Recommendations
27. Based on our collective and continuous research, advocacy and engagement on the issue of
gender discrimination in nationality laws around the world and resultant statelessness and human
rights challenges; and in particular, our ongoing work in relation to Syria; drawing on the content
of this submission, The Institute and Global Campaign suggest the following recommendations to
be made to the Syrian Arab Republic.
28. While the Human Rights Council has stated that “(t)he second and subsequent cycles of the review
should focus on, inter alia, the implementation of the accepted recommendations and the
developments of the human rights situation in the State under review”,25 in light of the fact that
while general recommendations relating to Syria’s implementation of its treaty obligations
including the CEDAW, CRC and ICCPR statelessness were made during the first cycle, and these
recommendations were accepted but not adequately acted on by Syria; and also given that more
specific recommendations to reverse the growing and urgent human rights challenges identified
in the submission are needed, the following recommendations are proposed:
I.
II.
III.
IV.
V.
VI.
Syria’s laws, policies and practices must fully comply with its obligations under Article 9
CEDAW and Syria is urged to remove its reservation to Article 9(2) of the Convention.
Syria must take immediate steps to amend/repeal all discriminatory provisions in the
Syrian Nationality Act of 1969 that prevent women from acquiring, retaining and
transferring citizenship on an equal basis with men. Syria should implement the
recommendation of the Committee on the Rights of the Child and present its new
nationality bill before parliament. The new bill must comply with Syria’s obligations under
the CEDAW and eliminate all forms of gender discrimination in the nationality law.
The effective implementation of the new law must be ensured as well as its retroactive
application so that children already born to Syrian mothers may obtain Syrian nationality.
This includes disseminating information on legal reform both within and beyond Syria and
ensuring that Syrian embassies and consulates are informed of the law and capacitated to
implement procedures relating to retroactive application of the law to allow children
already born to Syrian mothers to acquire nationality.
Syria must fully promote, respect, protect and fulfil its other obligations regarding the
right to nationality under international human rights law. In particular, Syria should ensure
that its nationality laws, policies and practices fully comply with Articles 2, 3, 7 and 8 of
the CRC and Articles 24 and 26 of the ICCPR, as well as with the general principles of
equality and non-discrimination enshrined in international treaties.
Syria should take steps to ensure equal protection of the law to persons who have been
denied nationality and rendered stateless as a result of gender and ethnic discrimination.
This includes ensuring that such persons have equal rights and access in terms of social
welfare, work, joining trade unions and inheritance.
Syria is urged to accede to the 1954 Convention Relating to the Status of Stateless Persons
and the 1961 Convention on the Reduction of Statelessness.
29. The Institute and Global Campaign remain available to provide technical assistance in relation to
any of these recommendations.
25 Human
Rights Council, Resolution 16/21: Review of the work and functioning of the Human Rights Council, UN Doc.
A/HRC/RES/16/21, April 2011, Annex 1, Para 6.