Colonial Legacies in Syrian Nationality Law
matter the length of time they might have spent abroad. 174 They can also access
social benefits provided by the Syrian government on a par with citizens. 175
According to Reeds, ‘Palestinian refugees in Syria enjoy equality with Syrian
citizens in most aspects of their lives and have achieved a significant degree of
integration’. 176 Nonetheless, Palestinians remain still excluded from political
rights — such as voting or standing for in parliamentary elections — despite being
required to perform the military service. 177 This constitutes a legal anomaly, since
military service normally goes hand-in-hand with citizenship. The Constitution of
the Syrian Arab Republic itself refers to military service as a duty of all male
citizens. 178
Palestinians who have been living in Syria for seven decades and are treated on
an equal basis with nationals remain excluded from the naturalisation process
because of the 1965 Protocol for the Treatment of Palestinians in Arab States, also
known as the ‘Casablanca Protocol’. 179 The Protocol, adopted by the LAS,
regulates the rights and obligations of Palestinian refugees living in Arabicspeaking countries. 180 According to this instrument, host Arab states are bound to
treat Palestinians on an equal basis with non-nationals and ensure their legal status
is fully secured. 181 That includes equal economic rights, 182 the right to leave and
return to the state they are residing in 183 and equal rights with citizens regarding
visas and residency. 184 State-parties are also required to issue refugee travel
documents to allow Palestinians to move across borders whilst maintaining their
refugee status. 185 Overall, this treaty is based on a rights-based approach that
ensures Palestinians are treated on an equal basis with citizens. However, one
major controversial feature of the treaty is the opposition to naturalisation: [3] of
the Protocol’s preamble states that Palestinians shall not be granted the nationality
of the host state in order to preserve their ‘national identity’. 186 This provision was
introduced on the ground that naturalisation would undermine the Palestinians’
right of return to their ancestral lands, a right enhanced in UN resolutions. 187
Yet, this view does not find any support in international law nor history.
Naturalisation of refugees in the host state has never been incompatible with the
right of return. Still, the LAS decided to enact this provision in 1965, in the hope
that Palestinians would, one day, be able to return. The current political context
shows little probability for the realisation of this right. Palestinian refugees remain,
174 Law No 1311 of 1963, art 8 (Syrian Arab Republic), cited in Asem Khalil, ‘Palestinian
175
176
177
178
179
180
181
182
183
184
185
186
187
Nationality and Citizenship: Current Challenges and Future Perspectives’ (Report No 2007/7,
European University Institute Robert Schuman Centre for Advanced Studies 2007).
ibid art 1.
Reeds (n 173) 374.
ibid.
Constitution of the Syrian Arab Republic 2012, 46.
League of Arab States, Protocol for the Treatment of Palestinians in Arab States (Casablanca
Protocol), opened for signature 11 September 1965 (‘Casablanca Protocol’).
Albanese and Takkenberg (n 163) 188.
ibid.
Casablanca Protocol (n 179) art 1.
ibid art 2.
ibid art 5.
ibid arts 3, 4.
ibid preamble [3]: ‘Whilst retaining their Palestinian nationality’.
Palestine — Progress Report of the United Nations Mediator, UNGA, UN Doc
A/RES/194(III) (11 December 1948); Question of Palestine, UNGA, UN Doc 3236(XXIX)
(22 November 1974).
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