sign in sign up
<<
Home , Amuda, Arab Belt, Kurdish population, Mabrouka, Marwanids, Palmyra (modern)

Syrian Citizenship Disappeared How the 1962 Census destroyed stateless ’ lives and identities Acknowledgement The present report could not have been produced without the courage of all the witnesses and victims interviewed, along with efforts made by STJ field researcherswho conducted these interviews throughout the first eight months of 2018. STJ would like to warmly thank all editors, researchers, lawyers, designers and others, who contributed in writing, editing, proofreading,translating and designing this report.

For an opinion and feedback on this version of the report, please email us at: [email protected]

About for Truth and Justice Syrians for Truth and Justice (STJ) is an independent, nongovernmental organization whose mem- bers include Syrian defenders, advocates and academics of different backgrounds and nationalities. The initiative strives for , where all Syrian citizens (males and females) have dignity, equality, justice and equal human rights. Contents

01- Executive summary ...... 05

02- Methodology of the report ...... 06

03- Introduction ...... 06

04- A Short of Syria ...... 08

05- The origins of Syrian nationality ...... 08

06- A short history of Kurds ...... 10

07- Background on the Kurds’ political status in Syria ...... 11

08- Ethnic-based discrimination in Syria ...... 11

09- The implementation of the census ...... 14

10- Categories resulting of the 1962 census ...... 16

11- Steps preceding the 2011 No. 49 granting nationality to ajan ...... 17

12- The 2011 Decree No. 49 ...... 18

13- in numbers, from 1962 to date ...... 19

14- The naturalized Kurds and the exemption of the military service ...... 20

15- Between two , 49 years of continuous agony ...... 21

16- Continuous Suffering despite the issuance of the 2011 Decree 49 ...... 48

17- Conclusion ...... 53

18- Recommendations and Proposals ...... 54 Syrian Citizenship Disappeared

In total, the number of stateless Syrian Kurds be- 1. Executive summary: tween 1962-2011, has reached more than 517 000.

The 5th of October 2018 marks the 56th The IDs that ajanib al-Hasakah anniversary of the special census in al-Hasakah received were marked with placing province, northeastern Syria, which is large- number 8 after the registration number: to read ly populated with ethnic minorities having -dif 8/xx. ferent religious affiliations, including Assyrians, Following the onset of peaceful protests Kurds, , , Chechens and oth- in Syria, which demanded sweeping reforms in ers.Al-Hasakah was the only Syrian province in the country, Decree No. 49 was issued on 7 April which the census was conducted, in application 2011, and has been announced on the official of Decree No. 93 of 23 August 1962 passed by website of The Syrian People’s Council under the the so-called “Separatist Movement”, based on title “Granting Syrian Arab Nationality to those Decree No. 1 of 30 April 1962 and the ministerial Registered as ajanib in al-Hasakah”. The decree decision, No. 106 of 23 August 1962. The now states: known “Al-Hasakah 1962 Census” decree states in its article 1: Article 1: individuals who are registered as ajanib in the al-Hasakah province shall «A general census is to be carried out in be granted Syrian nationality.4 al-Hasakah province in one single day. The exact date will be more closely deter- Article 2: the Minister of the Interior shall mined by an order from the Ministry of issue the decisions containing the execu- Planning, at the recommendation of the tive instructions to this decree. Interior Minister» Article 3: This decree shall enterinto force on the day of its publication in theOfficial Journal. STJ had access to inside information from official sources in the Personal Status -De partment of al-Hasakah, revealing that the num- 1 Several months after the issuance of ber of the registered ajanib /red card holders, Decree No. 49 of 2011, a ministerial decree of reached 346 242 in early 2011. 326 489 of them nationalizing maktumeen was reported. The managed to obtain Syrian nationality, while the Personal Status Department employees, howev- rest, 19 753, are still stateless.Regarding maktu- 2 er, told submitters that it was not yet in effect, meen , the same source denied the Syrian gov- and they actually didn’t know which department ernment’s allegations on its lack of knowledge would take it over. of their numbers, noting that the Personal Sta- tus Department of al-Hasakah used to rely on Unlike citizens, Syrian Kurds, who were rendered the records of the makhateer3 during the pre- stateless by the 1962 census, suffer depriva- vious decades, who were responsible of issuing tion of their most basic civil, political, social and identification certificates for the maktumeen. economic rights. Some of them had a lifetime The number of maktumeen, has reached more of statelessness, having no certificates proving than 171 300 as of 2011, 50 400 of whom ob- their born nor death. tained Syrian nationality after resolving their legal status by becoming ajanib and then Syri- Like other Syrians, Kurds have been sub- an citizens. However, some 41 000 maktumeen jected to serious human rights violations during were unable to rectify their legal status owing the past decades, but as an ethnic minority, to problems encountered by the Personal Status they suffer identity-based discrimination, such Separtment during the registration process, and as restrictions on the use of Kurdish language there are still less than 5 000 people who chose and on practicing . In the view of not to submit. many Kurds, the Kurdish issue goes further be- yond than just claiming citizenship, as it seeks 1 Sing. ajnabi/ajnabiyah, literally »foreigners« i.e. stateless. unregis- the Kurds’ national, political, cultural and social tered stateless people. rights, which are safeguarded by the internation- 2 Sing. maktum/maktumah, i.e., unregistered stateless people. al human rights instruments 3 Sing. Mukhtar, i.e. the head of the neighborhood. 4 Ajanib means foreigner in

5 Syrian Citizenship Disappeared

3. Introduction: 2. Methodology of the report:

Through this in-depth report, STJ seeks to This report is the result of in- document and list the reasons behind the spe- tense efforts STJ has conducted be- cial census of 1962, and to highlight the suffering tween the beginning of 2018 and of tens of thousands of people who have been August the same year. It relies on stripped of their nationality as aresult, especially 54 statements and interviews, con- the maktumeen, within Syria or in asylum. The ducted by the organisation’s field report relates 49 years of statelessness, from researchers. 38 of them are face- 1962 to 2011, and the catastrophic consequenc- es of it, by recounting stories of the 1962 census to-face, while the 8 others were victims. conducted via Internet with eyewit- nesses and stateless people (both The census, that was conducted on 5 Oc- ajanib and maktumeen) in different tober 1962 in application of Decree No. 93 of 23 geographical regions starting from August 1962, was special to al-Hasakah province, northeastern Syria, and was the result of tumul- Al-Malikiyah/Derek to / tuous political years in Syria. Qamishlo via , Ad Darbasi- yah, Ras al-Ayn/Sari Kani al-Hasakah On 30 January 1958, Syria’s president city and others, as well as those de- Shukri al-Quwatli’s visit to Cairo accompanied by ployed in a number of asylum coun- the members, and on 1 February 1958, Sabri al-Asali, Syria’s Prime Minister, proclaimed tries such as , Iraqi , the formation of the United Arab , that Europe and others. would be headed by the elected Gamal Abdel 5 The report also drew on 8 testi- Nasser . monies and interviews from lawyers, The Interim Constitution of the Republic researchers and specialists in the was promulgated on Wednesday, 5 March 1958. Kurdish and citizenship issues. It stated: The drafters of this report have- re “Nationality in the is de- viewed dozens of sources and ref- fined by . Nationality in the United Arab Re- public is enjoyed by all bearers of the Syrian or erences that have approached the Egyptian nationalities; or who are entitled to subject since 1962 until today, quot- it by or statutes in force in Syria or ing from 63 of them to benefit from at the time this Constitution takes effect.”6The and build upon the efforts made in Egyptian-Syrian union did not last long, howev- this field. er. It collapsed on 28 September 1961, by the “Supreme Arab Revolutionary Command of the Armed Forces”, which entrusted Maamun al-Kuz- bari to form the new government, authorizing him to issue decrees on the nomination of min- isters and the composition of the new cabinet, which was announced on 20 November 1961, about a week after the adoption of the country’s interim constitution, headed by Izzat al-Nuss. The parliament and the constitutional council held a second meeting on Thursday morning, 14 December 1961, under the chairmanship of Maamun al-Kuzbari to elect a President of the Republic out of the two candidates Khalid al-Azm and Nazim al-Kudsi, who won the presidency. 5 Hashim Othman, The Modern (Bei- rut-: Riad El-Rayyes Books), 303 and 305. 6 Ibid.

6 Syrian Citizenship Disappeared

Subsequent to that, Prime Minister Izzat al-Nuss tendered his resignation on 22 Decem- A general census is to be carried out in ber 1961, and Maarouf al-Dawalibi was commis- al-Hasakah province in one single day. sioned to establish the ministry in which he ap- The exact date will be more closely deter- pointed Jalal al-Saied as Deputy Prime Minister mined by an order from the Ministry of and Minister of , Rashad Barmada as Planning, at the recommendation of the 10 Minister of Defense and Education, Ahmed Qun- Interior Minister. bur as Minister of the Interior, and Mustafa al- Zarqa as Minister of Justice and Religious Affairs. The census resulted in disastrous conse- On 28 March 1962, Abd al-Karim al-Nahla- quences for people who have been stripped in- wi staged another coup, assuming the presiden- definitely of Syrian citizenship along with their cy as a result, under a decree issued by the then descendants. The overwhelming proportion of Chief of the General Staff of the Army and the those were Syrian Kurds, which make this issue Armed Forces, while President Nazim al-Kudsi one of the most complex issues that successive and other politicians were arrested. Some then Syrian governments have failed to deal with, or military sectors headed by the Brigadier Gener- to lift the injustice befallen those affected.11 al Bader al-A’asar, the commander of the central region in , opposed those actions, which led In order not to lose their Syrian citizen- to the surrender of some officers, the escape of ship, Kurds had to prove residency in Syrian ter- those who staged the coup, and the transfer of ritory since 1945, at least. The extremely short others to the courts. Nazim al-Kudsi was released time frame for the census - one day - set by the on 13 April 1962, and returned to the Presidential government wasn’t enough for people to pre- palace to begin a second mandate. pare the required documents or even to under- 12 On 16 April 1962, Nazim al-Kudsi signed a stand what was going on. decree approving the resignation of Prime Min- er, on 17 September 1962. Khalid al-Azm formed the new ister Maarouf al-Dawalibi and another decree in government, in which Asa’ad al-Kourani was the Minister of Justice and Religious Affairs, and Aziz Abdulkareem which he appointed Bashir al-Azma at the head the Minister of the Interior. of the new government, where Rashid Humaidan was appointed Minister of Justice and Religious The separation was finalised with the 8 March 1963 coup, Affairs, and Abdel Halim kaddour as Minister of helped by the military organization established in Egypt during the United Arab Republic, composed of officers Interior. Kaddour resigned afterwards and was Omran, , Hafez al-Assad, Ahmed replaced by Rashad Baramda. The government al-Meer and Abd al-Karim al-Jundi. would soon be reshuffled and the post of Minister of the Interior given to Aziz Abdul Karim.7Along The census was therefore conducted in the midst of politi- with the political storms, Syria was also hit with cal instability, and its effects are still vivid today. natural storms and hurricanes. On 18 and 19 10 The decree was in retaliation for the Kurds’ support of the 11 September 1961 revolution in April 1962, torrential rains coming from Turkey leaded by , ccordinga to some sources; and some Syrian areas affected al-Qahtaniyah, to mention only: Riyad Feili, “Decree No. 93 of 1962 in formerly Qubour al-Bid town in Qamishi/Qamish- Syria and his counterpart in are two sides of the same lo, and left about 20 victims and 10 missing. It coin”, The Civilized Dialogue, issue, 2023, 30 August also washed away more than 100 houses, cracked 2007. (last visit: 6 August 2018). http://www.ahewar. some 50 others and displaced thousands of peo- ple, many of whom were housed in schools and org/debat/show.art.asp?aid=107492 tents8. 11 During the work on this report, STJ field researcher was able to get two testimonies from stateless Syrian The census was conducted in applica- Arabs in Ras al-Ayn/Sari Kani city, who did not received tion of Decree No. 93 of 23 August 1962, which citizenship despite submitting their papers as Maktumeen, was actually passed by the so-called “Separatist which indicated that there are Arabs who are still not Movement”, based on Decree No. 1 of 30 April registered in the Syrian officialrecords. There are also 1962 and the ministerial decision, No. 106 of 23 some statelessSyriac families and Bedouins who were August 1962.9 The now known as “Al-Hasakah spread away from the centers of cities, as some sources 1962 Census” decree, states in its article 1: confirmed to STJ. 12 Syria: Group Denial, “Repression of Kurdish Politi- 7 Hashim Othman, The Modern History of Syria (Bei- cal and Cultural Rights in Syria”, , rut-Lebanon: Riad El-Rayyes Books), 299 to 371. 26 November 2009. https://www.hrw.org/re- 8 Ibid., 359. 9 On 13 September 1962, Bashir al-Azma’s government port/2009/11/26/group-denial/repression-kurd- issued a new constitution before it resigned four days lat- ish-political-and-cultural-rights-syria . (last visit:

