Colonial Legacies in Syrian Nationality Law
meaningful practical expression’. 93 This broader understanding of Pan-Arabism
does not assert that all Arab states should unify into one nation, but rather
advocates for cooperation on the basis of this shared ‘Arab identity’. Whilst there
are still ongoing debates about what this common identity rests upon, it emerges
as a strong anti-colonial movement to rectify politics of division enacted during
colonisation.
Following the collapse of the UAR, Syria went through a period of political
instability, with a succession of coups d’états and temporary governments that did
not last more than five years. 94 This ended in 1963, when the Ba’ath party seized
power in a military coup d’état, and has been ruling the country ever since. 95
Ba’athism is a political movement that calls for the unification of all Arab
territories into one single state, and advocates for the end of foreign interference. 96
The Pan-Arabist ideology of the Ba’ath party is strongly reflected in the current
Syrian political and legal framework. According to the Constitution of the Syrian
Arab Republic, 97 the official name of the country is ‘Syrian Arab Republic’,
described as ‘part of the Arab homeland’ and the Syrian people are considered
‘part of the Arab nation’ with an ‘Arab identity’. 98 Likewise, the preamble of the
previous Syrian constitution, before it was amended in 2012, directly refers to the
‘colonial conquests [that] shattered the Arab nation’s unity, occupied its territory,
and plundered its resources’. 99 The historical and political significance of PanArabism is also reflected in the current Syrian citizenship rules. Article 4(1)(f) of
Syrian Nationality Law sets out the conditions for Syrian naturalisation as follows:
(i) a five-year legal residency requirement; (ii) having full legal capacity; (iii)
meeting certain medical conditions; (iv) having ‘good character’; (v) having
legitimate means to earn a living; and (vi) being able to read and write Arabic.100
These naturalisation criteria are quite lax compared to other countries of the
Middle East and North Africa. 101 However, Syrian naturalisation rules draw
distinction between citizens of Arab countries and citizens of non-Arab countries.
Overall, Syrian legislation distinguishes three categories of populations: Syrians,
Arabs and other foreigners. The differences between Arabs and non-Arabs in
naturalisation procedures are listed in Chapter 6 of the Syrian Nationality Law
under the section ‘special provisions for other Arab nationals’. Article 6(3) states
that the Minister of Interior can, at their discretion, waive regular conditions when
the applicant is ‘of Arab origin’ and able to provide ‘a good reason’ for
93
94
Stewart Reiser, ‘Pan-Arabism Revisited’ (1983) 37(2) Middle East Journal 218.
Ma’oz Zeev, ‘The Evolution of Syrian Power, 1948–1984’ in Ma’oz Moshe and Avner Yaniv
(eds), Syria Under Assad (Croom Helm 1986) 68, 72–78.
95 Syrian Nationality Law (n 2).
96 Idriss Jebari, ‘The Rise and Fall of the Arab Left’ in Francesco Cavatorta, Lise Storm, Valeria
Resta (eds), The Routledge Handbook on Political Parties in the Middle East and North Africa
(Routledge 2020) 1.
97 Constitution of the Syrian Arab Republic 1973 (no longer in force), superseded by the
Constitution of the Syrian Arab Republic 2012. The English version has been translated by
the International Labour Organization: ‘Constitution of the Syrian Arab Republic’,
International
Labour
Organization
(Web
Page)
<https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/91436/106031/F931434246/constitution2.pdf>.
98 Constitution of the Syrian Arab Republic 2012 preamble [1], art 1 (emphasis added).
99 Constitution of the Syrian Arab Republic 1973 (no longer in force) preamble [1] (emphasis
added).
100 Syrian Nationality Law (n 2) art 4(1)(f).
101 Albarazi (n 10) 10.
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