UNDERSTANDING STATELESSNESS IN THE SYRIA REFUGEE CONTEXT  2.1 NATIONALITY, STATELESSNESS AND CIVIL DOCUMENTATION IN SYRIA To understand the situation displaced persons from Syria find themselves in regarding their nationality, it is important to understand some of the technicalities of the Syrian nationality law. It is also critical to acknowledge that there were some populations – and individuals – who were stateless prior to the conflict and are now among those displaced by it. Finally, some key elements of documentation and of Syrian nationality are explained. 2.1.1 SYRIAN NATIONALITY LAW Syria’s current nationality law was enacted in 1969, through Legislative Decree 276. It is predominantly based on paternal jus sanguinis26 whereby a person is Syrian, wherever they are born, if they have a Syrian father. Birth within Syria, or to a Syrian mother, does not automatically confer nationality. Although the law provides for the possibility of the mother conferring nationality when a legal link to the father is not established27 – which would theoretically benefit children born to unknown fathers or out of wedlock28 – this clause only applies to children born inside of Syria.29 There are also implementation challenges relating to the social repercussions of registering a child as born out of wedlock. In the present refugee context then, the gender discriminatory nature of Syria’s nationality law is of serious concern, as it may leave children stateless where they have a Syrian mother and, for instance, an unknown or stateless father.30 Syrian nationality law also contains a safeguard against statelessness at birth, whereby a foundling, a child born in Syria to stateless parents, or a child born in Syria who acquires no other nationality should be considered Syrian (Articles 3(C) and 3(D) on Legislative Decree 276). However, the Article 3 safeguards against statelessness at birth are not systematically implemented.31 Moreover, this provision clearly does not apply to the children of refugees from Syria who are born in host countries.32 The other way to acquire a Syrian nationality is through naturalisation. Non-nationals who have resided in the country for over 10 years and fulfil a number of other criteria, such as being able to speak and read Arabic fluently, can apply for naturalisation.33 A non-national woman who marries a Syrian man can also naturalise through that marriage.34 Citizens of other Arab countries benefit from facilitated naturalisation (i.e. a waiver of some of the criteria for naturalisation).35 The legislation allows dual nationality, so a person can be a citizen of both Syria and another country. 26 27 28 29 30 31 32 33 34 35 Where nationality is based on familial connection to another national, not on connection to the territory. Article 3(B), Legislative Decree 276 - Nationality Law [Syrian Arab Republic], 24 November 1969 (Syrian Nationality Law), available at: http://www.refworld.org/docid/4d81e7b12.html, frames the acquisition of nationality from a Syrian mother as automatic in cases where paternal filiation is not established. There is no information on cases where this is implemented in practice. Article 3(B) of the Syrian Nationality Law. For more discussion on this issue see Legal Agenda, Syrian Women’s Right to Pass on Nationality to Children: An Appraisal, 2016, available at: http://legal-agenda. com/en/article.php?id=3116. See further on the link between gender discrimination in nationality laws and statelessness, UNHCR, Background Note on Gender Equality, Nationality Laws and Statelessness 2016, 2016, http://www. refworld.org/docid/56de83ca4.html. See further section 2.2 and chapter 5 of this report. For more information on the impact of this discrimination see, Institute on Statelessness and Inclusion and the Global Campaign for Equal Nationality Rights, Submission to the Human Rights Council at its 26th Session of the Universal Periodic Review of Syria, 2016, available at: http://www.institutesi.org/ SyriaUPR2016.pdf. Article 4 of the Syrian Nationality Law. Article 8(1) of the Syrian Nationality Law. Article 6(C) of the Syrian Nationality Law. RESEARCH REPORT 17