Syrian nationality law

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Syrian Citizenship Act
Parliament of Syria
  • An Act relating to Syrian citizenship
Citation Act No. 276/69
Territorial extent Syria
Enacted by People's Council of Syria
Enacted24 November 1969
Signed by President Nureddin al-Atassi
Commenced24 November 1969
Administered by Ministry of the Interior
Repeals
Legislative Decree 67/1961
Status: Current legislation

Syrian nationality law is the law governing the acquisition, transmission and loss of Syrian citizenship. Syrian citizenship is the status of being a citizen of the Syrian Arab Republic and it can be obtained by birth or naturalization. The Syrian Nationality Law was enacted in 1969, by Legislative Decree No. 276/1969. [1]

Contents

The Law

The law that regulates Syrian nationality is Legislative Decree No. 276 issued on November 24, 1969. [1]

Acquisition of citizenship

Cover of the Syrian biometric passport issued since 2023. Syrian Electronic Passport.jpg
Cover of the Syrian biometric passport EPassport logo.svg issued since 2023.

Nationality at birth

The Syrian nationality is determined predominantly by paternity (father) (see Jus sanguinis). [2] The place of birth is irrelevant, and being born in Syria does not grant an automatic right to Syrian nationality. That is, in most cases, individuals are deemed to be Syrian nationals regardless of whether they are born inside or outside Syria as long as their father holds Syrian nationality. [3] [4] Birth in Syria does not in itself confer Syrian citizenship. Therefore, Jus soli does not apply. [3]

Birth to a Syrian mother does not automatically confer nationality. [1] If a Syrian woman marries a foreign husband, their children will have the foreign husband's nationality and have no claim to Syrian nationality, even if they were born and raised in Syria. [3] The legal ramifications are that these persons face a number of obstacles, one of which is their inability to work in the public sector. It is also harder and more restrictive for foreigners to own real estate in Syria.

Children born in Syria to fathers who are Palestinian nationals, even if they themselves were born in Syria, are considered Palestinian not Syrian nationals. [5] Although the Syrian Palestinian enjoys most of the rights available to the Syrian citizen except the right to vote and run for office. [5] The special Syrian ID cards for Palestinian refugees are issued. [6] "Only in very limited circumstances, such as the absence or statelessness of a father, could the mother grant her child Syrian citizenship." [5]

Avoidance of statelessness

To avoid statelessness, under the legislative decree No. 2/2023, persons whose paternity is unknown or undeclared also acquire Syrian nationality if they are born in Syria in some circumstances. [7]

For example, if born to a Syrian mother but are unable to determine who their father is, or a foundling born in Syria where both parents are unknown, or the parents have an unknown nationality or who do not in fact possess a nationality (ie., are stateless); when they are born in Syria and were not at the time of their birth entitled to acquire a foreign nationality from their parents; and when they have Syrian origins but have not acquired another nationality. [7]

However, these safeguards against statelessness at birth are not systematically implemented. Moreover, this provision only applies to children born in Syria and so clearly does not apply to the children of refugees from Syria who are born in host countries. [1]

Implications for displaced persons

Displaced persons or refugees from Syria, such as refugees of the Syrian Civil War, may have difficulty establishing their father's Syrian nationality. For example, a marriage may not have been registered, marriage documents may have been lost, or the father may be dead, lost or have moved on to third countries, or their whereabouts or identity may be unknown.

A combination of these factors can mean that there is no legal or physical proof that a child’s father is Syrian. In some neighbouring countries a child cannot be registered without legal proof of the father’s identity. [1] Since January 2023, when a refugee mother cannot prove that the father of her child is Syrian, to avoid statelessness, the child is granted Syrian citizenship. [7]

Naturalisation

The other way to acquire Syrian nationality is through naturalisation. The nationality law gives the Ministry of Interior the authority to regulate the naturalization of foreigners but also allows for special considerations. [1]

Non-nationals who have resided in the country for over 5 years and fulfil a number of other requirements can apply for naturalisation. The requirements are eased for individuals from another Arab country, such as the requirement to be able to speak and read Arabic fluently. [8]

A foreign woman who marries a Syrian man can naturalise on the basis of that marriage, [1] but a foreign husband cannot acquire Syrian citizenship on the basis of marriage to a Syrian wife.

