2021
Statelessness & Citizenship Review
3(1)
naturalisation. 102 At first glance, this provision raises serious concerns vis-à-vis
the prohibition of discrimination in international law. Syria is a mosaic of diverse
religions and ethnicities, including Alawites, Armenians, Assyrians, Chechens,
Druze, Ismailis, Kurds and others. 103 Syria has historically been a country of
refuge for people fleeing neighbouring countries, regardless of their ethnicities or
country of origin. 104 Pan-Arabism is a political movement that goes beyond
identity-based claims, and is framed around ideas of fraternity, shared heritage and
common values. 105
Therefore, specific provisions in Syrian nationality law that favour ‘citizens of
Arab origin’ need to be understood and analysed through an anti-colonial lens.
Whilst certain provisions of Syrian legislation on nationality might appear as a
form of ethnic discrimination at first, it actually stems from an anti-colonial
movement that stroke for self-determination and ideals of equality. One must keep
in mind that current nationality rules and borders in the Middle East are based on
bogus colonial imaginaries, designed by former imperial powers, that do not
reflect the identities of native populations. In that context, Pan-Arabism was
initially conceived of as a resistance movement against colonial powers, revolving
around the ideal of unity, not ethnic-based discrimination. It was a post-colonial
effort to restore the existence of a democratic and independent Arab state
aforementioned, which briefly existed under the rule of King Faisal in 1921. In
fact, the declaration of independence issued by the Syrian Congress proclaimed a
bill of rights, which included freedom of religion, freedom of press and equal
citizenship for all residents of Syria. 106 Thereafter, Pan-Arabism precisely aimed
at restoring the sovereignty of Syrians, which was brutally crushed by European
colonial powers. Equally, citizenship rules framed around Pan-Arabism aimed at
unifying the citizens of Arabic-speaking countries who had suffered colonial
decisions — regardless of their ethnicities or religious affiliation. As Fanon
highlights, an important aspect of the anticolonial struggle is the unification of the
natives under a common identity. 107 Similarly to Pan-Arabism, Pan-Africanism is
an anti-colonial movement that advocates for the reunification of all African
territories. 108 There were no borders in Africa before European colonial powers
colonised the continent and divided it among themselves in the Berlin
Conference. 109 Pan-Africanism is an ideal that aimed at rectifying the devasting
politics of division and separation enacted during colonial rule. Whilst this
movement has never led to the creation of a unified African State, it encouraged
and strengthened cooperation among sovereign nations. Overall, an anti-colonial
analysis of Syrian citizenship reveals that certain forms of discrimination in Syrian
naturalisation rules are the result of anti-colonial movements and resistance.
102 Syrian Nationality Law (n 2) art 6(3).
103 Joshua Castellino and Kathleen A Cavanaugh, Minority Rights in the Middle East (Oxford
University Press 2013) 261.
Albarazi (n 10) 10.
Thompson, Colonial Citizens (n 10) 21.
Thompson, How the West Stole Democracy (n 16) 243.
Frantz Fanon, The Wretched of the Earth (Penguin 2001) 100–1.
Mark Malisa and Phillippa Nhengeze, ‘Pan-Africanism: A Quest for Liberation and the
Pursuit of a United Africa’ (2018) 2(3) Genealogy 28.
109 Berlin Conference, 15 November 1884 – 26 February 1885. See Ieuan Griffiths, ‘The
Scramble for Africa: Inherited Political Boundaries’ (1986) 152(2) Geographical Journal
204.
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