Zahra Albarazi
To add to this, the conflict in Syria since 2011 has negatively impacted the country’s
fragile citizenship regime. Firstly, it has transformed the situation of individuals already
experiencing protracted statelessness such as Kurds and Palestinians. Most problematic is that
many of the internally displaced persons and refugees have had – for a whole host of reasons
– difficulty in accessing or keeping their nationality.
This report hopes to explore how the citizenship regime was established, to highlight
some of the main flaws in the legislation, and to present some of the main populations that
are affected by these flaws.
2. Historical background
The establishment of modern Turkey and the partition of the former Ottoman Empire, under
the Treaty of Lausanne and other post-World War I treaties, was the start of the application of
nationality laws across the Middle East3. At this time, the formally labelled “Ottoman
subjects” began to acquire the nationalities of the newly formed political states. Therefore,
the Ottoman subjects – residing in what was known as the Federation of the Autonomous
States of Syria – were subject to the first Syrian nationality law of 30/08/1924. This took
place after the French High Commissioner created a note concerning the establishment of
nationality.4 After this came the declaration of independence from France in 1946 and
thereafter Act No. 98 of 21/05/1951. Although this was developed by Syrian lawyers, it was
heavily based on the French nationality code. Notably, during that period, the French code
relied solely on patrilineal filiation.
Over the next decade, there would be several amendments and changes to the
nationality law, which reflected the tumultuous political situation of the country. There were
several coups that took place during this time,5 and often changes would be made to the
nationality law by a new ruling party to reflect their unique politics. This would start off with
the nationality law promulgated by Legislative Decree No. 21 of 24/02/1953, amended by
Act No. 492 of 16/02/1957. Then, in 1958, a group of Syrian and Egyptian lawyers prepared
Act No. 82 of 23/06/1958 which was adopted under the United Arab Republic (a merger
between the two countries), signed by Gamal Abdul Nasser himself.6 Here, unlike many other
countries in the region, the French Mandate legislation on nationality was repealed. This
republic – that joined Syria and Egypt – was one of the most significant attempts at
materializing the pan-Arab ideology7. In this law, Article (2) stipulates:
The following shall be considered nationals of the United Arab Republic:
(A) Anyone born to a father holding the nationality of the United Arab Republic.
(B) Anyone born in the United Arab Republic to a mother holding the nationality
of the republic and a father of unknown nationality or without one.
3
Ministry of Defense - Syria- French mandate over Syria, 1923 Treaty.
French High Commissioner issued resolution 2825-bis (i.e. 2825[2]).
5
Carleton, Alford. “The Syrian Coups D'État.” Middle East Journal, vol. 4, no. 1, 1950, pp. 1–11, access at:
www.jstor.org/stable/4322135.
6
For more information on the United Arab Republic see T. R. L. “The Meaning of the United Arab Republic.” The
World Today, vol. 14, no. 3, 1958, pp. 93–101, access at: www.jstor.org/stable/40393828.
7
A political movement and belief system that promotes the idea that all Arabs should unite to form one country
or state.
4
2
RSCAS/GLOBALCIT-CR 2021/15 © 2021 Author(s)