7 Syrian Citizenship Disappeared

hand, the mandatory power needed to build a 4. A Short history of Syria: state, in order to ensure the success of its mis- sion there, based on three pillars: moral, political and economic. Greater Syria, comprising of today’s Syr- ia, Lebanon, and Palestine/, was in- The independence of Syria gave way to cluded to the in 1516. For 400 Arab nationalism. Marked by a period ofinstabil - years, the Empire ruled over its territory, but at ity, the successive coups that marked the 1946- the end of its existence, factors such as the Ot- 1963 period had all in common to put a strong toman reformation, the European economic ex- emphasis on Arab nationalism, including with pansion, or the agrarian commercialisation, led the unification of Syria and Egypt ina new United Damascene families to merge into a more cohe- Arab Republic. sive entity in the 1860’s. Arab nationalism was also at the core of The Empire started its decline in the late Ba’athism, the political movement that took over eighteenth century, but the years 1908 to 1918 power in 1963, and that was later on incarnated truly led to its dissolution. The 1908 Revolution by Hafiz and subsequently Bassad Al Assad. conducted by the Young Turks aimed at creating a secularist Ottomanist world view. This impact- ed Syrian provinces, as the threat of a wide Turki- fication also strengthened . 5. The origins of Syrian In 1914, the First World War led to re- shaping the region into the territories we know nationality: today. Great Britain and organised, during a series of meeting, the partition of theOttoman Empire, all the whilst British diplomats promis- Under the Ottoman Empire, Syrian na- ing to Arab leader Amir Faysal an Arab Kingdom tionality was ruled by the Ottoman government, comprising a territory from to the Medi- known as the Porte, referring to Topkapi’s pal- terranean. French eventually established their ace’s gate. Nationality was traditionally ruled by mandate over Syria in 1916 with Sykes-Picot Islamic law, until, in order to prevent non-Mus- agreement, finalised during the 1920 San Remo lim ottomans from escaping their obligations as Conference. In the north, the border with Turkey nationals of the Empire, the Porte enacted the remained unstable and its delineation actually 1869 Law number 19, inspired by French legisla- led the French occupying mower and Turkey to tion, with a strong emphasis on jus sanguinis. wage a war on its basis. The 1921 Franklin-Bouil- The 1923 Treaty of Lausanne, creating lon Agreement, confirmed two years later by new states, also established the citizenship regu- the Treaty of Lausanne established the border. lations of the states it created, including Syria’s. France would thus remain in Syria until 1946. A set of three legislations govern the nationality. Nationalism, whose foundationhad been First, the Treaty of Lausanne organised the new laid prior to the start of the mandate, truly rose Syrian nationality on the basis of the place of as a consequence of French occupation. During habitation: it states in its Article 30 that Turkish the French mandate, a nationalist conscience citizens living on the territory of a state created grew among the Damascene elite, and France by the Treaty become citizens of this state. Thus, unsuccessfully aimed for a dangerous balance. anyone living on the territory of Syria obtained On the one hand, the mandatory power could the Syrian citizenship. not permit a nationalist movement to take root, as this would threaten its very presence in Syria. In 1924, the French High Commissioner, Policies were therefore drafted to “weaken and in the arrêté 2825, elaborated on the transmis- isolate the forces of nationalism”. On the other sion from the Ottoman to the Syrian nationality. 10 August 2018) To this end, the act distinguished between three

8 Syrian Citizenship Disappeared types of nationalities. First, it provided that “any After the collapse of the United Arab Re- person of Turkish origin and living in Syria on the public in 1961, the so-called “Separatist Move- 31 August 1924 is from now on considered to be ment” issued The Nationality Law by Legislative Syrian and loses their Turkish citizenship”. Sec- Decree No. 67, on 31 November 1961. Upon the Ba’th-Party taking on power, the Legislative ond, the arrêté provided that people of Turkish Decree No. 276, providing for the nationality nationality, of Syrian origins and living abroad Law15 was promulgated on 24 November 1969 on the 31 August 1924 could request the Syrian and is still in force today with some subsequent citizenship. This provision aimed at including im- amendments.16 migrants who had left Syria in the buildingof the new country. Thirdly, the arrêté provided that According to Radwan Sido, lawyer, it is once the husband obtained the French nation- important, when talking about the special cen- ality, his wife and children automatically became sus and its consequences, to define “nationality” Syrians alongside him. as a term and to clarify the difference between the ajanib and maktumeen. One of the definition In January 1925, the French High Com- of nationality states that it is the political and missioner concluded his work on Syrian national- legal link between the individual and his state. ity, addressing in his arrêté 16/S the conditions of By obtaining nationality, the individual thus be- acquisition and loss of Syrian nationality, mainly comes one of the state’s constituent, Such link, based on jus sanguini, as article 1, establishing obviously, does not exist between the stateless Syrian nationality for children from a Syrian fa- and the state. Ajanib al-Hasakah (al-Hasakah for- ther born in Syria or abroad, demonstrates.13 eigners) were issued “red cards” with “his/her name wasn’t listed among Syrian Arabs accord- Under the mandate of a foreign power, a ing to the 1962 census” written on them. The broad range of religiously and ethnically diverse “red card” prevents its holder from exercising communities, including , Kurds, Arabs, Cir- their rights, for example it prevents their to trav- el abroad or to return to the country. As for the cassians, Armenians, Assyrians, , Ismai- “maktumeen”, they were not registered in any lis, and Turkmen, thus became Syrians. To date, official records, meaning that granting them ba- however, they failed to create a Syrian nation. sic documents such as identification certificates or residence permits requires the approval of The first adopted Citizenship Act No. 98, 17 prepared by Syrian Jurists, was issued on 21 May the Political Security Directorate. 1951. It was followed by a further Act by De- cree No. 21 of 24 February 1953, subsequently amended by Act No. 492 of 16 February 1957. The Syrian nationality was traditionally ruled by Arabic traditions, that it used to be granted by decent, taking into account the position of wom- en in Islamic jurisprudence and some rules of the French legislature. The outcome of the first interaction be- tween two Arab Acts on nationality was the Act 15 For more info see: “Decree No. 276 of 1969 on Syrian No. 82 promulgated on 22 July 1958, on the year Arab Nationality”, website of the Syrian Parliament (last of the establishment of the unity between Egypt visit: 10 August 2018). http://parliament.gov.sy/laws/De- and Syria, and was then prepared by Egyptian cree/1969/civil_01.htm 14 and Syrian jurists. 16 Haytham Manna, Stateless People in Syria (non-Pal- estinian refugees), Arab Commission for Human Rights, third edition 2014. (last visit: 10 August 2018). http:// hem.bredband.net/dccls2/r1.htm#_%D8%A7%D9%84%D 13 Joseph M. Haddad, The Syrian Nationality (: 8%AC%D9%86%D8%B3%D9%8A%D8%A9_%D9%81%D9% American University of Beirut, 1942); Shadi Jame, Le 8A_%D8%A7%D9%84%D9%82%D9%88%D8%A7%D9%86 régime de la nationalité en droit syrien et en droit français: %D9%8A%D9%86 . étude de droit comparé entre domination coloniale et droit 17 Radwan Sido is a lawyer, born in 1973, from Qa- international contemporain (Nantes: Université de Nantes, mishli/Qamisho city, he began practicing law since 2000, 2011) serves as a human rights and political activist. Meetings 14 Ibid. were conducted via Internet on 5 August 2018.

9 Syrian Citizenship Disappeared

During its presence in Syria, France devel- 6. A short history of Kurds: oped a positive attitude towards minorities. Ap- plying a divide-and-rule strategy to assert their rule, France favoured , Alawites and Kurds The history of Kurds is linked to the his- minorities, particularly when it came to the re- tory of Middle-East. Indeed, their origins trace cruitment in its army. back to 2,000 years. At the time of Arab conquests of Meso- The departure of France from Syria would, potamia, in 637, Kurdish armies were included however, reveal precarious for minorities, and into the Sassanian Empire and fought alongside especially the Kurds. With the rise of post-man- its armies. By the end of the conquest, and the date Arab nationalism, that aimed for a massive defeat of Sassanians, a significant part of Kurdish of the territory, and its perception chiefs submitted to Arab armies and embraced of the Kurdish identity as a threat to the success . of an Arab Syria, the governments embarked in Under the consecutive governments, the oppression of the ethnic group. Northeast- Kurdish remained significantly independent, ern Syria, home to the Kurdish community, was leading revolts on several opportunities, against heavily targeted by such policies. The event ob- the Umayyads, in particular along the course of ject of this report took place in 1962, just as the the 6th and 7th centuries, and the Abbasides strategy was being implemented. during the 9th century. Over the course of the 10th and 11th cen- The Ba’ath party taking over power in turies, several Kurdish dynasties, including the 1963, aiming at a secular Arab society, only pur- , the and the Hasanway- sued the discrimination against non-Arab minori- hids arose. Kurdistan was later the target of Em- ties. To further assert Syria as an Arab state, the pires that destroyed the area, such as Mongols party later on embarked in designing the Arab and Timurids. Until then, the social fabric did not belt, aiming at emptying the Al Hasakah region revolve around a Kurdish identity, but was most- from Kurdish people on the basis of a variety of ly the result of family ties, tradition and Islam. policies, including the renaming of villages in Ar- When the Shi’i Safavi leader Ismail estab- abic or the expropriation of Kurdishland owners. lished the Safavid dynasty in 1505, ruling over to- day’s Iran, Kurds massively defected to support the Ottoman Empire, that, at the time, relied on local chiefs, as opposed to a more centrally or- ganised Safavid Empire.

