Legal Identity and Housing, Land and Property Rights of Syrian Refugees from a Durable Solutions Perspective
Challenges and Opportunities
Section 1
Introduction
Access to legal identity and civil
documentation – such as the documentation
of births, marriages, and deaths – is a
basic human right and a prerequisite to
the realisation and enjoyment of a number
of other civil, political, economic, social
and cultural rights, including health
and education. Moreover, possessing
documentation is critical to reducing
protection risks, ensuring access to incomegenerating opportunities and securing HLP
assets. In the context of displacement,
the rights to legal identity and HLP are
essential to achieving durable solutions and
providing a foundation on which Syrians can
sustainably rebuild their lives.
Proving legal identity can be a major
challenge for many Syrian refugees who,
after years of displacement, have been
unable to obtain, replace, or update civil
documentation. Access to civil documentation
is inextricably linked to HLP rights, which
are contingent on a person’s ability to prove
their identity and family lineage. A lack
of civil documentation can thus severely
limit opportunities, and further compound
the challenges that Syrian refugees face to
exercise their HLP rights.10 Both of these
issues can have significant protection
implications during displacement, and in
the longer term, can make durable solutions
harder to achieve and negatively affect future
recovery efforts.
Given the scale of these challenges in the
Syria context, during 2020, UNHCR and NRC
undertook research focused on key civil
documentation and HLP challenges faced
by Syrian refugees in Jordan, Lebanon and
the Kurdistan Region of Iraq from a durable
solutions perspective.11 The issues of death
registration, civil registration for families with
missing relatives, and the link between a lack
of civil documentation and the enjoyment of
HLP rights were identified as warranting more
in-depth research. The HLP rights of women
and other marginalised groups also formed
a central focus of the research and analysis
presented below. Although not the focus of
the report, Palestine refugees from Syria are
likely to face many of the same challenges
related to civil documentation and HLP rights
as Syrian nationals.
This report starts with an examination of the
relevant legal frameworks and then presents
an overview of the challenges faced by Syrian
refugees related to realising their rights to
legal identity and HLP in displacement. The
report concludes with a series of practical
recommendations addressed to the Syrian
and host governments, humanitarian actors
and donors regarding how to support and
improve access to legal identity and HLP
rights in the context of durable solutions. With
regards to Syria, the study considers the rights
and legal framework promulgated by the
Government of Syria.
10
UNOCHA, 2021, Syria Humanitarian Needs Overview (HNO), p. 57;
World Bank, 2019, The Mobility of Displaced Syrians: An Economic
and Social Analysis, p. 12; UNHCR, 2018, A Longing to Go Home, in
Safety and Dignity – Intentions and Perceptions of Syrian Refugees
in Lebanon About Their Future, p. 17; UNHCR, March 2021, Sixth
Regional Survey on Syrian Refugees’ Perceptions and Intentions on
Return to Syria.
11
Research included in-depth legal analysis, a desk review of existing
literature, lessons learned from NRC and UNHCR’s programming and
quantitative and qualitative research carried out in Jordan, Lebanon,
and KRI. Annex 2 provides an overview of the data collection methods
that were used in the qualitative and quantitative research.
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