Report on Citizenship Law: Syria
fathers the right to obtain nationality after ten years of residency in the country.
Unfortunately, they were unsuccessful again.44
After this the most recent initiative took place before the conflict in 2010, when a
proposal was presented asking again for gender equality in the nationality legislation.
However, not long after this the conflict erupted and therefore there has been no indication of
whether these debates progressed after this application. Outside of Syria the debate about
amending the law has continued. Most recently, in 2017, Syria responded to criticisms from
the Committee on the Rights of the Child regarding the discriminatory Nationality Law by
stating that, “There are no stateless children in the Syrian Arab Republic … Granting
nationality to children of Syrian mothers married to non-Syrians, Article 3 of the Nationality
Act is currently being reviewed and great efforts are being made to ensure that children of
Syrian mothers may obtain nationality. The General Women’s Federation has drafted a bill
for the amendment of that article under which women would pass on their nationality to their
offspring. The bill is currently being examined”. 45 However, apart from this one statement
from the regime there has been no public indication that this has been happening. The
authorities themselves went on to say that “the crisis affecting the Syrian Arab Republic has
delayed discussion on the subject and the enactment of a relevant law”.46
Other than discrimination there has been little debate on issues of progressing the law.
During the conflict there were several debates in Syrian media on Dunia TV – a Syrian proregime channel – where the concept of depriving Syrian opposition figures of their
nationality was openly discussed as a viable option for getting rid of those who were not seen
as loyal. The debates did not develop further from media debates and there was no indication
that these types of ideas were being debated in the political circles. Other than these, there are
currently no pending bills or framework laws that have not been adopted yet, nor has the
present government announced reforms in its government programme. It would be important
to observe the constitutional committee47 of Syria develop in terms of discussing citizenship
issues for a future Syria.
5. Conclusions
It is clear that the current situation in Syria renders it difficult to analyse the real impact of
gaps and flaws in the countries citizenship laws and policies. It also makes it difficult to
assess any potential opportunities taken to address the problem of statelessness and flawed
citizenship policy in the country. Syria is undergoing an extended period of political turmoil
and the nature of future dynamics or potential for further agreements to be established is
impossible to predict. However, despite this, several concluding remarks can be made on the
basis of the analysis presented in this report. In terms of nationality legislation, there are two
prominent issues that are obstructing access to nationality and contributing to statelessness.
The first of these is the gender inequality evident in nationality legislation that, aside from
44
M. Isou. Women in Syrian Law, 2010 Article in Thara E-Magazine No 233, 2010, access at
http://www.tharasy.com/TharaEnglish/modules/news/article.php?storyid=248.
45
Committee on the Rights of the Child, Fifth periodic report submitted by the Syrian Arab Republic, 2017,
available at: https://undocs.org/pdf?symbol=en/CRC/C/SYR/5.
46
Committee on the Rights of the Child, List of issues in relation to the fifth periodic report of the Syrian Arab
Republic – Addendum - Replies of the Syrian Arab Republic to the list of issues, 2018, available at:
https://tbinternet.ohchr.org/_layouts/treatybodyexternal/SessionDetails1.aspx?SessionID=1226&Lang=en.
47
Security Council Briefing on the Situation in Syria, Special Envoy Geir O. Pedersen. UN Department of
Political and Peacebuilding Affairs.
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