CIVIL DOCUMENTATION FOR SYRIAN REFUGEES Obstacles and Challenges

1. CIVIL DOCUMENTATION FOR SYRIAN REFUGEESObstacles and Challenges

2. KEY FIGURES • 656,000 registered refugees in Jordan • As of August 2016, 520,000 refugees registered outside of camps • 363,000 with new MOI cards through UVE process (70%) • 157,000 without new MOI cards (30%) • Additional 17,000 have left camps without bailout

3. Jordanian legal framework • Civil registration processes in Jordan starts with the Civil Status department for all instances that take place in Jordan. • Moreover, Personal status issues are governed in the Sharia Courts and the special religious court in Jordan.

4. Birth Registration • Number of birth certificates issued in Jordan:

5. Birth registration legal framework • It is required from Jordanians and foreigners to provide the Civil Status Department with the following documents: • A- Proof of ID. • B- Proof of Marriage. • C- Birth notification.

6. Legal challenges for birth registration Under the Jordanian Civil Status law, it was stated that the Jurisdiction of Civil Status Department is documenting all birth instances that takes place in Jordan, for Jordanians and foreigners. The laws and regulations in general are structured to address issues faced by Jordanians and Foreigners, with the exclusion of Refugees and any alternative options

7. Marriage registration in Jordan • Marriage registration is mainly structured in the Sharia courts, and the Personal status law regulates the following: • A- Minimum marriage age. • B- Documents required for marriage application. • C- Extraordinary means for issuing marriage certificates. • Fines and processes for re-registering marriages outside the courts.

8. Syrian marriages Vs Jordanian marriages solutions and obstacles • All marriages shall be registered in Courts. • Court rulings in differentiation between unofficial marriages that take place in Jordan and in Syria. • Administrative obstacles for obtaining marriage certificates. • Exemption periods from the fines.

9. Other Civil documentation processes • Death registration. • Court processes for late birth and death registrations. • Syrian birth issues and possible legal alternative. • Connection between civil documentation processes and obtaining the MOI card, issued by the Jordanian government.

10. UVE process • UVE process initiated in early 2015 • To receive a new MOI card, Syrian refugees must provide • Syrian identity document • Asylum Seeker Certificate • Health Certificate • Proof of Address • From 14 July 2014 no MOI card without bailout • From January 2015 no bailout

11. REFUGEE EXPERIENCES 1 • Return of retained documents - 179,287 out of 219,000 documents returned or 82% of total • Proof of address - some refugees face problems obtaining leases from landlords • Health certificates – reduction of fee from JD30 to JD5 removed significant obstacle • Experiences at police station – mostly positive but different appointment systems, capacity constraints, procedural irregularities and requests for additional documents such as old asylum seekers certificates

12. REFUGEE EXPERIENCES 2 • Intractable civil documentation issues • Children born in Syria but without documentation in Jordan must go through Special Committee, but indications that ASC may be accepted • Children born in Jordan; parents must prove their marriage through ‘marriage ratification process’ if married informally • Jordanian births must be registered within 12 months of birth, or parents must attend court and pay a fine of JD1,000 for late registration

13. REFUGEE EXPERIENCES 3 • Adults without Syrian identity cards or passports • Refugees without ASC • Problems with identity documents, such as use of other people’s documents or forged documents

14. CONSEQUENCES OF THE LACK OF DOCUMENTATION • Restricted access to services including health, education and humanitarian assistance • Restricted movement and risk of arrest, detention, return to camps, deportation • Illegal work • Increased risk of statelessness

15. THE GENDER DIMENSION • Early marriage and consequences • How to register the birth of the child in the absence of a marriage certificate? • Negative coping mechanisms • Familial stress caused by lack of documents • False documents and implications

16. RECOMMENDATIONS • Creation of legal pathways to legal status in host communities • Improving the UVE process • Mitigating consequences for those who do not yet have the new MOI card • Increasing access to civil documentation through various measures