During the 16th century, the Ottoman Empire earned a prominent position. On the early stages of its establishment, the Ottoman Empire granted Kurdish chiefs with significant independence negotiated by Bitlisi, a Kurdish political advisor to the Empire, in exchange of their recognition of the Ottoman Empire, and the provision of trained men serving the Otto- man armies during the Ottoman-Persian wars. This settlement led to the creation of semi-au- tonomous Kurdish that, although not totally satisfying for either party,and punctuated by Kurdish revolts, sustained until the Ottoman reforms, in the middle of the 19th century.

10 Syrian Citizenship Disappeared

citizenship, and seeks the recognition of Kurds’ 7. Background on the Kurds’ national, political, cultural and social rights, safe- guarded by the international human rights in- political statusin Syria: struments.21

In 23 June 1928, Kurdish intellectuals submit- ted their first statement to the Syrian Constitu- ent Assembly. They demanded the recognition of the Kurdish language, alongside Arabic, an of- 8. Ethnic-based discrimination ficial languagein the Kurdish regions, and it to be the teaching language in schools there, as well as the appointment of Kurdish employees in : areas. The establishment of the cultural association 8.1. Non-Arab minorities in Koyboun, proclaimed in 1927 in Bhamdoun town-Lebanon, was the precursor of the rise Syria: of . It published numerous Over the past decades, the cultural rights magazines and newspapers in a number of lan- of non-Arab minorities have been ignored, and guages including Kurdish such as Hawar (The Syria’s successive constitutions were based on Scream) magazine, issued by the Emir Celadet an ideology of Arabisation, considering all Syrian Bedir Khan from , with 57 issues from citizens as Arabs, with an impact on the Syrian 1932 to 1942, and launched a Kurdish radio regime’s policy and domestic legislation. which broadcasted from Lebanon from 1937 to 1946. It is worth noting that the 1950s witnessed The 1963 coup d’état, known as the “8 March the establishment of many Kurdish organisations Revolution», gave way to Arab nationalism. The and civil associations, whose demands ground- new power led by Ba’athist officers, including ed in the expansion of democratic practices, in- ration of this report. The term “State of Syria” was used in cluding the recognition of Kurdish language and official transactions in the years following the emergence culture and the respect of the Kurdish identity of the state and later it was replaced by “Syrian Republic”. within the larger Syrian identity. The same de- The word “Arab” was inserted effectively in the State’s mands appeared in the first political programme name after the unity with Egypt in 1958 “United Arab Re- presented by “The Kurdistan Democratic Party of public”, after its dissolution, however, in 1961 by the then Syria”18 in 1957: defending the Kurdish national “ Supreme Arab Revolutionary Command of the Armed presence in Syria, the realization of national, cul- Forces “ (The Separatist Movement), “Syrian Arab Repub- tural and administrative rights within the frame- lic” became the official name of the state used in letters 19 and correspondence. Read, Hashim Othman, The Modern work of a democratic Syrian state. History of Syria (Beirut-Lebanon: Riad El-Rayyes Books, In the view of many Kurds, the Kurdish issue First Edition 2012), 302-338-339. You can also visit the in Syria20 goes further beyond merely claiming “Syrian History” website for more documents. See, “A Card of a Student in Damascus High School before the 18 The Kurdistan Democratic Party of Syria was the first Declaration of Unity with Egypt in 1958”, (Last visit: 9 Kurdish party in Syria, established on 13 June 1957 by a August 2018) http://www.syrianhistory.com/ar/photos/ group of Syrian Kurds including (Abdulhamid Darwish, 4525?tag=%D9%88%D8%AB%D8%A7%D8%A6%D9%82 Othman Sabri and Hamza al-Nouairan). For more info , and “An ID of a Na’im tribe member, stamped withthe please read: (Highlights on the Kurdish Movement in seal of the tribal sheikh in 1950 “(Last visit:9 August Syria- events of 1956-1983), Abdulhamid Darwish. 2018) http://www.syrianhistory.com/ar/photos/5784?tag 19 Mash’al Tammo, “The Kurdish Issue in Syria, taboos =%D9%88%D8%AB%D8%A7%D8%A6%D9%82 . and static justification regimes”, Transparent, 21 Houshneek Ousi, The Tragedy of Stateless Syrian 22 February 2005(Last visit: 6 August 2018). https:// Kurds, al-Hayat Newspaper, 21 July 2007(Last visit: 6 www.metransparent.com/old/texts/mishal_tamou_kurd_ August). http://www.alhayat.com/article/1345311/%D in_syria.htm 9%85%D8%A3%D8%B3%D8%A7%D8%A9-%D8% 20 The “Syrian Arab Republic” is the current official A7%D9%84%D8%A3%D9%83%D8%B1%D8%A7% name of the country, which implies the unrecognition of D8%AF-%D8%A7%D9%84%D8%B3%D9%88%D8 other non-Arab nationalities in Syria, such as the Kurds, %B1%D9%8A%D9%8A%D9%86-%D8%A7%D9% Turkomans, Circassians, Armenians and Assyrians. 84%D9%85%D8%AC%D8%B1%D8%AF%D9%8A Dozens of official documents published by thesuccessive %D9%86-%D9%85%D9%86-%D8%A7%D9%84%D Syrian governments have been reviewed during the prepa- 8%AC%D9%86%D8%B3%D9%8A%D8%A9-nbsp

11 Syrian Citizenship Disappeared

Hafez al-Assad, adopted provisional constitu- between the Syrian and neighboring Kurds along tions dominated by Ba’athist ideologies, the lat- the borders with Turkey and Iraq. The Belt was est being the 1973 Constitution, which was still planned to be some 15 kilometers wide (about in force until 2012, a year after the onset of pop- 9 miles) and 280 kilometers long (about 174 ular protests against tyranny.22 miles), along the Syria-Turkey border, aiming at emptying the included towns from Kurds. The government started executing the settlement plan in the early 1970s but under a 8.2. Discrimination against Syrian Kurds new terminological cover: for the , the in particular: government substituted “plan to establish mod- el state farms in the Jazira province.” Under this Like other Syrian peoples, Kurds have been new justification, the government would build subjected to serious human rights violations, but “model farming villages” in the Kurdish regions as an ethnic minority, they suffer identity-based and populate them with Arabs. It expropriated discrimination, such as restrictions on the use of the lands on which it built these ‘model farms’ Kurdish language and on practicing Kurdish cul- from Kurdish owners, either under the guise of 23 ture. land reform or because the owners were Kurds Despite being the second largest ethnic whose citizenship had been withdrawn in 1962 24 because they had failed to prove their residency group in Syria after Arabs , Kurds’ language is 27 not recognised as an officiallanguage in Syria, as under that year’s census. the dissemination of materials in theKurdish lan- In 1975 the government resettled an es- guage has been banned since 1958, the banning timated 4,000 Arab families whose own lands of its use as a teaching language in schools and had been submerged by the of the universities was reaffirmed by a “secret decree” Tapqa dam on the in ‘model farms’ in issued in 1982, that also provided for its ban in the very heart of the Kurdish region. all official institutions.25 The government suspended the Arab Since the 1950s, Arabisation and Arab na- belt project in 1976 but never dismantled the tionalism have been the founding principles of model villages nor returned the Kurds who had the policies of the successive governments of been displaced from their land.28 Syria, and the Kurdish identity seen as a threatto the unity of Arab Syria.26 To date, Kurds have been still banned from practicing certain professions, receiving the The Ba’ath party, taking over power in 1963, aid provided to Arabs, and to celebrate Kurdish kept denying Kurdish identity in the guise of holidays. Despite sharing repression, religion strengthening Arab nationalism, by settling- Ar and race, the Syrian Kurds are still unable to form abs in the Kurds’ traditional place of residence. strong political parties of mass attraction. They In 1965, it also designed an Arab belt, a cordon currently have at least fourteen parties, most of 22 Nael Georges, “The Kurds and the Syrian system”, which are marginal, led by one man, the leader, Suwar Magazine, 27 June 2018. (Last visit: 5 August who makes most the decisions.29 2018). http://www.suwarmagazine.org/details/%D8%A 7%D9%84%D8%A3%D9%83%D8%B1%D8%A7%D8%AF- 27 To know more about the Arab belt and the names %D9%88%D9%85%D9%86%D8%B8%D9%88%D9%85%D of the Arabic towns included, please read the follow- 8%A9-%D8%A7%D9%84%D8%AF%D9%88%D9%84%D8 ing references: Salih Mirani, The policy of national %A9-%D8%A7%D9%84%D8%B3%D9%88%D8%B1%D9%8 discrimination and the campaigns of Arabization of the A%D9%91%D8%A9/1147/category_health.html . existinggovernment in Kurdistan – Syria, 7 August 1928 23 Syria: “Kurds in the Syrian Arab Republic one year - 5 October 2008”, historical and political study. Center after the events of March 2004 “, Amnesty International, for Kurdish Studies and Documents Conservation / Duhok public document, 28 February 2008. (Last visit: 7 Au- University, First Edition 2009. gust 2018). https://www.amnesty.org/download/Docu- 28 Syria: “Group Denial; Repression of Kurdish Politi- ments/88000/mde240022005ar.pdf cal and Cultural Rights in Syria”, Human Rights Watch, 24 Ibid. 26 November 2009.(Last visit: 5 August 2018). https:// 25 Ibid. www.hrw.org/report/2009/11/26/group-denial/repres- 26 Syria: “Group Denial; Repression of Kurdish Politi- sion-kurdish-political-and-cultural-rights-syria cal and Cultural Rights in Syria”, Human Rights Watch, 29 Barak Barfi, The Fractious ’s Kurds, 26 November 2009 (Last visit: 5 August 2018). https:// The Washington Institute, 18 December 2013.(Last visit: www.hrw.org/report/2009/11/26/group-denial/repres- 6 August). https://www.washingtoninstitute.org/ar/poli- sion-kurdish-political-and-cultural-rights-syria cy-analysis/view/the-fractious-politics-of-syrias-kurds

