NATIONALITY
DIFFERENTIATION BETWEEN SYRIANS REGISTERED AS FRENCH PROTEGES AND OTHER TURKISH SUBJECTS: DIFFERENT CLASSES OF PERSONS OF SAME NATIONALITY
The Secretary to the Department of Home and Territories has forwarded for consideration the following memorandum:
May I ask your further consideration of the opinion given by you on 6 July to the Prime Minister's Department regarding the status of Syrians? I do not, of course, question your opinion as a matter of strict law, but in a case of this kind are we not bound to take notice of the fact that the Turkish nation to which the Syrians are said to belong, exercise no authority whatever at the present time over them or their country.
- Although no Treaty of Peace has yet been made with Turkey it is the subject of common knowledge that the French Government has been given or is to be given a mandate over Syria and is exercising authority in that country. As illustrating the attitude of the British Government towards Syrians I quote from the instructions to the Consuls regarding grant of visas of passports as follows:
Syrians carry as a rule either French passports as French proteges or Egyptian passports and these may be accepted.
- May I suggest that your opinion should be qualified by an addition to the effect that though the law is as stated it would appear to be in accordance with international practice for a differentiation to be made between Syrians and other ex-Turkish subjects in cases where the Consul for France has formally stated that his Government has extended its protection to specified individuals.
The opinion expressed by me on 6 July 1920(1) was that registration, as a French prot6ge, in the French Consulate, of a Syrian subject would not, so far as the Commonwealth is concerned, affect his nationality.
I am unable to qualify that opinion in the manner suggested in paragraph (3) of the Secretary's memorandum.
The legal question on which I have advised is one of nationality simply.
The matter of differentiation in treatment between different classes of persons of the same nationality is not a legal but a political question; and can be dealt with by legislation.
[Vol. 17,p.66]
(1)Opinion No. 988.