(e) Consider ratifying the Convention relating to the Status of Stateless Persons and
the Convention on the Reduction of Statelessness.20
10. In 2014, the Committee on the Elimination of Discrimination against Women called on
Syria to:
(a) Immediately amend its Nationality Law (Decree No. 276/1969), in particular article
3, in order to ensure that women and men enjoy equal rights to acquire, transfer,
retain and change their nationality, in line with article 9 of the Convention; and ensure
its implementation.21
The Committee also made a further recommendation in relation to stateless Syrian
Kurds. However, this recommendation is viewed as being insufficient, including by the
co-submitting organisations, as it called solely for the implementation of Decree
49/2011, which excludes Syria’s stateless maktumeen Kurds. This shortcoming was duly
noted by the CRC and UNHCR in their submissions before Syria’s 2nd UPR. 22
Syria’s International Obligations
11. Syria has international obligations to protect the right to a nationality and protect the
rights of stateless persons on the basis of UN and regional treaties to which it is a party.
These include the International Covenant on Civil and Political Rights (ICCPR) (see Article
24.3), the International Covenant on Economic, Social and Cultural Rights (ICESCR) (see
Articles 2.2 and 3), the Convention on the Rights of the Child (CRC) (see Articles 2, 3, 7
and 8), the Convention on the Elimination of All Forms of Discrimination (CEDAW) (see
Article 2, 9 and 16), the International Convention on the Elimination of All Forms of
Racial Discrimination (ICERD) (see Article 5(d)(iii)), the Convention on the Rights of
Persons with Disabilities (CRPD) (see Article 18) and the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families (CMW)
(see Article 29).
12. However, Syria has entered a reservation to Article 9(2) of CEDAW “concerning the grant
of a woman’s nationality to her children.” This reservation is contrary to the object and
purpose of the Convention, as per the CEDAW Committee General Recommendation
No.21, which, commenting on Article 9, states that “nationality is critical to full
participation in society”.23 The Committee has further stated:
“Consistent with articles 2, 3 and 24 in particular, the Committee requires that all
20 Committee on the Rights of the Child, ‘Concluding Observations on the Fifth Periodic Report of the Syrian Arab
Republic,’ CRC/C/SYR/CO/5 (6 March 2019), para. 24.
21 Committee on the Elimination of Discrimination against Women, ‘Concluding Observations on the Second
Periodic Report of the Syrian Arab Republic,’ CEDAW/C/SYR/CO/2 (24 July 2014), para. 38.
22 Human Rights Council, ‘Compilation prepared by the Office of the United Nations High Commissioner for
Human Rights for the Syrian Arab Republic,’ A/HRC/WG.6/26/SYR/2 (29 August 2016), para. 65; UNHCR,
‘Submission by the United Nations High Commissioner for Refugees for the Office of the High Commissioner for
Human Rights’ Compilation Report Universal Periodic Review: 2nd cycle, 26th session: Syrian Arab Republic,’
(March 2016), available at:
https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=3231&file=EnglishTranslation.
23 CEDAW, General Recommendation No. 21: Equality in Marriage and Family Relations, para. 6 (1994), available
at: https://www.refworld.org/docid/48abd52c0.html.
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