Colonial Legacies in Syrian Nationality Law Accordingly, European colonial powers linked nationality to residency, without any regard to the lineage, ethnic identity or the place of birth of the individuals concerned. The creation by European colonial powers of the concept of ‘nationstates’ in itself only aimed at reinforcing imperial dominance rather than benefiting local populations. 72 Article 30 of the Treaty of Lausanne was implemented in all former provinces of the Ottoman Empire. In Syria, the French Mandate issued an arrêté 73 that established the following golden rule: any inhabitant in Syrian territory was to be considered Syrian, except if they explicitly renounced their nationality. 74 This was an artificial artefact because residency does not necessarily coincide with identity. Many populations displaced during the Ottoman Empire or after its fall, who sought refuge in Syria, had no ancestral link to the Syrian territory. 75 The creation of artificial borders by colonial powers inevitably resulted in the creation of artificial nationalities. European jurists describe nationality as ‘the effective link’, 76 ‘the genuine connection’ 77 and ‘un attachement réel’ — ‘a real connection’ — between the individual and the State. 78 It raises the question of whether nationality rules in the Middle East — and former colonised countries in general — can be considered ‘real’ or ‘genuine’, since they are the result of arbitrary colonial mapping. B Syrian Citizenship Post-Independence and the Influence of Pan-Arabism After the end of French colonial rule, Syrian citizenship went through three different stages. The first nationality legislation passed by independent Syria was the Law No 98 of 12 May 1951, later replaced by the Law No 21 of February 1951. 79 Citizenship rules were then modified by the Law No 82 of July 1958, after Syria joined the United Arab Republic. It was later abolished by Law No 67 of October 1961 after Syria left the union. Finally, Syrian nationality law went through a last modification in 1969, following the accession in power of the Baa’th party. This legislation still regulates Syrian citizenship to this day. Article 48 of the current Constitution of the Syrian Arab Republic states that nationality is regulated by a legislative act. As such, modifications in nationality rules do not require constitutional amendment. This sub-section critically engages with the evolution of Syrian citizenship post-independence through an anti-colonial lens. As mentioned in the introduction, the Anglo–French Alliance initially promised Arab populations the creation of an independent state in exchange for their 72 73 74 75 76 77 78 79 Albert Memni, The Colonizer and the Colonized (Earthscan Publications 1957). It literally means ‘unilateral administrative act’ but can be translated as ‘decree’ in English. Arrêté No 2825 et No 2825 bis du 30 août 1924 [Decree No 2825 and No 2825 bis of 30 August 1924] (French Administration in Syria), republished in League of Nations, Report by the Representative of New Zealand on the Work of the Twenty-Eighth Session of the Health Committee, LN Doc C.258.1938.III (13 August 1938) 75 <https://biblioarchive.unog.ch/Dateien/CouncilDocs/C-258-1938-III_EN.pdf>. Fildis (n 20) 89. See also Isa Blumi, Ottoman Refugees, 1878–1939: Migration in a PostImperial World (A&C Black 2013). International Law Commission, ‘Draft Articles on Nationality of Natural Persons in Relation to the Succession of States with Commentaries’ (1999) 2(2) Yearbook of the International Law Commission 23, 39 art 19. Nottebohm Case (Liechtenstein v Guatemala) (Second Phase) (Judgment) [1955] ICJ Rep 4, 24. José Francisco Rezek, Le droit international de la nationalité (Recueil des cours 1986) 357. Law No 98 of 12 May 1951 (Syrian Arab Republic) (no longer in force), replaced by Law No 21 of February 1951 (Syrian Arab Republic), cited in Uri Davis, ‘Citizenship Legislation in the Syrian Arab Republic’ (1996) 18(1) Arab Studies Quarterly (1996) 29, 34. 15