2. 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”.63 The Committee has
further stated:
“Consistent with articles 2, 3 and 24 in particular, the Committee requires that all
States parties gradually progress to a stage where, by its resolute discouragement of
notions of the inequality of women in the home, each country will withdraw its
reservation, in particular to articles 9, 15 and 16 of the Convention.”64
The inaction by the government to remove gender discriminatory provisions from the nationality
laws also violates the state’s general obligation to eliminate all forms of discrimination against
women, under Article 2 of CEDAW.
3. Syria is a member of the Organisation of Islamic Cooperation (OIC). The Covenant on the Rights of
the Child in Islam is one of the binding documents of the OIC and Articles 2(4) and 7 clearly guarantee
every child’s right to a nationality. There is a need for Syria to adhere to these provisions. Moreover,
Syria is a party to the OIC’s Cairo Declaration on Human Rights in Islam, which enshrined the right
to marriage without discrimination on the basis of nationality, mandates that the state to remove
all obstacles to marriage and to protect the family (Articles 5) and also enshrines equality before the
law (Article 19) - articles that are undermined by Syria’s discriminatory nationality law.
4. Syria has not acceded to either the 1954 Convention Relating to the Status of Stateless Persons or
the 1961 Convention on the Reduction of Statelessness, nor has it pledged to do so.
Previous UPR of Syria under the First, Second, and Third Cycle, CRC and CEDAW
Recommendations
5. Syria was previously reviewed during the 12th, 26th and 40th sessions of the UPR, in 2011, 2016, and
2022 respectively.
6. In the first cycle, during the 12th session, Syria did not receive any recommendations specifically
related to nationality law or statelessness. However, there were different recommendations on
Syria’s international obligations especially under the ICCPR, CRC, and CEDAW, three relevant treaties
that contain fundamental principles also related to the right to a nationality. Syria received three
recommendations from Indonesia,65 the Maldives66 and Poland67 to bring national laws in line with
international obligations. Syria also received recommendations on gender equality (for example,
63
CEDAW, General Recommendation No. 21: Equality in Marriage and Family Relations, para. 6 (1994), available
at: https://www.refworld.org/docid/48abd52c0.html.
64
CEDAW, General Recommendation No. 21: Equality in Marriage and Family Relations, para. 43 (1994), available
at: https://www.refworld.org/docid/48abd52c0.html.
65
Human Rights Council, ‘Report of the Working Group on the Universal Periodic Review on the Syrian Arab
Republic,’ A/HRC/19/11 (1st cycle, 24 January 2012), Recommendation 100.1.
66
Human Rights Council, ‘Report of the Working Group on the Universal Periodic Review on the Syrian Arab
Republic,’ A/HRC/19/11 (1st cycle, 24 January 2012), Recommendation 100.2.
67
Human Rights Council, ‘Report of the Working Group on the Universal Periodic Review on the Syrian Arab
Republic,’ A/HRC/19/11 (1st cycle, 24 January 2012), Recommendation 102.1.
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