Report on Citizenship Law: Syria
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citizens who reside in a non-Arab country for more than 3 years and who do
not respond to requests for a justification of their absence, or provide an
insufficient response, will have the nationality withdrawn.
The first two provisions can be justified under international law as criteria under
which a country can withdraw nationality.37 However, their possible abuse, and the content of
the two remaining provisions, are very worrying in terms of arbitrary deprivation of
nationality. The clauses have been formulated in a vague manner in order to leave room for
discretionary interpretation by the state. Given the nature of Syria’s relationship with its
citizenry, these are of particular concern because the provisions leave scope for them to be
utilised for political reasons. It is not clear through existing research whether the provision of
three years residency abroad has been implemented and/or to what extent. In addition,
nothing in the nationality law takes into account whether a person would be rendered stateless
by the implementation of any of the provisions and therefore creates a risk that someone will
be left without any nationality.
In addition to these provisions found in the nationality law, the president also has
considerable power to deprive Syrians of their nationality. For example, it is documented
how political dissidents who opposed the ruling Baath party in the 1960s and 1970s were
arbitrarily deprived of their nationality by way of a presidential decree. This was done under
the recommendation of the interior minister, and not through the nationality legislation.
Through this decree, it was estimated that 27,000 people have had their nationality arbitrarily
removed, and it is unknown how many were rendered stateless by this action.38 If these
individuals were male and stateless this would also mean that their future children would also
be unable to access Syrian nationality due to the paternal jus sanguinis system described
above, creating more cases of intergenerational statelessness.
It must be noted that there are also some positive components of the legislation.
Firstly, there is no provision in the Syrian nationality law that allows for renunciation of
Syrian nationality. In practice, this means that a Syrian national should not be able to render
him or herself stateless through voluntary renunciation of citizenship. Also, when an
individual has their nationality removed – under any of the provisions – the law states that the
nationality of other family members is not affected – it only affects the targeted individual.
4. Current political debates and reform plans
Unfortunately, the concept of who belongs to the Syrian citizenry has rarely been a topic for
political discussion in Syria. Moreover, given the limited space for political discussion in the
country issues around citizenship (e.g., the deprivation of nationality of the Kurds in the
1960s is not public knowledge) are often not well understood. Therefore, there has been very
little debate – whether in the political or public sphere – with regards to the citizenry of the
country or issues around citizenship management.
However, one issue where there has been discussion about the need for reform or
change has been with regards to the gender discriminatory elements of the law. Work on
women’s rights has been one of the few segments of civil society in Syria that was allowed
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According to the 1961 Stateless Convention on the Reduction of statelessness
Arab Commission for Human Rights, 2004, access at http://hem.bredband.net/dccls2/r1.htm
RSCAS/GLOBALCIT-CR 2021/15 - © 2021 Author(s)
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