Integrating Issues of Statelessness in the Syrian Refugee Response
Integrating Issues of Statelessness in the
Syrian Refugee Response
Certain individuals within the Syrian refugee population
may also be stateless persons. These are individuals
who both have a well-founded fear of persecution in
their country of origin, and are also not considered as
a national by any State under the operation of its law.
Refugees who are also stateless are protected under
the refugee framework, which offers a higher standard
of treatment under international law than that applicable
solely on the basis of stateless status.32
As registration with UNHCR is often considered the
“doorway to protection” in a country of asylum, UNHCR
has established specialized regional registration
protocols to ensure the identification and registration of
stateless refugees from Syria, with particular attention
to their demographic profiles, protection issues, and
access to specific forms of documentation in the country
of origin. In Iraq, for instance, UNHCR has identified 1,144
Kurdish refugees from Syria who are stateless.
Advocacy and programming on protection issues linked
to statelessness are coordinated at the national level
through each of the 3RP country’s inter-agency Protection
Working Group, which have launched concerted efforts
to increase birth registration and appropriately respond
to situations where refugee children are unaccompanied
or separated from their parents.
Some Syrian refugee children, particularly those born in
Syria and immediately displaced to a country in the region,
may be without birth certificates or the means to obtain
them. Where refugee children lack birth certificates,
UNHCR also considers other documentation, such as
medical documents or witness affidavits to help establish
their identity and family links. In cases where a child is
completely undocumented, UNHCR conducts family
verification interviews with multiple family members to
ensure the authenticity of the parent-child relationship in
order to prevent illegal adoption, child trafficking or other
situations which may endanger children.
Identifying and Protecting Syrian
Refugees who are Also Stateless
Within the framework of refugee protection, UNHCR
seeks to ensure that all Syrian refugees have the best
possible access to international protection. This includes
clarifying at the outset that stateless persons are entitled
to the international protection afforded by the 1951
Refugee Convention, provided they meet the definition
of a refugee set out in Article 1A (2).33
To support decision-makers in adjudicating claims for
refugee status more effectively and reliably, UNHCR
has incorporated detailed attention to issues related
to statelessness, risks of statelessness and access to
documentation in its guidelines on the international
protection needs of individuals from Syria and Iraq.34
UNHCR also provides individualised, technical support
upon request to governments and UNHCR operations
on the assessment of specific asylum claims that involve
issues related to statelessness, nationality status or
access to documentation.
Registration with UNHCR provides undocumented
refugee children a vital layer of protection in documenting
their identity, family composition, and nationality (or their
country of origin, in the case of those who are stateless).
The use of biometric registration undertaken by UNHCR
in Lebanon, Jordan, Iraq and Egypt enhances protection
by providing reliable records of declared parentage and
family composition. This is critical for resettlement and
other forms of admission where the careful verification
of identity and family structure are core requirements for
receiving countries.
Stateless refugees with vulnerabilities may require
resettlement. During the resettlement interview
processes, UNHCR reconfirms the identity and legal
status of refugees through documentation assessments,
which includes confirming if they are stateless in cases
where their nationality status is uncertain.
32 This includes, inter alia, an express prohibition against non-refoulement under Article 33 of the 1951 Refugee Convention, as well as the principle of
non-penalization for unlawful entry and stay in the course of seeking international protection, under Article 31. See UN General Assembly, Convention
Relating to the Status of Refugees, 28 July 1951, United Nations, Treaty Series, vol. 189, p. 137, at: http://www.refworld.org/docid/3be01b964.html.
33 Article 1A (2) of the 1951 Convention relating to the States of Refugees specifically provides for persons “not having a nationality”. See id.
34 See, UNHCR, International Protection Considerations with regard to people fleeing the Syrian Arab Republic, Update IV, November 2015, at:
http://www.refworld.org/docid/5641ef894.html; UNHCR, UNHCR Eligibility Guidelines for Assessing the International Protection Needs of AsylumSeekers from Iraq, 31 May 2012, HCR/EG/IRQ/12/03, at: http://www.refworld.org/docid/4fc77d522.html; UNHCR, UNHCR Position on Returns to Iraq,
27 October 2014, at: http://www.refworld.org/docid/544e4b3c4.html.
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