UNDERSTANDING STATELESSNESS IN THE SYRIA REFUGEE CONTEXT
5.2.2.3 Return to Syria
For various reasons, stateless refugees are under increased pressure to return to Syria. In KRI,
many felt that obtaining identity documents fraudulently in Syria or pretending that a child was
born in Syria, was an effective method to regularise their situation. Many Ajanib Kurds have
also reportedly returned to Syria in order to attempt to benefit from the 2011 naturalisation
decree.278 This decree offered nationality to those individuals who were registered as Ajanib,
but applications for naturalisation, required them to be physically present in their hometown
together with all members of their family who wish to acquire nationality.279 Many problems arose
because of this. For instance, when the authorities of KRI became aware that an individual or
family had returned to Syria, they sometimes took away their residence permit, and UNHCR might
remove them from the register of refugees.280 Since March 2016, the KRI authorities have put in
place an amnesty to regularise registration and documentation of those who temporarily left for
Syria and have since returned to the KRI. There is a process where those temporarily returning
to Syria for various reasons are allowed to retain their refugee certificates and residency cards,
if permission is granted. However, this does not cover all those who have temporarily left for
various reasons.281
5.2.2.4 Restricted movement
In all the host countries, there are many security checkpoints on roads at which people are
asked to present identity documents and proof of legal stay. The situation of checkpoints differs
between countries and even from region to region. In Arsal in Eastern Lebanon, for example, there
are areas that it is not possible to leave without identification. In general, freedom of movement
within the host countries is heavily regulated. When a stateless refugee has no document this
may mean they are unable to travel freely in the host country, which has a significant impact on
their ability to find employment and access services.282
5.2.2.5 Increased fear and uncertainty
The stateless refugees who were interviewed were well aware of their precarious legal status
and what it had meant for them in Syria. They often also expressed concern about what this
status would mean for them in their place of displacement. They did not know what implications
statelessness and/or the lack of documentation would have for themselves, their children and
their families in the future.283
For Yacoub, living in Sulimaniya KRI, having a family with Syrian nationality who could live
as “proper Syrians”, even in a foreign country, would be a dream come true. Possessing
only a Bitaqi Ajnabi complicated life for him and his family. He was very happy when his
eldest daughter married a Syrian citizen so that she too could become Syrian and would
not face the same uncertain future that the rest of his children face, and wanted his other
daughters to do the same.284 The nationality law in Syria, like that of other countries in the
region, allows a man to transfer his nationality to his spouse, but does not allow a woman
to transfer nationality to her spouse.285
278
279
280
281
282
283
284
285
For more information on this decree see Z. Albarazi, The Stateless Syrians, supra n41.
Interview with Qandil, Erbil KRI, July 2016.
Interview with Faliya, Dohuk KRI, July 2016; interview with Harikar, Dohuk KRI, July 2016.
Information provided by UNHCR KRI.
Interview with Mokhtar, Baalbak Lebanon, July 2016.
Interview with Intersos, Erbil KRI, July 2016.
Interview with Yacoub, Sulimaniya KRI, July 2016.
See section 2.1.1 of this report.
RESEARCH REPORT
51
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