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International Protection Considerations with Regard to People Fleeing the Syrian Arab Republic

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International Protection Considerations with Regard to People Fleeing the Syrian Arab Republic International Protection Considerations with Regard to People Fleeing the Syrian Arab Republic – Update VI HCR/PC/ March 2021 HCR/PC/SYR/2021/06 INTERNATIONAL PROTECTION CONSIDERATIONS WITH REGARD TO PEOPLE FLEEING THE SYRIAN ARAB REPUBLIC Table of Contents I. Executive Summary .......................................................................................... 8 A. Refugee Protection under the 1951 Convention Criteria and Main Categories of Claims ..... 8 B. Internal Flight or Relocation Alternative (IFA/IRA) ................................................................ 10 C. Exclusion Considerations ..................................................................................................... 11 D. Moratorium on Forced Returns ............................................................................................. 12 II. Main Developments in Syria since 2018 ......................................................... 13 A. Main Security and Political Developments ........................................................................... 13 1) Main Security Developments since 2018 .......................................................................... 13 a) Expansion of Government Control ..................................................................................... 14 b) Conflict in the North-West: Escalation and Ceasefire ......................................................... 16 c) Operation “Peace Spring” in Northern Syria ....................................................................... 17 d) ISIS: Loss of Territorial Control .......................................................................................... 18 2) Main Political Developments ............................................................................................. 19 B. Security Situation by Area .................................................................................................... 20 1) Security in Government-Controlled Areas, Including Retaken Areas ............................... 20 a) Security in Areas under the Continuous Control of the Government .................................. 20 b) Security in Retaken Areas .................................................................................................. 23 2) Security in Areas under de facto Control of the SDF ........................................................ 28 3) Security in Areas under de facto Control of HTS and Anti-Government Armed Groups .. 32 4) Security in Areas under de facto Control of the Syrian National Army .............................. 35 a) Security in “Operation Euphrates Shield” and “Operation Olive Branch” Areas ................. 35 b) Security in “Operation Peace Spring” Areas ...................................................................... 38 C. Civilian Casualties ................................................................................................................ 41 D. Forced Displacement and Returns ....................................................................................... 43 1) Forced Displacement and Access to Safety ...................................................................... 43 2) Refugee and IDP Returns.................................................................................................. 44 a) Refugee Returns ................................................................................................................ 44 b) IDP Returns ....................................................................................................................... 46 3) Refugee Return Intentions and Return Obstacles ............................................................. 46 E. Violations and Abuses of Human Rights Law and Violations of International Humanitarian Law ....................................................................................................................................... 52 1) Government Forces ........................................................................................................... 53 2) Syrian Democratic Forces (SDF) / People’s Protection Units (YPG), Democratic Union Party (PYD) and Institutions of the Autonomous Administration ............................................... 61 3) HTS and Anti-Government Armed Groups in Idlib and Adjacent Areas ............................ 67 4) Armed Groups Affiliated with the Syrian National Army .................................................... 70 a) “Operation Euphrates Shield” and “Operation Olive Branch” Areas ................................... 70 b) “Operation Peace Spring” Areas ........................................................................................ 72 5) Islamic State of Iraq and Al-Sham (ISIS) ........................................................................... 74 6) Family, Tribe, Community .................................................................................................. 74 F. Humanitarian Situation ......................................................................................................... 75 2 UNHCR / March 2021 INTERNATIONAL PROTECTION CONSIDERATIONS WITH REGARD TO PEOPLE FLEEING THE SYRIAN ARAB REPUBLIC 1) Humanitarian Needs .......................................................................................................... 75 2) Humanitarian Needs of Particularly Vulnerable Groups .................................................... 83 a) IDPs and Returnees ........................................................................................................... 83 b) Persons Without Personal Documentation ......................................................................... 86 c) Women and Girls ............................................................................................................... 87 d) Children .............................................................................................................................. 88 e) Persons with Injuries and Disabilities ................................................................................. 89 f) Palestinian Refugees ............................................................................................................. 90 3) Humanitarian Access ......................................................................................................... 92 III. Assessment of International Protection Needs of Asylum-Seekers from Syria94 A. Refugee Protection under the 1951 Convention Criteria and Main Categories of Claims ... 94 1) Persons Opposing, or Perceived to Be Opposing, the Government ................................. 95 a) Treatment of Persons Opposing, or Perceived to Be Opposing, the Government ............. 95 b) Treatment of Family Members ......................................................................................... 101 c) Particular Concerns for Persons Opposing, or Perceived to Be Opposing, the Government in Areas Outside of Government Control ............................................................................. 103 d) Particular Concerns for Persons Opposing, or Perceived to Be Opposing, the Government in Retaken Areas ................................................................................................................. 104 e) Particular Concerns for Persons Opposing, or Perceived to Be Opposing, the Government Who Are Returning from Abroad ...................................................................................... 112 2) Draft Evaders and Deserters from the Syrian Armed Forces .......................................... 116 a) Draft evaders.................................................................................................................... 116 b) Exemptions and Deferrals from Military Service............................................................... 124 c) Deserters ......................................................................................................................... 126 d) Time-Limited Amnesty Decrees for Draft Evaders and Deserters .................................... 129 3) Persons Supporting, or Perceived to Be Supporting, the Government ........................... 131 4) Persons Opposing, or Perceived to Be Opposing, the Syrian Democratic Forces (SDF) / People’s Protection Units (YPG), the Democratic Union Party (PYD) and Institutions of the Autonomous Administration ........................................................................................... 134 5) Persons Opposing, or Perceived to Be Opposing, HTS and other Anti-Government Armed Groups in Areas under Their de facto Control in Idlib and Adjacent Areas ................... 138 6) Persons Opposing, or Perceived to Be Opposing Armed Groups Affiliated with the Syrian National Army in Areas under Their de facto Control .................................................... 141 a) “Operation Euphrates Shield” and “Operation Olive Branch” Areas ................................. 141 b) “Operation Peace Spring” Areas ...................................................................................... 143 7) Persons Opposing, or Perceived to Be Opposing, ISIS in Areas with Continued ISIS Presence or Influence .................................................................................................... 146 8) Members of Religious and Ethnic Minority Groups and Persons Contravening Strict Islamic Rules .............................................................................................................................. 147 a)
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