12 Syrian Citizenship Disappeared

The 1962 census was part of discriminato- Decree 193 describes the procedure to ob- ry policies against Syrian Kurds pursued by suc- tain legal authorisation. This entailed a request cessive Syrian governments, before and after to the administration of the Ministry of Agricul- conducting it. The Syrian senior lieutenant Mo- ture, that will refer the proposal to the Ministry hammed Talib Hilal published in 1963 a booklet of Defence, that will, in turn, approve or decline entitled A Study of the Jazira Province from Na- it. The Ministry of Interior then sends it to the tional, Social and Political Aspects, in which he intelligence security services for checking. Then, proposed the internal displacement of Kurds, the Minister for Agriculture passes a decree in their marginalization, changing their civil re- respect of the request of the person who wants cords, blocking their work opportunities, or pit- to modify or transfer his rights, and decides on ting them against each other.30 any further stages that need to be completed. A negative reply is unequivocal, and is not subject to recourse to any review or appeal.33 8.3. Other property-related policies The process of obtaining a licence, according to have further complicated the Kurdish Decree No.193, takes no less than a year, not issue in Syria mentioning efforts and money, which makes the Kurdish activists and politicians keep echo- ownership of an agriculture land in this province 34 ing that the exceptional census was part of an virtually impossible. elaborate plan to reduce Kurdish presence in In 2004, Act 41 replaced the 1952 Decree 193, Syria along the border in major population cen- but maintained the same approach, and provid- tres. The first decree that put restrictions on the ed that the punishment for offending parties will constitutional right to own property is the Leg- be up to two years imprisonment and a fine of islative Decree No. 193 of 1952, passed on the 100,000 Syrian Pound35. Syrian Kurds hoped for grounds of the risks that arise from people sus- its abolition. On the 10 September 2008, and pected to have property adjacent to the border, without any mention in the official journal, -Leg and to ensure the safety of the State. Article 1 islative Decree No. 49 amended the regulation, prohibits the building, transferring or amending preventing reconstruction without municipal li- of the land located in the border areas. This in- cence. Ironically, the municipality could not de- cludes leasing, joint ventures or contracting for liver the licence without a decision by the court, agricultural investment for longer than three 31 the same court having no jurisdiction to statute years. A special decree followed, to redefine on land property, therefore leaving the licence the border area and include the town of al-Has- virtually impossible to obtain.36 saka. This obliged everyone to have the licensing for these transactions.32

30 The senior lieutenant Mohammed Talib Hilal, “ A Study of the Jazira Province from National, Social and Political Aspects,” published by the Amouda Center for Kurdish Culture. (Last visit 11 August 2018). http://www. amude.net/erebi/mihemed-taleb-hilal-lekolin.pdf; See: Houshneek Ousi, “The Kurdish Political and Cultural Life in Syria, 1898-2017 (1)”, The Kurdish-Swedish Center for Studies, 6 January 2018. (Last visit: 11 August 2018). https://www.nlk-s.net/%D9%87%D9%88%D8%B4%D9%8 6%D9%83-%D8%A3%D9%88%D8%B3%D9%8A-%D8%A7 %D9%84%D8%AD%D9%8A%D8%A7%D8%A9-%D8%A7% D9%84%D9%85%D8%AF%D9%86%D9%8A%D9%91%D8 %A9-%D9%88%D8%A7%D9%84%D8%B3%D9%8A%D8%A 7%D8%B3%D9%8A%D8%A9/ 31 The legal committee of Yekîtî Kurdish Party in Syria, “Legislative Decree No. 49 issued on 10/9/2008 and its historical and practical backgrounds,its effects and objec- tives”, Welatê Me, Sunday 12 October 2008. (Last visit: 6 33 Ibid. August 2018) http://www.welateme.net/erebi/modules. 34 Ibid. php?name=News&file=print&sid=4540 35 Ibid. 32 Ibid. 36 Ibid.

13 Syrian Citizenship Disappeared

9. The implementation of the census:

STJ gathered testimonies to understand the con- ditions surrounding the implementation of the 1962 census.

9.1. Carelessness and arbitrariness: In an interview conducted by STJ, an elderly Syrian Kurd recalled the mechanism of conduct- ing the census and the work of committees in charge: “I was 15, living in Amuda, al-Ha- sakah after I left my hometown in Tel Hamees countryside, southern Qamishli, with my family seeking work. I remember how the committees were bouncing from one house to another accompanied with the mukhtar who dictated what they should write.”37

The same witness went on to tell that some registered families were later shocked to discover they had been categorized under ajan- ib al-Hasakah (al-Hasakah foreigners), while in other families brothers were classified differ- ently, some being registered citizens or ajanib, and others not being registered at all. The latter would become known later as Maktoum al-Qa- yd38. Farhan Hasan Ismail, a witness, was in his village Sarmassakh, about 83 km southern Qa- mishli, al-Hasakah, with his six-member family when the census was carried out in 1962:

“I remember when the state agents came to us and wrote our names on their record books, accompanied by the mukhtar. Sometimes, relatives of the landowners would join in order to prevent people they called “peas- Legislative Decree No. 49 of 2008, attached to ants” from benefiting from agricul- a report entitled: “Legislative Decree No. 49 of tural land.”39 10/9/2008: historical and practical background, 37 The interview with was conducted by one of STJ field effects and objectives”; prepared by The Legal researchers, in Qamishli/Qamishlo on 25 July 2018. The Committee of the Kurdishparty of Yekîtî in Syria. witness asked for anonymity. Photo credit: Welatê Me website 38 A Syrian administrative term that indicatesthe person is unregistered in the official records. 39 The term “peasant”, then, intended to mean that they

14 Syrian Citizenship Disappeared

Ismail recalled that the census committees were Mustafa Ouso, lawyer emphasized that composed of only two persons, who maintained the “exceptional census” was part of the policy that they were carrying out a new one because followed by the then ruling political system, the 1960 census had not achieved its objectives based on racist foundations and on recommen- that was why.40 dations issued by an officer of the Syrian secu- rity apparatus Mohammed Talib Hilal, in which he targeted Syrian Kurds, specifically of al-Jazira 9.2. A Cigarette pack in exchange for a region. Ouso argues that statelessness is not only a legal, but also a political issue. Regarding citizenship! the context in which the census was conducted, A Syrian Kurd who witnessed the census in Ouso said: 1962, said to STJ through an online interview: “The special census was carried out in “I remember well when the census an arbitrary manner by the commit- committees came to our village in tees themselves. Thousands of Kurd- Amuda countryside. I was 12. They ish families were stripped of their asked people many questions related Syrian nationality as a result, includ- to their origins, and we were shocked ing men who had served in the Syrian later to discover we had been regis- army. Plus, the census was conduct- tered as ajanib. I think that carrying ed in whole al-Hasakah in one single out such census was a very political day. Based on these facts, the Syrian issue, since the Kurds were the only Kurdish movement has been calling targeted group. Plus, later, Syrian Ar- for a comprehensive solution of the abs could resolve their legal status, problem, which could be a new Nat- while the Kurds could not. The cen- uralization Act. It is important to say sus was conducted in an arbitrary that there are no accurate number of and discriminatory manner, as the maktumeen, which may have be de- makhateer41 were biased in favor of fined few years following the census, some ethnic groups and against oth- but now, after the passage of many ers, while the work of the committees decades on this disaster, the numbers in charge was baseless. I can remem- increased significantly given the high ber that some people who bribed number of births in al-Hasakah prov- officials managed to keep their citi- ince. However, according to unoffi- zenship.A person was registered as cial statistical data the 1962 census a citizen after buying the committee created at least 75,000 maktumeen, personnel a cigarette pack. People out of a total of 120 to 150 thousand were registered either citizens, ajan- stateless at the time. The number of ib, maktumeen, or not registered ajanib exceeded half a million as of at all. There was actually such clas- 2011, according to sources within a sifications before the 1962 census, Personal Status Department in the during the process of distributing ag- Syrian-Turkish border areas.” 42 ricultural land , which was dominat- ed by patronage, discrimination and 43 For Ouso, stripping Kurds from their Syrian citi- aimed at political ends.” zenship lacked any legal basis.44 came from Turkey. There were, however, doubts that mas- sive migration of Kurds from Turkey to Syria had already taken place. The interview was conducted by one of STJ since he lives in Qamishli/Qamishlo, al-Hasakah province, field researchers, in Qamishli/Qamishlo on 25 July 2018. where the authorities continue to systematically suppress 40 According to information published by The World freedom of opinion and expression just like in other Bank, the Syrian population in 1960 was 4,573,512, See: Syrian regions. The interview was conducted on 6 August https://data.worldbank.org/indicator/SP.POP.TOTL?loca- 2018. tions=SY (Last visit: 6 August 2018). 44 Mustafa Ouso, a lawyer from al-Hasakah, graduated 41 Sing. Mukhtar; the head of a neighborhood or a small from the Faculty of Law at the University of , he town or village. became a member of the Syrian Bar Association in 1992 42 For further details, see: “Agrarian Reform Law No. and has volunteered for many years to defend political 161 of 1958”; http://parliament.gov.sy/laws/Law/1958/ and conscience prisoners in Syrian prisons. In addition to structure_12.htm (Last visit: 6 August 2018). his political activity in the Kurdish political movement in 43 The witness asked for anonymity for security reasons, Syria for many years, through which he served as secre-

15 Syrian Citizenship Disappeared

10. Categories resulting ofthe 1962 census

1. Kurds enjoying the Syrian nationality; 2. Kurds deprived of citizenship, registered in the official records as foreigners; 3. Kurds deprived of citizenship, unreg- istered in the civil status official records and referred to as Maktoum al-Qayd.

Among the figures stripped of their nation- ality were Tawfiq Nizam Eddin, a former commander, and his brother Abdel Baky Nizam Eddin, who held several ministerial posi- tions between 1949 and 1957.45 The special red identity card issued for ajanib al-Hasakah Photo credit: STJ

tary of the Partiya Azadi Kurdi in Syria at the end of 2011. He represented the as deputy chairman of The National Coalition for Syrian Revolution and Opposition Forces for two consecutive terms between 2015 - 2016. He is currently residing in after he left Syria following a decision to turn him into a “count- er-terrorism court”. The interview was conducted online in late July 2018. 45 The Major General Tawfiq Nizam Eddin a former Syrian army commander and one of the Syrian national leaders, born in 1914. Joined the military college in 1932. In 1945, along with some of his fellow officers, Tawfiq moved the nucleus of the Syrian army to Al Bukamal and declared its separation from the French army from there. In 1947, he was appointed head of the Third Division of the General Staff in Damascus, and he was one of the six colonels who carried out a coup against Sami al-Hinnawi in 1950 and stopped attempts to annex Syria to Iraq under the British mandate. He resigned in 1952-1954 from the army, under Adib Al-Shishakli, who pursue monolithism. Source: “The funeral of the Major General Tawfiq Nizam Eddin in Damascus”, al-Hayat Newspaper, 30 Decem- ber 1998; http://www.alhayat.com/article/944261 (Last Identification certificate issued by the visit: 6 August 2018). Ja’afar al-Yasiri “Foreigners of Syria (Bidoon)… the Ticking Bomb”, Elaf website, Mukhtar for maktumeen Saturday 29 December 2007; https://elaph.com/Web/ Photo credit: STJ AsdaElaph/2007/12/291884.html?sectionarchive=As- daElaph (Last visit: 6 August 2018).

