a number of presidential and legislative decrees that would grant Syrian
nationality to non-citizens residing in Syria. The latest was decree No. 49
of 201151, on granting Syrian nationality to non-citizens of al-Hasakah,
which was linked to the exceptional census of 1962. This was carried out
in al-Hasakah governorate and stripped thousands of Kurds of their Syrian citizenship52. Since the law was not executed as intended, the problem
persists, and thousands of stateless individuals who attempted to apply
for citizenship since passing the ministerial ordinance annexed to decree
No. 49 did not obtain Syrian citizenship. Additionally, the issue of unregistered persons (stateless) who were not recorded in the census, had not
been addressed.
Legislative decree No. 276 of 1969
53
Article 3 of Syrian Arab nationality law promulgated by legislative decree
No. 267 of 24/11/1969 stipulates:
The following shall be considered as Syrian Arabs:
(A) Anyone born inside or outside the country to a Syrian Arab father.
(B) Anyone born in the country to a Syrian Arab mother and whose legal
family relationship to his father has not been established.
(C) Anyone born in the country to unknown parents or to parents of unknown nationality or without one. A foundling from the country shall be
considered born in it, at the place in which he was found, unless proved
otherwise.
(D) Anyone born in the country and who was not entitled, at birth, to a
foreign nationality by the right of affiliation.54
51
Legislative Decree No.49 of 2011
52
STJ- “Syrian Citizenship Disappeared”
How the 1962 Census destroyed stateless Kurds’ lives and identities
53
Legislative decree No. 276 of 1969
54
In Syria, mothers can only confer nationality if the child was born in Syria and the father
does not establish filiation in relation to the child. Syria has a safeguard in place to prevent statelessness among children born in the territory but is not clear that this is implemented in practice
HUMANS WITHOUT RIGHTS
We can determine the position taken by the Syrian legislation on women’s
nationality by outlining the criteria for granting Syrian citizenship as stated
in the legislative decree. The law adopts the jus sanguinis principle, which
is enforced unconditionally when the father is a Syrian nationality holder;
whereas the principle is conditional to many factors when it comes to Syrian mothers, such as birth outside of wedlock, jus soli and other complexities that do not always apply to Syrian women’s contexts.
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