25. Many children born in territories that were outside the control of the Syrian government have
therefore often not acquired birth certificates and other forms of documentation recognized by
the Syrian government and are at heightened risk of statelessness.32
26. In 2016, investigative journalists in Syria reported on the situation of children of undetermined
paternity living in poverty with their Syrian mothers and sleeping in public parks.33 These children
were reportedly born outside marriage or born to a father who subsequently went missing due to
the conflict situation. The article described challenges faced by mothers lacking proof of the
father’s identity, whereabouts, or their marriage when trying to register their children. Following
this coverage, it was reported by the same source, as well as the official Syrian state news agency
in June 2018, that the People's Council had approved the passing of a new law (The Law Regarding
the Care of Children of Undermined Paternity) to grant Syrian nationality to children of
undetermined paternity.34 However, there is a lack of information regarding the implementation of
this new law, and it should also be highlighted that such children would automatically be recorded
as being Sunni Muslim (the majority religion) on the basis that the father’s religion could not be
identified.
27. Furthermore, the conflict has led to widespread sexual violence and marriages to foreign fighters,
and children born from such circumstances are especially at risk of statelessness. The UN Secretary
General recently reported that women “who conceived children as a result of rape faced difficulties
in obtaining official documentation for their children, placing them at heightened risk of
statelessness.”35 Syrian women who married foreign fighters voluntarily or under duress have also
encountered difficulties registering their children. These children are not entitled to their mother’s
nationality under Syrian law, and in many cases they cannot obtain their father’s nationality,
either. Even where children should legally receive their father’s nationality, many foreign fighters
have died or disappeared, sometimes without their wives knowing their legal names, making it
difficult for mothers to obtain proper documentation for their children.36
Kurdish Population
28. In 1962, the Syrian Government carried out a discriminatory census, which stripped an estimated
120,000 Kurds living in Syria’s north-eastern Hassaka governorate of their citizenship, “on the pretext
32
International Rescue Committee, “Identify Me: The Documentation Crisis in Northern Syria,” July 2016, available
at: https://www.rescue-uk.org/report/identify-me-documentation-crisis-northern-syria.
33
Arab Reporters for Investigative Journalism, “Syria’s Fatherless Children,” 9 October 2016, available at:
https://en.arij.net/investigation/syrias-fatherless-children/ .
34
Arab Reporters for Investigative Journalism, “The Syrian People's Council approves to grant citizenship to
[children] of unknown paternity”, 13 June 2018, available at:
https://arij.net/news/%D9%85%D8%AC%D9%84%D8%B3-%D8%A7%D9%84%D8%B4%D8%B9%D8%A8%D8%A7%D9%84%D8%B3%D9%88%D8%B1%D9%8A-%D9%8A%D9%88%D8%A7%D9%81%D9%82%D8%B9%D9%84%D9%89-%D9%85%D9%86%D8%AD-%D8%A7%D9%84%D8%AC%D9%86%D8%B3%D9%8A/.
35
Security Council, ‘Conflict-related sexual violence: Report of the Secretary General,’ S/2021/312 (30 March
2021), para. 57.
36
Nisan Ahmado, “Kids of IS Fighters, Syrian Mothers Face Uncertainty,” 26 April 2019, available at:
https://www.voanews.com/a/children-born-of-is-foreign-fighters-syrian-mothers-face-uncertain-futures/4893810.html.
8