16 Syrian Citizenship Disappeared

The stateless issue was also raised doz- 11. Steps preceding the 2011 ens of times by journalists who held direct meet- ings with Syrian officials, activists and Kurdish Decree No. 49 granting nation- parties. On 27 December 2005, journalist Ser- ality to ajanib: dad Ak Inan, from Turkish Sky News T.V. Station, held a meeting with President Bashar al-Assad:

The Kurdish movement in Syria46 contin- Is there also a change in the Syrian vision with ues to raise the statelessness issue in national regard to the Kurdish problem in Syria? and international forums, through petitions or sit-ins in Syria and around the world. On 8 June The answer was: 1990, independent Kurdish deputies in The Peo- ple’s Assembly Abdelhamid Darwish, Kamal Dar- “The Kurds are an integral part of the wish and Fouad Aleko, collected signatures of 44 social structure in our region. This MPs on a petition requesting the inclusion of the issue must be taken into consider- statelessness issue in the general debate. On 10 ation. But we have to separate- be March 1992, 32 MPs signed a petition addressed tween terrorist operations or extrem- to the then President “Hafez al-Assad”, demand- ist parties from the Kurdish problem. ing the lifting of the injustice that had befallen Terrorism must be dealt with sep- stateless Syrian citizens. In 2000 the “Kurdish arately in any society. The second Parties Forum” in Syria made a petition tothe point concerning the Kurdish prob- ninth Syria’s ruling Baath Party regional confer- lem in Syria is a technical one and it ence calling for resolving the ajanib and maktu- is related to the 1962 census in Syria. meen legal status. On 18 August 2002, dozens of This census was not accurate from stateless Syrian Kurds gathered in front of the the technical point of view. There Ministry of the Interior. The same year, others was not, in essence, a political prob- held a sit-in at the People’s Assembly. Dozens of lem towards the Kurdish question. other activities and hundreds of political- semi We, in Syria, try to solve this problem nars took place in that regard.47 technically. But everything relating to this question must be based on a Subsequently, harassment of Syrian national basis and on the history of Kurds increased after they staged large-scale Syria which did not change since in- demonstrations, marred by violence, throughout dependence and will not change in northern Syria in March 2004. The Syrian author- the future.”50 ities responded to the protestsusing lethal force, killing at least 36 people and injuring more than 160. More than 2,000 people, were arrested and Under President Bashar al-Assad, the widespread reports of torture and ill-treatment 48 Syrian government’s attitudes towards the state- of detainees emerged. lessness and the 1962 census issue are confus- The tenth Syria’s ruling Baath Party re- ing, as the President briefly re-mentioned them gional conference, held on 6-9 June 2005, rec- in his inaugural speech at the People’s Assembly ommended the offset of the 1962 census con- on Wednesday, 18 July 2007: sequences, as well as the development of the Eastern Region/al-Jazira.49 46 As mentioned previously, the first Kurdish party in Syria was declared in 1957. 47 For more info, read: Faisal Yusuf, “The 1962 Ex- ceptional Census in Al-Hasakah Province, A Stark ence, 6-9 June 2005, Baath Arab Socialist Party: National Violation of the Rights of Citizenship”, The Civilized Leadership, for more info see: http://www.baath-par- Dialogue, 9 August 2003; http://www.m.ahewar.org/s. ty.org/index.php?option=com_content&view=arti- asp?aid=9104&r=0 (Last visit: 6 August 2018). cle&id=117:117&catid=34&Itemid=306&lang=ar 48 Syria: “A Wasted Decade; 50 President Bashar al-Assad giving an interview to during Bashar al-Asad’s First Ten Years in Power”, Hu- the Turkish Sky News T.V. Station, source: Syrian Arab man Rights Watch, 16 July 2018; https//:www.hrw.org/ News Agency - SANA. Damascus, 27 December 2005. report/2010/07/16/wasted-decade/human-rights-syria- For more info see: http://www.presidentassad.net/index. during-bashar-al-asads-first-ten-years-power (Last visit: php?option=com_content&view=article&id=115:presi- 3 August 2018). dent-assad-turkish-tv-interview-december-28-2005&catid 49 The concluding statement of the tenth regional confer- =97&Itemid=468

17 Syrian Citizenship Disappeared

“There is the 1962 census issue, which has to do with the fact that 12. The 2011 Decree No. 49 : the Syrian nationality was given to members of a family and not to oth- ers, although they were entitled to Following the onset of peaceful protests it. There is also those who are not in Syria, which demanded sweeping reforms in registered in the civil register. At that the country, Decree No. 49 was issued on 7 April time they were considered part of 2011, and was announced on the official -web the same problem. Those are peo- site of The Syrian People’s Assembly under the ple of different nationalities living title “Granting Syrian Arab Nationality to those ajanib 52 in Syria who do not exist on Syrian Registered as in al-Hasakah”. The decree records, which means that it is a dif- states: ferent issue. There were those who mixed the 1962 census issue with Article 1: individuals who are registered as the non-registered persons issue. ajanib in the al-Hasakah province shall be There were also persons of differ- granted Syrian nationality.53 ent nationalities, mostly Kurds, who came to Syria from Turkey or Iraq for Article 2: the Minister of the Interior shall economic, political, security or other issue the decisions containing the executive causes. We have nothing to do with instructions to this decree. this issue. We are talking about the census. Recently work was complet- Article 3: This decree shall enter into force ed on the technical aspects of the on the day of its publication in the Official 51 law.” Journal.

Several months after the issuance of De- cree No. 49 of 2011, a ministerial decree nation- alizing maktumeen was reported. The Personal Status Department employees, however, told the submitters that it was not yet in effect, and they actually didn’t know which department would take it over.

52 Many Syrian Kurdish politicians and activists be- lieved that the decree timing was intended by the gov- ernment to have the Kurds on its side or at least to apart them from the then protests. “Presidential Decree No 49 of 7 April 2011, granted Syrian citizenship to the Kurdish 51 The inaugural speech of President Bashar al-Assad, population registered as foreigners in the al-Hasakah prov- on 18 July 2007, during which he said: “As for me, I shall ince”, Syrian Parliament website, 7 April 2011. For more info see: http://parliament.gov.sy/arabic/index.php?nod remain as you have known me, one of you, I work for e=201&nid=4451&RID=-1&Last=10058&First=0&Current- you, I drink with you from the spring of patriotism and Page=12&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&S- pan-Arabism and breath the blessings of God and the peo- Date=&EDate=&Year=&Country=&Num=&Dep=-1& (Last ple.”, al- Jamahir newspaper, issue, 12388. For more info visit: 6 August 2018). see: http://jamahir.alwehda.gov.sy/node/322621 53 Ajanib means foreigner in Arabic

18 Syrian Citizenship Disappeared

On 21 September 2011, the official Syr- 13. Statelessness in ian media outlet published new statements by Jalali, announcing that more than 104 000 Kurds numbers, from 1962 to had applied for citizenship while 60 000 Kurds 57 date: had received identity cards. On 29 December 2011, Al-Thawra offi- cial newspaper quoted Jalali and disclosed that , the officialSyrian media On 13 July 2011 105 152 applications for naturalisation and 67 outlet published statements of the Assistant Min- 540 for identity cards had been received, and ister of Interior for Civil Affairs, Brigadier General the number of people who received the identity Hasan Jalali. According to him, the Civil Registry cards 67 525. 58 Offices had received 37 904 applications to date, each application covering the entire family of the A well-informed source within the Direc- applicants.54 torate of Civil Affairs in al-Hasakah, who asked for anonymity for security reasons, gave STJ an He added that 21 993 identity cards had beende - exclusive interview, in early August 2018, and livered , and noted that the Civil Registry offices provided numbers and facts concerning the in Qamishli, al-Malikiyah/Derek and Ad Darbasi- maktumeen and ajanib issues: yah were all overcrowded with people applying for citizenship. “The services of the Personal Status Directorate in al-Hasakah covers the Jalali described the new facilitations and whole province, and its records and services initiated as a result of the completion of documents are central and archived the automation of the civil registration and re- at the beginning and mid of each cords project , one of the biggest and most im- year. There are 16 Civil Registry of- portant IT projects in Syria that aims at storing fices throughout the province. They civil registers of all Syrian citizens, listed in the 55 are affiliated to the Central Direc- civil records since the 1922 . torate, which in turn follows the Civil On 14 August 2011, the published new Affairs Agency in the Ministry of In- statements by Jalali, revealing that 41 706 appli- terior which is directly linked to the cations had been received to date, and 36 498 Minister of Interior through the As- identity cards delivered, pointing out that each sistant Minister of the Interior for civ- application covers the entire family of the appli- il affairs, who leads the Civil Affairs cants.56 Agency”.

54 Al-Hasakah province has 16 Civil Registry Offices, which are affiliated to the central directorate of -Haal - Regarding the stateless Kurds numbers, sakah, which in turn follows the Civil Affairs Agency, 346 242 of them were registered as ajanib al-Ha- headed by the Assistant Minister of the Interior for civil sakah as of the beginning of 2011. After the issu- affairs. For more info see: “The Organizational structure ance of the 2011 Decree No. 49, the Directorate of the Civil Registry Directorate”, Civil Affairs Agency of the Syrian Ministry of Interior, Thursday, 12 Octo- parliament.gov.sy/arabic/eindex.php?node=55112&- ber 2007. http://www.civilaffairmoi.gov.sy/site/arabic/ cat=906&nid=906&print=1 (Last visit: 6 August 2018). index.php?node=5518&cat=14768& (Last visit: 11 57 Directorate of Civil Affairs: “Equipping Headquarters August 2018). According to a study published by the for the Registry of Governors residing in Damascus”, Ak- , the average Syrian family (rural or urban) salseer, Wednesday 21 September 2011, see: http://www. consists of (5.0) persons; about (208530) individuals aksalseer.com/?page=view_news&id=4ca77a3f414d- applied for the Syrian nationality as of August 2011, only 7f48af12bc16ae15c092 (Last visit: 6 August 2018). four months after the issuance of Decree No. 49 of 2011, 58 Assuming that each application covered five fam- in April. Read: a study entitled “Family Health Survey in ily members (the average members of a Syrian family the Syrian Arab Republic 2009”. See: http://www.cbssyr. according to independent studies, mentioned above), sy/family%20health/Syria%20Survey%20Principal%20Re- the number of individuals included in all applications port%20For%20Syrians.pdf (Last visit: 6 August 2018). is (105 152), while (525 760) others submitted individ- 55 Ministry of Interior: “increased numbers of national- ually. “105 152 naturalization applications and 67 525 ization applications by ajanib al-Hasakah”, 13 July 2011, given identity cards… Regularizing the nationalized’ see: http://www.ortas.gov.sy/index.php?p=21&id=76397 conscription status”al-Thawra newspaper, Thursday, 29 (Last visit: 6 August 2018) December 2011 http://thawra.sy/_print_veiw.asp?File- 56 The Syrian Parliament publications, issue 28, The Name=32599405720111229004034 Syrian Parliament, Sunday, 4 August 2011.See : http:// (Last visit: 6 August 2018).

