Zahra Albarazi
protection contexts across the displaced population. Syria highlights the established nexus
between citizenship and politics, as well as statelessness and displacement.
3. The current citizenship regime
This section will provide an analysis of Syrian nationality legislation. The aim is to identify
provisions that are discriminatory or potentially problematic, that could lead to new cases of
individuals not being able to obtain citizenship, as well as the provisions that could serve to
prevent new or solve existing cases of statelessness. This section will also highlight the main
flaws in the law – particularly gender discrimination – and comment on the discrepancies
between legislation and practice. The current Syrian Arab nationality law is promulgated by
legislative decree No. 276 of 24/11/1969.
3.1 Acquisition of nationality
3.1.1 At birth
In Syria, the primary method of acquisition of nationality is through the principle of paternal
jus sanguinis, where a child obtains Syrian nationality if their father is a national, regardless
of their place of birth. There are some exceptions specified by the law whereby nationality
can be acquired in the absence of a paternal link, such as for foundlings who are found on the
territory and for children who are born to an unknown father and a Syrian national mother.
These are written in Article 3 of the law which stipulates:
The following shall be considered as Syrian Arabs ipso facto:
(a) Anyone born inside or outside the country to a Syrian Arab father.
(b) Anyone born in the country to a Syrian Arab mother and whose
legal family relationship to his father has not been established.
(c) Anyone born in the country to unknown parents or to parents of
unknown nationality or without one. A foundling from the country
shall be considered born in it, at the place in which he was found,
unless proved otherwise.
(d) Anyone born in the country and who was not entitled, at birth, to a
foreign nationality by the right of affiliation.
It is clear that acquisition of nationality at birth in Syria is the primary method of
acquisition of nationality and is almost exclusively done through the principle of paternal jus
sanguinis. Therefore, anyone born to a Syrian father is Syrian, regardless of whether the child
was born inside or outside Syria; and whether the mother was Syrian, foreign or stateless.
The exception to this is stipulated in paragraph (b), where it is stated that original nationality
may be proven based on maternal filiation. However, here the child has to be born inside the
territory of Syria – so it is backed by jus soli principles – and only to children born outside
wedlock. Therefore, a child born to a Syrian mother and non-Syrian father is not considered
Syrian if he/she was born outside Syria or in wedlock. Ultimately, being born to a Syrian
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RSCAS/GLOBALCIT-CR 2021/15 © 2021 Author(s)