Will new government grant citizenship to children of Syrian mothers? ...Syria

Enab Baladi – Besan Khalaf

Studying dentistry at the University of Damascus was not an achievement for Mohannad Abu Shakra and his brother Hussam, who are Lebanese citizens with a Syrian mother.

Mohannad Abu Shakra (35 years old) recounts the challenges he faced as a Lebanese citizen with a Syrian mother, forced to live in Syria after his father’s death.

Mohannad feels a stronger connection to Syria than to his home country Lebanon, which he has only visited twice.

He states, “I belong to Syria, but Syria does not belong to me; the years I lived in Syria were not enough for me to obtain Syrian citizenship.”

Mohannad and his twin brother Hussam’s experience studying dentistry at the University of Damascus was not pleasant, as their mother had to pay university fees in foreign currency, since Arab and foreign students must pay their tuition in foreign currency (dollars).

Their achievement was not completed with graduation, as their Lebanese nationality obstructed their ability to open a specialized clinic, which requires a license under a Syrian doctor or someone in the equivalent status (such as a Palestinian Syrian refugee).

The young men cannot even work in state hospitals. After four years of trying to find work in specialized dental clinics in Syria, they decided to travel to Lebanon, but they were unaware that their degrees were not recognized in Lebanon and needed validation before they could open a specialized clinic there.

The brothers said, “We feel like we have no identity, and we are rejected by the government in both countries.”

Mohannad and Hussam spent two years validating their degrees to open a dental surgery and dentistry clinic in Beirut.

No future for the children of Syrian women

The situation of Mohannad and Hussam is better than that of Haryar (24 years old), a Bulgarian citizen with a Syrian mother who was born in Syria. After his parents separated, he lived with his mother in Damascus.

“Bulgarian and living in Syria,” “Syria is not your country; why do you live here?” such phrases have been a constant part of Haryar’s life.

The young man says, “Every time I hear these phrases, I have to explain my parents’ separation story, and that I have not met my father and know nothing about him.”

Haryar also faced bullying due to his Bulgarian nationality, fair complexion, and blonde hair that mark him as foreign.

He studies architecture at the University of Damascus, but his mother does not plan to keep him in Syria after graduation.

“I don’t want my son to live without rights or a job that preserves his dignity,” said Alice Sarraj, Haryar’s mother, to Enab Baladi.

She intends to travel with her son to the United Arab Emirates, so he can find a job opportunity.

She continued, “If I were a man, they would grant my son Syrian citizenship, but the discrimination against women will not disappear from Syria even if a thousand systems change.”

“The boy is his father’s son, and the father is the head of the household,” this is how Arab societies deal with mothers. Sarraj wonders, “How will they grant my son citizenship when they don’t even recognize that a mother has the right to her child?”

Sarraj criticizes Syrian nationality law, saying, “The law is fundamentally illogical; how can a Syrian woman not grant her child citizenship unless the child is of unknown descent?”

The Syrian civil law established with the Syrian constitution of 1973 states in its third article (paragraph A) regarding granting Syrian nationality that:

“Anyone born in the country or abroad to an Arab Syrian father is considered Syrian, and anyone born in the country to an Arab Syrian mother without a legally established paternity is also considered Syrian,” according to the Syrian civil law.

Nationality for the children of Syrian women: A step towards eliminating discrimination

Lawyer Nadine Ghazi told Enab Baladi that it is necessary and humanitarian to grant the children of Syrian women Syrian citizenship, just as Syrian fathers are granted citizenship for their children. Enacting a law to grant Syrian citizenship to the children of Syrian women is not just a fair demand, but an investment in Syria’s future, and a step toward justice and equality between men and women.

Gender discrimination and the failure to grant Syrian citizenship to the children of Syrian women do not align with principles of justice and equality, nor with Syria’s international obligations regarding human rights and children, as Syria has ratified the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). These agreements stipulate the child’s right to nationality and equality between men and women, according to Ghazi.

She pointed out that depriving a child of the right to nationality places them in a precarious legal situation, denying them their rights to education, healthcare, job opportunities, and even a sense of belonging.

She continued that the reality of war in Syria has led to mixed marriages both inside and outside of Syria. Many Syrian mothers have married non-Syrians, and some spouses have separated or died, leaving children without legal identity, becoming “victims of circumstance,” which must be addressed by a law that guarantees their rights.

According to the legal considerations governing the Syrian nationality law, Ghazi clarified that the nationality law is based on a mix of traditional legal heritage and an old social reality that discriminates between men and women.

Ghazi also confirmed that the nationality law in Syria is influenced by political and social considerations. The former concerns how the state addresses the issue of citizenship from a sensitive sovereign perspective, showing a constant caution about using nationality as a demographic or political weapon, especially concerning Palestinian refugees (preserving the right of return), religious and ethnic minorities, and the marriages of Syrians to foreigners from non-friendly countries.

The social considerations relate to the impact granting nationality could have on social structure and demographics; thus, requests for naturalization may occasionally be frozen in certain areas to avoid altering the ethnic balance.

There are instances where Syrian citizenship is granted without submitting a citizenship application, by a special decree from the President granting a specific person Syrian nationality, even if both parents are foreign.

According to Syrian civil law, any foreigner residing in Syria can be granted Syrian nationality after fulfilling certain criteria, including:

Will new government grant citizenship to children of Syrian mothers? Enab Baladi.

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