19 Syrian Citizenship Disappeared and departments of Civil Status Affairs began to receive tens of thousands of applications for the der Decree No. 49 of 7 April 2011, will be acquisition of citizenship from both ajanib and conscripted as soon as the law comes into maktumeen. By the end of May 2018, 326 489 force. ajanib had acquired the Syrian nationality, while Article II: All those born in 1993, who were 19 753 of them remained stateless for many rea- sons, such as living abroad or losing their docu- covered by Article I, may be granted one- ments fully. « year postponement, beginning from the date of the issuance of this decree in or- maktumeen With regard to , the same der to regularize their conscription status. source denied the Syrian government’s allega- tions on its lack of knowledge of their numbers: Article III: The naturalized Kurds born before 1993 will be exempted “The Directorate of Civil Status Af- from military service and written off. fairs in al-Hasakah used to rely on Article IV: The present Decree will come the records of the makhateer during into force on the date of its issuance.59 the previous decades, who were re- sponsible for issuing identification certificates for the maktumeen. The number of maktumeen, has reached more than 171 300 as of 2011, 50 400 of whom obtained Syrian nationali- ty after resolving their legal status by becoming ajanib and then Syri- an citizens. However, some 41 000 maktumeen were unable to rectify their legal status owing to problems encountered by the personal status department during the registration process, and there are still almost 5 000 people who choose not to sub- mit, mostly immigrants.”

The IDs the ajanib al-Hasakah received were marked by the inclusion of the number 8 after the registration number: to read 8/xx.

14. The naturalized Kurds and the exemption of the military service: Photo of the military booklet of a man who was born in 1983 and written off in January On 29 December 2011, al-Thawra official 2012, with “He was written off under the 105 152 newspaper published a report entitled Presidential Decree No.149of 22 December naturalization applications and 67 525 identity 2011” written on it. cards given: Regularizing the nationalized’ con- scription status. The report included the details Photo credit: STJ of the Presidential Decree No. 149 of 24 Decem- 59 105152 naturalization applications and 67525 given ber 2011, which stated: identity cards…Regularizing the nationalized’ con- scription status”al-Thawra newspaper, Thursday, 29 Article I: Every Kurdish man of eligible December 2011 http://thawra.sy/_print_veiw.asp?File- age (born in 1993 or thereafter), who was Name=32599405720111229004034 granted the Syrian Arab nationality -un (Last visit: 6 August 2018).

20 Syrian Citizenship Disappeared

In September 2013, during the weekly It became one of the first rights to be cabinet meeting, the Syrian Council of Ministers proclaimed, as part of the 1948 Universal Decla- ratified a “draft law to exempt those who were ration of Human Rights (UDHR), the elementary granted the Syrian nationality -according to the human rights instrument encompassing gener- provisions of Legislative Decree No. 49 of 2011 on granting the Syrian nationality to the Kurds- al principles of law, and the 1966 International from the 5-year period condition to acquire the Covenant on Civil and Political Rights (ICCPR) citizenship”.60 later reaffirmed the rights for children - toac quire a nationality. Regional instruments joined the movement and enshrined the right to a na- tionality, such as the 1969 American Convention on Human Rights or the 2004 Arab Charter on 15. Between two decrees, Human Rights (ACHR).62 Two international con- 49 years of continuous agony: ventions address statelessness in particular, the 1954 Convention Relating to the Status of State- less Persons, and 1961 the Convention on the 15.1 The right to a nationality Reduction of Statelessness. The prohibition of arbitrary deprivation of nationality, that is based on discrimination, is Everyone has the right to a nationality. therefore considered a general principle of inter- No one shall be arbitrarily de- national law.63 prived of his nationality nor denied In its 1996 report, Human Rights Watch the right to change his nationality. demonstrated the arbitrariness of the campaign of denationalisation, that was part of a broader Article 15 Universal Declaration of Human campaign of arabisation of northeast Syria by Rights successive Arab nationalist governments. The conditions of the census, presented as aiming Everyone has the right to nationality. No at “eliminating alien infiltrators” from the- civ one shall be arbitrarily or unlawfully de- il registers, reveal that the procedure was used prived of his nationality. to deprive large numbers of Syrian Kurds from their nationality. The census was, indeed con- Article 29 Arab Charter on Human Rights ducting in the Al Hasakah province, known for being home of a large , and required residents to prove that they had lived in Syria at least since 1945 during a single day, 15.1.1 The right to a nationality, a basic meaning that anyone not being able to join was human rights systematically deprived of their nationality. Ad- ditionally, the level of documentation required The concept of nationality emerged with to certify one’s nationality went to such extent the rise of , traditionally dated that it constituted obstacles to their registra- back to the 1648 Peace of Westphalia, as a result 62 Article 5 of the International Convention on the of the rise of international order. First meant to Elimination of All Forms of Racial Discrimination (1965), Article 7 of the Convention on the Rights of the Child regulate relationships between states, national- (1989), Article 29.1 of the Arab Charter on Human Rights ity started impacting individuals only later, with (2004) the rise of human rights.61 63 Alice Edwards, “The meaning of nationality” in 60 Sawsan Zakzak,”Kurds of Syria 1962-2011: The Nationality and statelessness under international law eds Long Road from Census to Citizenship”, Legal Agenda, Alice Edwards and Laura van Waas (Cambridge: Cam-� 30 December 2015, see: http://legal-agenda.com/en/arti- bridge University Press, 2014);Jorunn Brandvoll, “Depri-� cle.php?id=3117 (Last visit: 6 August 2018). vation of nationality: Limitations on rendering persons 61 Alice Edwards and Laura van Waas, “Introduction,” stateless under international law,” in Nationality and in Nationality and statelessness under international law statelessness under international law eds Alice Edwards eds Alice Edwards and Laura van Waas (Cambridge: and Laura van Waas (Cambridge: Cambridge University Cambridge University Press, 2014) Press, 2014)

21 Syrian Citizenship Disappeared

their right to an education. Later, stateless are tion.64 The report reveals that among families, prevented from exercising the profession they brothers presenting the same situation ended would aspire to. Deprived of their nationality, up being classified differently, or that families they cannot endorse public functions, and - de paying bribes were able to influence the fate of nied the certification of classes they have none- their situation.65 With only a few exceptions, the theless pursued, they cannot access positions in census resulted in only Kurds being deprived of their field. their nationality, reinforcing the discriminatory and arbitrary character of the policy.66 Their right to property is also denied, as

well as the right to travel and exercise political

rights such as voting or being elected. 15.1.2 Nationality as a prerequisite to

claim human rights Ultimately, not only are the rights of stateless people violated, but also their mere Although international human rights are participation in the society jeopardised by their theoretically universal, states implement these status. civil, political, economical, cultural and social rights, and most of the time decide to limit their The 2011 Decree No. 49 aims at grant- benefit to their citizens. Thus, French - lawre ing the nationality to stateless, but none of the serves the right to vote to French nationals over texts, annexes or commentaries indicates any 18. But while being a foreigner can impact one’s form of financial or moral reparation for the exercise of their theoretically universal human people harmed between 1962 and 2011, or rights, being deprived of any citizenship, and doc- mentions any procedure that the Syrian Kurds, umentation, goes beyond this point, and threat- either ajanib or maktumeen, could refer to in ens the mere existence of stateless. The inability their countries of asylum, in case they wished to to prove one’s identity impacts every aspect of resolve their legal status. Tens of thousands of stateless people’s life, from their childhood to maktumeen and ajanib have migrated to several their right to transmit their land and property to countries seeking better lives, and have encoun- their heirs. Nationality is therefore an elementa- tered difficulties when it came to proving their ry prerequisite for rights holders to exercise their legal affiliation to Syria. Maktumeen, however, human rights, leaving stateless people unable to remained the most aggrieved, tens of thousands enjoy them.67 As such, the right to a nationality of them still being deprived of their Syrian na- can be understood as the essential rights among tionality. all.

Our study explores this aspect of state- lessness, and reveals how the lack of nationali- ty prevents rights holders from exercising their 15.2. A Glimpse of the Rights Which the rights at all stage of life. From an early age, chil- Stateless Are dren in school are discriminated on the basis Deprived of of their statelessness, resulting in the denial of Unlike citizens enjoying Syriannationality, 64 Zahra Albarazi, The Stateless Syrians (Tilburg: Kurds who were stripped of their citizenship un- Tilburg Law School Legal Studies Research Paper Series, 2013) der the 1962 special census, have been deprived 65 Syria: the silenced Kurds. : Human Rights of their basic civil, political, social, and economic Watch, 1996, accessed September 2018. https://www.hrw.org/ rights. Some of them lived and died stateless, in sites/default/files/reports/SYRIA96.pdf the absence of any birth or death certificate -ac 66 Stateless Kurds in Syria: Illegal invaders or victims of a nationalistic policy?. Berlin: European Center for Kurdish Studies, 2010, accessed knowledging their existence. September 2018. http://www.kurdwatch.org/pdf/kurdwatch_staaten- lose_en.pdf For Ashraf Sino, lawyer, the most accu- 67 Jack Donnelly, Universal Human Rights in Theory rate denomination is “the nationality-stripped and Practice (Ithaca: Cornell University Press, 2013)

22 Syrian Citizenship Disappeared people.”68 He objects to the term “stateless,” ex- plaining that the census conducted in the Kurd- (b) Secondary education in its differ- ish regions deliberately ignored the existing na- ent forms, including technical and voca- tionality of tens of thousands of Syrian Kurds: tional secondary education, shall be made generally available and accessible to all by “The stateless have been deprived of all their rights, including the right to every appropriate means, and in particu- register their marriage, the right to lar by the progressive introduction of free own property, the right to education, education; the right to have a decent housing, (c) Higher education shall be made the right to travel abroad, the right to equally accessible to all, on the basis of travel by plane, and the right to stay capacity, by every appropriate means, at hotels as well. I have met many of and in particular by the progressive intro- them who were stripped of their na- duction of free education; tionality while showing Syrian docu- ments they had gotten before 1962, Article 13 International Covenant on Eco- including identity cards, military ser- nomic, Social and Cultural Rights vice book and property deeds.”69 1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, 1.2.15. The Stateless and the Right to Education in particular: (a) Make primary education compul- Everyone has the right to education. sory and available free to all; Article 26 Universal Declaration of Human (b) Encourage the development of Rights different forms of secondary education, including general and vocational educa- 1. The States Parties to the present Cov- tion, make them available and accessible enant recognize the right of everyone to to every child, and take appropriate mea- education. (…) sures such as the introduction of free edu- 2. The States Parties to the present Cove- cation and offering financial assistance in nant recognize that, with a view to achiev- case of need; ing the full realization of this right: (c) Make higher education accessible (a) Primary education shall be - com to all on the basis of capacity by every ap- pulsory and available free to all; propriate means; Article 28, Convention on the Rights of the 68 Ashraf Sino worked as a volunteer lawyer to defend Child the prisoners of conscience in the ordinary tribunals as well as the exceptional ones, i.e. the military courts and the State Security Court, in Syria for many years. Since 200, he has worked on human rights through his work at The right to education is fundamental to the Committees for the Defense of Democracy Freedoms the fulfilment and exercise of all rights. By pro- and Human Rights in Syria, and he established, along with viding citizens, from a young age, with the nec- several activists, the Kurdish Organization for Human Rights in Syria (DAD), which is still active within Syria. essary resources to think critically, schools are He has been living in Germany since 2015. The interview essential to the fulfilment of democratic ideas. was conducted via the Internet on July 31, 2018. Educated citizens are more aware of their rights 69 In Syria there is a military ID and a military service and of the way to exercise them. On the other book. When reach the age of 18 years old, all males go hand, education gives pupils and student the to the general recruitment agency, where they are inter- viewed, they have their photo taken, and they undertake potential to seek fulfilling jobs, in line with their blood tests, among other procedures. They are then issued ambitions, contributing to their personal devel- a military service book. Even those who will end up opment. exempt from service for any reason” receive the military service book, within which their exemption will be written and stamped.

