Colonial Legacies in Syrian Nationality Law
CONCLUSION
Western academic literature has traditionally identified contemporary causes of
statelessness as principally stemming from discriminatory state policies and has
largely ignored the legacies and heritage of colonialism in post-coloniality. This
paper aimed to fill this research gap by demonstrating how, in the Syrian context,
colonial legacies have played a decisive role in creating discrimination in
nationality laws, which has resulted in mass statelessness. By relying on a TWAIL
methodology that focuses on the historical formation of the law, this analysis has
sought to uncover the hidden colonial legacies at the root causes of discrimination
in Syrian citizenship and resulting cases of statelessness.
Firstly, this article has demonstrated how European colonial policies in the
Middle East have created a mismatch between identity and nationality. The
creation of artificial borders in the Sykes–Picot Agreements, motivated by the
desire to divide colonised populations, is one of the roots of statelessness in
modern Syria. This paper has, secondly, demonstrated how the dislocation of the
Ottoman Empire by European colonial powers and the creation of artificial states
has impacted upon the formation of new state citizenries and the emergence of
stateless populations, including the Kurds and the Palestinians. Both communities
were denied the right to self-sovereignty by colonial powers, on the basis of
racialist hierarchies.
Thirdly, the transposition of gender-based discrimination by French colonial
power during the occupation has created patriarchal citizenship rules that have
increased the risk of statelessness. Gender inequality in Syrian citizenship is not
the result of a backward culture or religion, but results from French colonial rule.
In fact, this historical analysis has revealed that Syrian women enjoyed more rights
regarding citizenship before French colonial rule. A similar provision, stripping
women of their right to pass on their citizenship to their children, was introduced
by British colonisers in other territories. Fourthly and finally, this paper ended by
critically reflecting upon the arbitrary processes of naturalisation and
denationalisation, largely inspired by Western practices. Overall, this analysis has
challenged the idea that discriminatory practices in Syrian citizenship are the result
of ‘lawlessness’ or an ‘uncivilised’ culture. It, rather, bears the legacy of the
devasting impacts of European colonialism.
The present analysis has demonstrated that, far from bringing ‘civilisation’ or
‘modernity’, colonialism has brought nothing more than division, discrimination
and stripped populations off their right to self-determination. Notably, genderbased discriminatory provisions in Syrian nationality law were introduced by the
French colonial administration, stripping Syrian women of a right they previously
enjoyed under Ottoman rule. As a result, current patriarchal laws cannot be
attributed to the supposedly ‘backwardness’ and sexism inherent to Arab culture.
Likewise, nationality provisions that favour Arab citizens were shaped by anticolonial struggles and cannot be read as a simple translation of ethnic-based
discrimination. Overall, colonial legacies remain at the heart of current
discrimination in Syrian nationality rules. Whilst it does not justify that the Syrian
legislator is still maintaining such discrimination, it does offer a colonial
explanation.
Beyond the Syrian case, this paper revealed the central role played by
colonialism in creating statelessness and discrimination in citizenship.
Mainstream narratives presuppose that statelessness is the result of current
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