Syrian Citizenship Disappeared
types of nationalities. First, it provided that “any
person of Turkish origin and living in Syria on the
31 August 1924 is from now on considered to be
Syrian and loses their Turkish citizenship”. Second, the arrêté provided that people of Turkish
nationality, of Syrian origins and living abroad
on the 31 August 1924 could request the Syrian
citizenship. This provision aimed at including immigrants who had left Syria in the building of the
new country. Thirdly, the arrêté provided that
once the husband obtained the French nationality, his wife and children automatically became
Syrians alongside him.
In January 1925, the French High Commissioner concluded his work on Syrian nationality, addressing in his arrêté 16/S the conditions of
acquisition and loss of Syrian nationality, mainly
based on jus sanguini, as article 1, establishing
Syrian nationality for children from a Syrian father born in Syria or abroad, demonstrates.13
Under the mandate of a foreign power, a
broad range of religiously and ethnically diverse
communities, including Druzes, Kurds, Arabs, Circassians, Armenians, Assyrians, Alawites, Ismailis, and Turkmen, thus became Syrians. To date,
however, they failed to create a Syrian nation.
The first adopted Citizenship Act No. 98,
prepared by Syrian Jurists, was issued on 21 May
1951. It was followed by a further Act by Decree No. 21 of 24 February 1953, subsequently
amended by Act No. 492 of 16 February 1957.
The Syrian nationality was traditionally ruled by
Arabic traditions, that it used to be granted by
decent, taking into account the position of women in Islamic jurisprudence and some rules of the
French legislature.
The outcome of the first interaction between two Arab Acts on nationality was the Act
No. 82 promulgated on 22 July 1958, on the year
of the establishment of the unity between Egypt
and Syria, and was then prepared by Egyptian
and Syrian jurists. 14
13 Joseph M. Haddad, The Syrian Nationality (Beirut:
American University of Beirut, 1942); Shadi Jame, Le
régime de la nationalité en droit syrien et en droit français:
étude de droit comparé entre domination coloniale et droit
international contemporain (Nantes: Université de Nantes,
2011)
14 Ibid.
After the collapse of the United Arab Republic in 1961, the so-called “Separatist Movement” issued The Nationality Law by Legislative
Decree No. 67, on 31 November 1961. Upon
the Ba’th-Party taking on power, the Legislative
Decree No. 276, providing for the nationality
Law15 was promulgated on 24 November 1969
and is still in force today with some subsequent
amendments.16
According to Radwan Sido, lawyer, it is
important, when talking about the special census and its consequences, to define “nationality”
as a term and to clarify the difference between
the ajanib and maktumeen. One of the definition
of nationality states that it is the political and
legal link between the individual and his state.
By obtaining nationality, the individual thus becomes one of the state’s constituent, Such link,
obviously, does not exist between the stateless
and the state. Ajanib al-Hasakah (al-Hasakah foreigners) were issued “red cards” with “his/her
name wasn’t listed among Syrian Arabs according to the 1962 census” written on them. The
“red card” prevents its holder from exercising
their rights, for example it prevents their to travel abroad or to return to the country. As for the
“maktumeen”, they were not registered in any
official records, meaning that granting them basic documents such as identification certificates
or residence permits requires the approval of
the Political Security Directorate.17
15 For more info see: “Decree No. 276 of 1969 on Syrian
Arab Nationality”, website of the Syrian Parliament (last
visit: 10 August 2018). http://parliament.gov.sy/laws/Decree/1969/civil_01.htm
16 Haytham Manna, Stateless People in Syria (non-Palestinian refugees), Arab Commission for Human Rights,
third edition 2014. (last visit: 10 August 2018). http://
hem.bredband.net/dccls2/r1.htm#_%D8%A7%D9%84%D
8%AC%D9%86%D8%B3%D9%8A%D8%A9_%D9%81%D9%
8A_%D8%A7%D9%84%D9%82%D9%88%D8%A7%D9%86
%D9%8A%D9%86 .
17 Radwan Sido is a lawyer, born in 1973, from Qamishli/Qamisho city, he began practicing law since 2000,
serves as a human rights and political activist. Meetings
were conducted via Internet on 5 August 2018.
9