23 Syrian Citizenship Disappeared

Syria is a state party to the Universal Dec- 2.2.15. Live Testimonies of the Stripped of laration of Human Rights, International- Cove Nationality/the Stateless on the Right to nant on Economic, Social and Cultural Rights and Education the Convention on the Rights of the Child, all of the providing for a right to education. Addition- ally, certain aspects of the right to education, in- Aziz Pirro was born in Qamishli city in cluding the right to free and compulsory primary 1973. Married with two children, he is still mak- education, and the right not to be discriminated tum despite his numerous attempts to gain the against in the enjoyment of educational rights, Syrian nationality. Among all the hardship he are now considered as customary international experienced as a result of his statelessness, not law.70 being able to complete his education is the most Our research demonstrates, however, painful for him: that stateless people from Syria are deprived of “My father had no documents to their right to an education from an early age. show the census committee so he became maktum, while my uncles ajanib maktumeen The and of al-Hasakah became Syrian nationals. We faced encountered barriers at all stages of their educa- many problems regarding our legal tion. As early as primary school, stateless pupils status. We were also impeded in were requested, to enrol, the approval delivered our academic education. That had a by Political Security after long waits delaying the great impact upon us. I was even not beginning of the academic year. The obstacles allowed to enrol in the seventh grade were more grievous each year and, according to since I was maktum, so I quit school testimonies gathered by STJ, seemed to culmi- for two months until I finally man- nate at university, that they initially had no right aged to convince the head teacher to to join. A 2004 decision allowed them to enrol in complete my education. Once, when universities, but still prevents them from receiv- they refused to enrol me at university ing any certificate. in 1993, I decided to take high-school exams “Baccalaureate” once again, Additionally, the psychological pressure exerted by the surrounding community, the rel- but I remember the words of an em- atives and sometimes the family, had a major ployee: “you should be thankful that impact on the youth. Frequently being told that we have allowed you to take the their future was doomed and of the worthless- Baccalaureate exams one time, how ness to complete their education for a diploma dare you come to register for the sec- they would never obtain, thousands of ajan- ond time.” 71 ib and maktumeen of al-Hasakah dropped out from school and moved to laborious work and Aziz is still lamenting his and his fami- freelance jobs with no labour rights, health in- ly’s situation, none of them having been able to surance or social insurance. complete their education: “Bahzad, my brother, was a superi- or high school student who had top marks among al-Hasakah province, and we tried so hard to make him complete his education, but in vain. I finished law school at the universi- ty but did not get my diploma. I still remember when my colleagues and I went to al-Furat University: we were about 12 students, all of them were 70 Klaus Dieter Beiter, The Protection of the Right to Education by International Law (Leiden: Martinus Nijhoff 71 STJ’s field researcher conducted direct interview with Publishers, 2006) him in late July 2018 in Qamishli city.

24 Syrian Citizenship Disappeared

able to register except me. They all they requested an exception from the continued their way to Aleppo to Ministry of Higher Education, who study at University but I returned refused to grant it to me. My father home disappointed. Imagine how was encouraging me to study, say- such a situation can create aversion ing he would make many attempts in one’s soul.” to help me gain my intermediate degree, but I always felt I my efforts were pointless. I finally managed to Dlo Mohammed, an alias, was born in Ras al-Ein/ obtain my intermediate certificate maktumah Sari Kani in 1993. She states to be after an exception given by the Minis- and her legal status has not changed despite the try of Education, but was not able to issuance of Decree No. 49. She graduated from obtain my high school certificate. My the Faculty of Arts and Human from dream to study at university did not in city in 2016 but re- come true. I still remember students ceived no diploma: gazing at me in contempt whenever “All our life, my extended family, of one of the school’s employees called 30 to 40 individuals, and I have lived me: «hey, ajnabiya!»”73 with no rights at all, no identity card

or any other documents. When I fin- Haytham Haji Hasan, a press photographer, was ished the secondary education, some born in Ras al-Ein/Sari Kani in 1979. He is mar- of my friends and relatives advised ried with three children and is ajnabi. He ac- me not to complete my study, argu- quired the Syrian nationality with the issuance ing it would worthless since I would of the Decree No. 49, after having faced decades be granted no university diploma. of obstacles, especially in the field of education: But my father always supported us and wanted us to get university de- “We went through hell. When I com- grees, believing we would become pleted my intermediate education, citizens one day. He has endured all I tried to obtain the Individual Civ- kinds of misery for that.”72 il Registry Record, which requested an approval paper from the State Security, who in turn asked us to be Najwa al-Mohammed, an alias, was born in informers and report the news of our al-Hasakah city in 1991. She was forced to en- neighbours. A while later, unlike the dure the consequences of the census and be- maktumeen who could obtain noth- ajnabiyah. came Until she managed to acquire ing, I managed to get the Individual the Syrian nationality in 2011, her status heavily Civil Registry Record in addition to impacted her, especially with regards to her ed- the family Civil Registry Record.”74 ucation:

“I was not entitled to complete my ed- Haytham realised that despite him studying hard, ucation. Therefore, I didn’t study fur- he would get no diploma, and it started raising ther than the secondary stage. Plus, tensions between his father and him: we were unable to enroll in schools since we did not extract the Individ- “My father always asked me to com- ual Civil Registry Record from the plete my education but I refused be- Personal Status Department or from cause I had already understood that the Mukhtar of our neighborhood. my future was doomed. Some fami- So, I used to move from one grade to 73 The interview was conducted via the Internet in late another without receiving any certif- July 2018, with the fieldresearcher of STJ who is in Qa- icates. When it came to university, mishli city. 72 STJ’s field researcherconducted direct interview with 74 The field researcher of STJ conducted direct interview her in mid July 2018 in Ras al-Ein/Sari Kani. with him in Qamishli city in March 2018.

25 Syrian Citizenship Disappeared

lies did not even send their children and so did my siblings. We were ab- to school. One of our relatives, a solutely aware that it was worthless. young man, was a superior student The only dream for one of my broth- and was ranked number two among ers was to go to university and he Syria at the high school stage. But he endlessly awaited for our legal sta- received no diploma. Now, I wonder tus to be resolved, until he died. We how such persons could be compen- were deprived of everything. One of sated, who would provide reparation the cruelest experience I’ve had to go for them, some of whom dreams through was when my friends could were broken and hopes shattered.” pursue their education, whilst I was not able to achieve my dream and study English Literature.”76 Siyamand Wahhab Wahhab was born in Ras al- Ein/Sari Kani in 1992. He explained to STJ that he and his family, around 30 individuals, were ajan- Nubar Ismael was born in Qamishli in 1986. He is ib until they managed to acquire the citizenship married with two children and works in the field following the Decree No. 49 in 2011. Siyamand of media. He still hopes to own an official docu- still wishes he had completed his studies and ment recognising his existence and enabling him went to university: to exercise his most basic rights. He recounted77 to STJ the despair he endured being maktum, “I dropped out from school when particularly with regards to his education: I was in eighth grade. My siblings had left school earlier in the primary “The worst barrier I have encoun- school. My father enrolled us in the tered over the years was my inability primary school under a residence to get diplomas certifying the com- permit from the mukhtar. Generally, pletion of all my educational stages. ajanib were not willing to learn, since After all, I succeeded to obtain my they were not entitled to receive any high school Baccalaureate certifi- university degrees. It was normal for cate, but was not allowed to apply ajanib or maktumeen to drop out of for the ordinary university admission school as soon as they learned how so I applied for a “direct admission”.78 to read and write. Only a few of them I studied Translation at Tishreen were completing their academic ed- University in Latakia province. We ucation. The ajanib were deprived of were not entitled to obtain diploma 75 all their social rights.” 76 The STJ’s field researcher conducted the interview via the Internet in late July 2018. 77 STJ’s field researcher conducted direct interview with Venus al-Mohammed was born in Qamishli city him in Qamishli in March 2018. in 1983. The majority of her family are stateless. 78 In Syria, students usually apply for admissions after Her father, her six brothers and her uncles are the Baccalaureate results are issued. In the first admis- maktumeen. This deprived her from all her rights sion, the minimum marks determined in the university branches are included and the students who has passed the and especially her right to an education: secondary stage apply to it. Then the universities sort the files and select the appropriate number based on the num- ber of applicants. In the second admission, the degree of “The ajanib were entitled to com- acceptance in the universities is higher than the first one. The direct admission in this context consists in applying to plete their education until the uni- university directly after the issuance of the second admis- versity stage, unlike the maktumeen sion. The university options for the stateless were limited who were denied education beyond as it was not allowed to apply for institutes or departments the secondary school. For this reason, which the government pledged to employ immediately af- I left school at the intermediate stage ter graduation. Practically, the maktumeen were entitled to enroll at universities only after 2000. Besides maktu- 75 The field researcherof STJ conducted direct interview meen and ajanib were required to sign a paper to disclaim with him in July 2018. their right for obtaining a diploma.

