Statelessness remains an issue in Syria, mostly affecting the Syrian Kurd population residing in the north-east. Since the census in 1962, Kurds have been deprived of a nationality and thus state protection, as well as freedom of movement, access to humanitarian aid, basic services and livelihoods. In 2011, the President issued Decree No. 49 whereby Kurdish "foreigners" (Ajanib) registered in the civil records of the governorate of Hassakeh were supposed to be granted Syrian nationality. This decision constituted a breakthrough as it offered a solution to a long-standing issue dating back to the 1962 census which affected approximately 160,000 persons. According to official sources, as of end of 2016, about 115,450 Ajanib benefited from the decree. However, it should be underlined that Decree No. 49 does not commit the Syrian authorities to review the situation of the other category of stateless Kurds (Maktoumeen), who are estimated to number around 10,000-15,000 persons. As the Syrian Nationality Law limits the right of women to confer their nationality to their children to very specific circumstances provided the child is born in Syria, statelessness is also a risk faced by children of Syrian women and foreign fathers (or unknown fathers) whose nationality is not transferred. Further risks of statelessness result from on-going difficulties in registering new civil status events, such as births, deaths, marriages and divorces, due to the reduced processing capacity of the Ministry of the Interior’s Directorate of Civil Affairs and its civil registry offices around the country, many of which were destroyed or rendered dysfunctional in the course of the conflict, as well as the inhibitive fees and fines imposed pursuant to the February 2017 amendments of the Civil Affairs Law. Despite the prevailing operational limitations, UNHCR will continue to advocate for a solution for these groups. UNHCR will also continue advocacy to amend discriminatory and unfavourable laws and policies in the country and advocate for the simplification of administrative procedures. Advocacy will be carried out through training activities with the line ministries/authorities (four workshops as part of the comprehensive response, with two workshops prioritized), in addition to the provision of technical and material support to enhance the capacity of the Civil Affairs Directorate to register civil events and issue civil documentation to Syrian citizens in the governorates under government control. Awareness amongst the Syrian population will continue to be raised on the importance of civil documentation (and the related registration of civil status events) through sessions and based on a UNHCR booklet explaining the applicable procedures and requirements to obtain essential civil documentation in Syria. Additionally, individual counselling and (where necessary and feasible) legal activities with regard to civil documentation issued through UNHCR’s NGO partners working under the legal aid project will continue to complement the Office’s response. Furthermore, UNHCR will continue identifying shortcomings in the national legislation measured against international standards and the Government’s legal obligations under the CRC, CEDAW and the two 1966 International Covenants, with a view to exploring solutions in a dialogue with line authorities.