Loss of Syrian nationality

The nationality law does not give Syrians the right to unilaterally abandon their Syrian nationality. Syrians may not forfeit it if they acquire a foreign nationality, but only with the consent of the Syrian authorities. Furthermore, Syria reserves the right to revoke a person’s Syrian nationality under certain circumstances, such as those involving matters of national security. [8]

Dual nationality

Dual nationality is recognized by Syria. [8] Though Syrian law recognizes dual citizenship, it also states that a Syrian with dual citizenship is considered a Syrian citizen first. [9]

See also

Related Research Articles

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<i>Jus soli</i> Birthright of anyone born in the territory of a state to nationality or citizenship

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Finnish nationality law details the conditions by which an individual is a national of Finland. The primary law governing these requirements is the Nationality Act, which came into force on 1 June 2003. Finland is a member state of the European Union (EU) and all Finnish nationals are EU citizens. They are entitled to free movement rights in EU and European Free Trade Association (EFTA) countries and may vote in elections to the European Parliament.

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The primary law governing nationality of Portugal is the Nationality Act, which came into force on 3 October 1981. Portugal is a member state of the European Union (EU) and all Portuguese nationals are EU citizens. They are entitled to free movement rights in EU and European Free Trade Association (EFTA) countries and may vote in elections to the European Parliament.

<span class="mw-page-title-main">Icelandic nationality law</span>

Icelandic nationality law details the conditions by which an individual is a national of Iceland. The primary law governing these requirements is the Icelandic Nationality Act, which came into force on 1 January 1953. Iceland is a member state of the European Free Trade Association (EFTA) and the European Economic Area (EEA). All Icelandic nationals have automatic and permanent permission to live and work in any EEA or EFTA country.

Hungarian nationality law is based on the principles of jus sanguinis. Hungarian citizenship can be acquired by descent from a Hungarian parent, or by naturalisation. A person born in Hungary to foreign parents does not generally acquire Hungarian citizenship. A Hungarian citizen is also a citizen of the European Union.

Luxembourg nationality law is ruled by the Constitution of Luxembourg. The Grand Duchy of Luxembourg is a member state of the European Union and, therefore, its citizens are also EU citizens.

<span class="mw-page-title-main">Bangladeshi nationality law</span>

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Thai nationality law includes principles of both jus sanguinis and jus soli. Thailand's first Nationality Act was passed in 1913. The most recent law dates to 2008.

<span class="mw-page-title-main">Emirati nationality law</span>

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The nationality law of Bosnia and Herzegovina governs the acquisition, transmission and loss of citizenship of Bosnia and Herzegovina. Regulated under the framework of the Law on Citizenship of Bosnia and Herzegovina, it is based primarily on the principle of jus sanguinis.

<span class="mw-page-title-main">Jordanian nationality law</span>

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A stateless person is, according to article 1 of the New York Convention relating to the Status of Stateless Persons of 28 September 1954, "any person who is not considered as a national by any State under the operation of its law".

References

  1. 1 2 3 4 5 6 7 "Syrianationality | Syrian nationality law". www.syrianationality.org.
  2. ↑ "Syrian Law Journal".
  3. 1 2 3 "Syria Nationality Law". Syrian Law Journal. Retrieved 31 January 2023.
  4. ↑ "The Right to Syrian Nationality". Syrian Law Journal. Retrieved 31 January 2023.
  5. 1 2 3 Bolongaro, Kait (2016-03-23). "Palestinian Syrians: Twice refugees - Human Rights". Al Jazeera. Retrieved 2021-06-18.
  6. ↑ "Palestine refugees from Syria lose hope in Gaza".
  7. 1 2 3 "Legislative decree to regulate affairs of children of unknown parentage". Syrian Arab News Agency. 14 January 2023. Retrieved 31 January 2023.
  8. 1 2 3 "Syrian Citizen". multiplecitizenship.com. Retrieved 31 January 2023.
  9. ↑ "Archived copy" (PDF). Archived from the original (PDF) on 2019-03-05. Retrieved 2016-09-16.{{cite web}}: CS1 maint: archived copy as title (link)
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