Legal identity in limbo: humanitarian challenges and responses to civil documentation issued by de facto authorities in Northwest Syria

Abstract

ABSTRACT Since the conflict began in 2011, access to civil documentation in Syria has been severely curtailed due to the loss, destruction, and confiscation of documents along with the limited or discontinued function of civil registries, particularly in non-government-controlled areas. The rise of de facto authorities and the issuance of their own civil documentation has posed additional challenges, contributing to a pluralistic legal system. The frequency of changes in territorial control in Northwest Syria has meant that an unknown number of actors have issued various forms of documentation – often as a means of asserting their legitimacy and control – leaving Syrians with a myriad of documents with varying levels of acceptance. This humanitarian and policy-orientated piece examines the state of legal identity under the Syrian Salvation Government and Syrian Interim Government in Northwest Syria. Humanitarian organizations face growing challenges in implementing ‘Do No Harm’ responses where the right to civil documentation could be co-opted for political or other objectives. Additionally, the short, medium, and long-term consequences of possessing or obtaining de facto documentation are impossible to predict when the future for Northwest Syria remains unknown. Against this backdrop, this piece highlights the importance of examining this issue from the perspectives of affected civil populations and identifying how humanitarian actors can best provide assistance and guidance in a principled and protection-focused approach.