Colonial Legacies in Syrian Nationality Law
outbreak of the civil war in 2011. 1 Although political instability coupled with mass
displacement of populations has dramatically increased the risk of statelessness in
the country, Syrian legislation was already criticised for being discriminatory and
for failing to prevent statelessness before the conflict began. Indeed, the Syrian
Legislative Decree 276 (‘Syrian Nationality Law’) is based on the principle of
paternal jus sanguinis, which means that only men can pass on their citizenship to
their children. 2 In the current context of the civil war, many fathers have died,
disappeared or simply abandoned their children — to the point that around a
quarter of Syrian refugee households are now solely led by women. 3 Gender-based
discrimination in Syrian nationality law has significantly increased the risk of
statelessness, especially among the 1 million Syrian children born in exile. 4 The
civil war has furthermore exacerbated the situation of Kurds and Palestinian
refugees in Syria, who are legally excluded from Syrian citizenship and
naturalisation rules, and have been living in statelessness for decades. 5 This
situation is incompatible with many international human rights law treaties ratified
by Syria, which protect the right to a nationality. 6 The question of citizenship is
indeed a major issue, especially for Syrians born and/or living in exile. In 2015,
Syrian authorities removed major restrictions on the process of applying for and
renewing Syrian passports from embassies. 7 Following this decision, a record
number of Syrian passport applications have been registered in embassies, which
illustrates how fundamental it is for refugees to secure a passport. 8 Ten years after
the outbreak of the war, this paper looks back at Syrian legislation on nationality,
and the resulting risks of statelessness.
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Elizabeth Ferris, and Kemal Kirisci, The Consequences of Chaos: Syria's Humanitarian
Crisis and the Failure to Protect (Brookings Institution Press 2016) 1.
Legislative Decree 276 ‘Nationality Law’ (1969) art 3 (Syrian Arab Republic)
<https://www.refworld.org/pdfid/4d81e7b12.pdf> (‘Syrian Nationality Law’).
Woman Alone: The Fight for Survival by Syria’s Refugee Women (Report, UNHCR 2 July
2014) <https://www.refworld.org/docid/53be84aa4.html> (‘Woman Alone’).
‘Syria Refugee Crisis Explained’ (n 1); Charlie Dunmore, ‘Born in Exile, Syrian Children
Face Threat of Statelessness’, UNHCR (Web Page, 4 November 2014)
<https://www.unhcr.org/uk/news/latest/2014/11/54589fb16/born-exile-syrian-children-facethreat-statelessness.html>.
Thomas McGee, From Syria to Europe: Experiences of Stateless Kurds and Palestinian
Refugees from Syria Seeking Protection in Europe (Report, Institute of Statelessness and
Inclusion 2019).
See, eg, Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, 3rd sess,
183rd plen mtg, UN Doc A/810 (10 December 1948) art 15 (‘UDHR’); International
Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS
171 (entered into force 23 March 1976) art 24(3) (‘ICCPR’).
Previously, Syrians who had left the country ‘illegally’ had to go through an ‘intelligence
service review’ in order to obtain a Syrian passport. Relevant Country of Origin Information
to Assist with the Application of UNHCR's Country Guidance on Syria: ‘Illegal Exit’ from
Syria and Related Issues for Determining the International Protection Needs of AsylumSeekers from Syria (Report, UNHCR February 2017).
‘Syria Government Profits from Hike in Passport Demand’, Middle East Eye (online, 26
October 2015) <http://bit.ly/2k39x7C>; 800.000 Neue Pässe ‘Ausgegeben: Syriens Regime
Verdient Gut an Flüchtlingen’, Der Tagesspiegel (online, 5 November 2015)
<http://bit.ly/2aFbeot>.
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