance may be needed: 1) children whose birth in the host State is not registered by the set deadline; 2) children born within female-headed households; and, 3) children born within child marriages 4.1.1 CHILDREN WHOSE BIRTH IN THE HOST STATE IS NOT REGISTERED BY THE STATUTORY DEADLINE In each of the host countries, there are statutory deadlines within which a child born in that State must be registered, but a wide variety of legal and practical obstacles as well as a lack of awareness may cause such registration deadlines to be missed. When this happens, the process often becomes significantly more complicated. In Egypt, the birth of a child should be registered within 14 days at the Egyptian health office in the district where the child was born. Upon registration, the Egyptian health office will issue a birth certificate. Failure to register the birth within the first 14 days will result in a lengthy registration process.169 In Turkey, the general registry office will register the birth up to 30 days after the birth at no cost. For babies born in Lebanon, there are several steps that the parents must complete,170 and if the first three of these steps are not all taken within one year from the date of birth, then registration can only be achieved through a court order. In Jordan, the first deadline is one month, after which there is a 10 Jordanian dinar171 penalty for late birth registration. If the family fails to register the birth before the child turns one year old, they will have to follow a court procedure to obtain the birth certificate.172 In KRI the statutory deadline is 45 days and again if the one-year deadline is not met, a court proceeding is needed – often a costly and lengthy process.173 In Lebanon, Yahya did not register the birth of his daughter before the one-year deadline. He decided to falsify the birth date of his daughter in order for her to be considered younger than one year. He paid a broker a significant amount to produce a birth notification that would reduce his daughter’s age by a full year. However, he was still unable to obtain a birth certificate as his marriage was not registered.174 Across the host States, different organisations raise awareness and facilitate access to complete birth registrations before the respective deadlines and even tackle the more complex procedures after the deadlines. NRC, for example, provides legal counselling for any individual who requests help navigating the procedures, whilst Justice Centre for Legal Aid (JCLA) and Arab Renaissance for Democracy and Development (ARDD) in Jordan will provide legal aid and represent those who have passed the deadline in court proceedings.175 In many cases families are unable to register the births of children as the parents do not have formal marriage certificates from Syria. By the time the marriage certificate is ratified through a court process, the child is often more than 12 months old and the late birth certificate must also be obtained through the court process. NRC will typically assist the parents with the court procedures necessary to obtain both the marriage ratification and birth certificates. For example, in Lebanon, apart from legal representation offered to parents, who missed the deadline, ICLA introduced a response scheme where parents 169 For more information please see USA Embassy in Egypt, ‘Report of Birth Abroad’, available at: http:// egypt.usembassy.gov/consular/acs2.html. 170 For information on the five steps see, NRC, The challenges of birth registration in Lebanon for refugees from Syria, supra n15. Obtaining a birth notification from the hospital/midwife/birth attendant, obtaining a Birth Certificate from the local Mokhtar, registering the certificate at the Personal Status Department including (a) the Nofous; and (b) at the Foreigner’s Register. 171 Approximately US$40. 172 For more analysis on birth procedures for late registration please see NRC, The challenges of birth registration in Lebanon for refugees from Syria, supra n15 and NRC and IHRC, Registering Rights, supra n12. 173 UNHCR, Register the Birth of Your Children, Protect Their Rights!, supra n139. 174 Interview with Yahya, Baalback Lebanon, July 2016. 175 See also on legal aid and counselling initiatives in respect of birth registration for Syrian refugees, UNHCR, Addressing Statelessness in the Middle East and North Africa, supra n14, page 17. 36 RESEARCH REPORT