Statelessness Working Paper Series No. 2016/05
2010 to 2013, three nationality-law proposals were submitted to the Lebanese parliament which did
not even acknowledge receiving them in the first place.34 This ignorance may be partly attributed to
the common fear that Palestinian refugees marrying Lebanese women may be one day nationalized as
Lebanese citizens, thereby, increasing considerably the number of Sunni Muslims within the country
which could generate tension within the society of tangible Sunni-Shi’i balance. This balance is now
challenged again by the Syrian refugee crisis and the hence growing numbers of refugees of Sunni
Muslims.35 However, this fear may not be a hindering factor in removing gender-based discrimination
from nationality laws. Costly, complex and timely civil registration procedures prevalent in Lebanon
further obstruct childrens’ access to nationality.36
Turkish citizenship law is based primarily on the principle of jus sanguinis as well. There are limited
provisions for the acquisition of Turkish citizenship based on the principle of jus soli as well,37 in line
with the principle to avoid statelessness.38 As a result, children born in Turkey, who do not acquire any
other citizenship through their parents by birth, shall acquire Turkish citizenship, if the child is born
from stateless mother and father or he/she cannot follow the citizenship of his/her parents under the
law of the state which the parents belong. By registering in Turkey, Syrian refugees are recorded as
guests. Nonetheless, deficient refugee registration practices applied by the Turkish government bodies
are unable to provide newborns with adequate proof of parental lineage that could effectively support
their post-war acquisition of Syrian citizenship. As an interesting development, it is now possible to
appy for an international birth certificate in Turkey, by submitting a newborn’s birth report to the local
population department during a difficult, lengthy and costly procedure which makes it even more
difficult and frustrating for Syrian parents to document the birth of a child and legally link the child to
a Syrian father.39
In this context, the aforementioned Convention on the Elimination of all forms of Discrimination
Against Women (CEDAW) has paramount significance in the fight against (childhood) statelessness40
arising from gender-biased nationality laws. The Convention addresses some of the underlying root
causes of statelessness by advocating for equal nationality rights in Article 9(1),41 providing for the
conferral of nationality on equal terms with men in Article 9(2),42 as well as dealing with marriage and
family relations in Article 16(1).43 Even though Jordan ratified CEDAW as early as in 1992, it maintains
certain reservations, relating to Article 9(2) and Article 16 (1) (d) and (g). Similarly, Lebanon having
acceded to the Convention in 1997 maintains reservations also with regard to Article 9(2), and Article
16(1) (d) and (g). Upon accession Turkey made certain reservations relating to articles on family
relations (not in line with the provisions of the Turkish Civil Code).44 Yet, it made a statelessness-related
34
M Saidi: Lebanon’s sexist citizenship law hurts mothers and babies, Al Jazeera, May 2015, available at:
http://america.aljazeera.com/opinions/2015/5/lebanons-sexist-citizenship-law-hurts-mothers-and-babies.html.
35 The vast majority of both Syrian and earlier arrived Palestinia refugees are Sunni Muslims.
36 For instance, in Lebanon proof of legal entry and stay within the country is prerequisite to register a baby which does not
correlate with today’s reality in an era of mass displacement.
37 This principle of nationality law refers to the 'right of the soil' constituting the right of any individual born in the territory
of a state to nationality.
38 As set out in Article 8 of Turkish Citizenship Law.
39 Sarnata Reynolds and Tori Duoos, Refugees International: A Generation of Syrians Born in Exile Risk a Future of
Statelessness, ENS blog entry, 15 July 2015, available at: http://www.statelessness.eu/blog/generation-syrians-born-exilerisk-future-statelessness.
40 See also: http://www.institutesi.org/ourwork/genderequality.php.
41 Article 9(1) CEDAW: „States Parties shall grant women equal rights with men to acquire, change or retain their nationality.
They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage
shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.”
42 Article 9(2) CEDAW:„States Parties shall grant women equal rights with men with respect to the nationality of their
children.”
43 Article 16(1) CEDAW: „States Parties shall take all appropriate measures to eliminate discrimination against women in all
matters relating to marriage and family relations (…).”
44 In particular, Article 15 (2) and (4), Article 16 (1) (c), (d), (f) and (g), Article 29 (1), Article 29 (2).
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