26 Syrian Citizenship Disappeared

in the first place, and it was compli- changed regarding the education cated to even obtain my transcripts and degrees: the majority of maktu- to show it to potential employers. meen and ajanib underwent special When the Syrian conflict began, I procedures at institutes and universi- was in my fourth year at university. ties but I heard that some managed I had to interrupt my studies because to obtain diplomas via mediators and highways were cut off and as a mak- bribes.”80 tum, I was unable to get on a plane.” Abdurrahman Ibrahim Ali was born in Qamishli in 1978 and is married with two children. He is Mohammed Kheir Ayed Ismael was born in 1972 a maktum and his legal status has yet to be re- in Tell Hamis town, in Qamishli. He is married solved. He was not allowed to study the branch with four children. He attempted to resolve his he liked, and still has not come to terms with his legal status in several occasions and acquired situation: the citizenship in 2011. As a stateless, he faced “I travelled once to Damascus and obstacles. In particular, he was forbidden to join stood in front of the Higher Institute the Institute for Railway Studies despite being a for Dramatic Arts. There, I cried unin- superior student. He narrated to STJ:79 tentionally. I was saddened whenev- “I tried to enrol in all institutes but er I would pass by Damascus univer- they refused, so I started to work as sity, seeing students on the campus. freelancer. Then I got married and You only live once, right? I do not witnessed many of my friends be- want my children to be deprived of coming civil servants despite not be- their rights like I have been.”81 ing as hardworking as I am. The same happened with my children. Because ajnabi- I am ajnabi and their mother is a cit- A.M was born in Qamishli in 1981 and is ya izen, they are maktumeen. When we h. She narrated to STJ the obstacles she faced registered our children in schools, especially in the field of education until she- be they always repeatedly asked about came a citizen in application of Decree No. 49 in the IDs. I kept telling them the old 2011: story of my father and the reason for “My grandfather told me that when not having one. My eldest son did not they conducted the special census, complete his education, arguing his they took the IDs of the family under fate would be doomed like mine.” the pretext of issuing new ones, and then they told the family that the IDs

were lost. As a consequence, my fa- Shivan Hussein Amin, a witness who was born in ther became stateless. My mother Qamishli in 1981, was a maktum but in 2005 he was a citizen. I endured a lot of pain, submitted his papers to the Personal Status De- especially regarding education, -be partment and became ajnabi. Following Decree cause in every stage they requested No. 49, he acquired the Syrian nationality and an Individual Civil Registry Record, started enjoying his rights like any other citizen. which in turn required an approval However, he did not complete his study, which from the Political Security Branch, left a negative impact on him: who were always hampering the “In 2005, we became ajanib, so we process. It was quite hard. One day I requested and obtained the Family went to request the Civil Registry Re- Civil Registry Record and the red card cord in order to travel to Damascus. I from the Personal Status Department 80 STJ’s field researcher conducted a direct interview located in al-Hasakah. But not much with him in July 2018. 79 STJ’s field researcher conduced adirect interview 81 STJ’s field researcher conducted a direct interview with him in March 2018. with him in March 2018.

27 Syrian Citizenship Disappeared

was terrified when one of the officers Ministers. She has therefore no certification of closed the windows and doors and her graduates studies.85 enquired about the branch I would study. I replied English Literature, Soheil Mohammed was born in al-Hasakah in and he asked why not Arabic Liter- 1973. He is married with four children and works maktum ature. I replied that it was the only as a blacksmith. He was but after paying branch that accepted me. Many peo- bribes estimated SYP 200,000 to the officers at ple in Damascus knew nothing about the Personal Status Department located in al-Ha- the Kurds stateless.”82 sakah, he acquired the Syrian nationality in 2014. His status impeded him, too, to pursue his edu- cation: Khlid Ismael, was born in Qamishli in 1998. He is “I dropped out from school at the a mechanic and attempted repeatedly to resolve intermediate stage. I was given no his legal status as maktum but in vain. Nothing diplomas for the previous stages as has changed so far. He explained to STJ that he well. When I acquired the citizenship, could not complete his education: I went to the Department of Exam- “We were stripped of everything. I ination for my intermediate certifi- was deprived of many rights, nota- cate to be able to apply for the high bly the right to education. I studied school exams, but they asked for pro- until the ninth grade only because I hibitive conditions such as bringing knew all my efforts would be vain. I four persons over 50 years old to wit- had few work opportunities as a con- ness that I had passed the interme- sequence.”83 diate school, in addition to bringing the head teacher and a teacher from Midia Hasan, using an alias for safety reasons, the school where I studied, which was born in al-Hasakah in 1995. She finally ob- was quite complicated. I deplored my tained the Syrian citizenship after paying large situation as my friends went to uni- maktumah amounts of money, but as a , she was versity.”86 not able to complete her education:

“Although I was an outstanding stu- Mahmoud Ali Ali was born in Amouda city in dent at high school, they refused to 1953. He is married with ten children, and works give me the diploma. All I received in an electrical supplies store. As an ajnabi, he was a paper proving my success un- faced many obstacles until the application of De- der which I enrolled at the Sport Insti- cree No. 49 granted him citizenship. tute located in al-Hasakah. Matters were getting complicated each time For Mahmoud, consequences of statelessness I wanted to travel outside the prov- will impact him all his life for nor he, or his chil- ince to participate in trips or sport dren, were able to complete their education: leagues due to lacking the ID. At last, “I did not go beyond the secondary I quit the institute.”84 stage because I learned I would not Suhaila Mohammed Ali was born in al-Hasakah get any diplomas. Whenever I reg- in 1987 and is a stateless maktumah. Upon fin- istered my children for school, I was ishing high school, she enrolled at the Health asked for a special paper from the Institute located in al-Hasakah, aware that the mukhtar and an approval from the only way for her to receive her diploma was to Department of Education. This pro- receive the unlikely approval from the Council of cess always delayed my children 82 STJ’s field researcherconducted direct interview with with her in al-Hasakah in July 2018. her in July 2018. 85 STJ’s field researcher conducteda direct interview 83 STJ’s field researcher conducted a direct interview with her in al-Hasakah city in July 2018. with him in al-Hasakah province in July 2018. 86 STJ’s field researcher conducted direct interview with 84 STJ’s field researcher conducted a direct interview him in al-Hasakah city in July 2018.

28 Syrian Citizenship Disappeared

from attending school by a whole Badi’ah Farhan Hasan was born in Qamishli in month. Most of my children did not 1948 and is married with four children. Some of study beyond the secondary stage her family members are citizens, while others be- either, because there were no guar- came maktumeen as a result of the 1962 census. antees that they would get a univer- She recounts for STJ how her children encoun- sity certificate.”87 tered obstacles on their educational experience: “A heart-wrenching occasion was Resheed Hasan Hussein was born in Ras al-Ein/ when my daughter came back from Sari Kani in 1977. He is married with two daugh- school one day crying because the ters, and is still maktum. The most saddening head teacher had dismissed her from part for him is not having been able to pursue his school and told her to stay at home education: to do the housework under the pre- text of her not having a record like “None of my family members studied the other students. I tried to explain beyond the primary stage because to him that her father was a state- maktumeen were not entitled to get less but he insisted on dismissing my diplomas, both from private and pub- daughter. I was so upset I told him in lic universities. Even in school, regis- Kurdish that if I had a gun, I would tration required a residence permit shoot him dead no matter ifit meant from the mukhtar. But even though I’d go to jail for life.” I drop out at the time I was in sixth grade, I kept reading books and mag- azines; my main concern was not to Badi’ah’s daughter completed her education un- be illiterate.”88 til the secondary stage and was a superior stu- dent, but was not entitled to enrol at university:

Abu Mohammed, an alias, was born in Amouda “Later, we managed to register some city in 1965. He is married with five children and of my children at university on con- was stateless until he acquired the Syrian nation- dition of not obtaining the diploma. ality in application of Decree No. 49. Not having People kept saying that children’s fu- been able to access education remains, for him ture was doomed but I insisted they too, a considerable loss: study although we were destitute. When my daughter graduated from “The mood of the head teacher and the English Department, she went to the officers in the Directorate of Ed- the college hoping to receive the di- ucation dictated the years entitled ploma but the employee refused to for our education. For university, an deliver it to her because my daughter approval from the Ministry of Edu- had had no identity card; my daugh- cation was essential. During schools, ter cried and told her that she had we were unable to took part in the worked harder than anyone else, but entertainment trips as if we were that did not work.”90 outcasts. Few of the stateless were able to be civil servants, and it was under the condition of becoming an Yalmaz Lukman Othman was born in al-Hasakah informer for the state.”89 in 1992. He became a Syrian citizen in applica- tion of the Decree No. 49. The impact of the ob- stacles he had faced during his educational path- 87 STJ’s field researcher conducted a direct interview ways would, however, be long-lasting: with him in al-Hasakah city in July 2018. 88 STJ conducted a direct interview with him in Ras al- Ein/Sari Kani in July 2018. 89 STJ’s field researcherconducted a direct interview 90 STJ’s field researcher conducted adirect interview with him in al-Hasakah city in July 2018. with her in Qamishli in March 2018.

29 Syrian Citizenship Disappeared

“I only studied until the secondary 3.2.15. Syrian Lawyers’ Testimonies on stage. At school, we could enrol only the Right of Stateless to Education providing a form from the mukhtar Redwan Sido, a Syrian Kurd human rights activist, and after an examination by a medi- illustrated the issue of statelessness to the Syrian cal committee in the Personal Status and Kurdish public opinion through his articles, Department located in al-Hasakah to reports and cooperation with the international estimate our age. They looked at our and local organizations. teeth and knew we were over 6 if one “For me, the status of the stateless’ of our teeth had fallen out.”91 students in schools, institutes and universities was the most unfair kind of oppression. Ajanib suffered dis- Mohammed Hasan Omar was born in Ras al-Ein/ crimination, but maktumeen were Sari Kani in 1978. He is married with three kids, treated even more poorly. They were and a member of a family of about 30 maktu- denied the right to obtain a certified meen individuals. In June 2018, they acquired university certificate, that cut them the citizenship. Mohammed hopes his children off from working in the public sector will complete their education and be granted and from joining union trades. Many were expelled from institutes and all their social rights. His previous legal status universities.” Such steps prompted stripped him of his rights, and most significantly, many to quit learning and start work- from his right to an education: ing in other fields, he stated. “We are five siblings, none of whom completed their education. People Sido points out to the peculiar anguish suffered kept asking us: ”What are you study- by children and women. He sees children being ing for? This is worthless”. Something deprived of nationality enduring chaotic educa- painful is still stuck in my mind is that tional experience, resulting in high rates of illiter- acy and low level of education. Young adults are when I was in sixth grade, my col- then forced to work in low-skilled and low-pay- leagues joined Tala’i al-Ba’ath Camp ing field of work like metalwork, carpentry or but I was not allowed to join. All the construction works.94 activities outside the school were organised without the participation Mustafa Ouso, another lawyer, agreed depriva- tion of nationality gave rise to draconian injus- of maktumeen and ajanib. I only fin- tice with regards to education. Maktumeen are ished the primary stage and went on notably discriminated against, as they are denied helping my father farming. We were of completing education beyond the secondary renting agricultural lands and work- stage. Although they can not obtain certificates ing as farmers to get a portion from attesting the completion of their degree, ajanib the owner. I enrolled my children at are entitled to complete their university studies school under a residence permit from nonetheless. They are still, however, forbidden from practicing certain professions such as law. the mukhtar.”92 In this regard, Ouso mentioned his friend Mah- moud Abdulhalim Bin Jamil, who graduated from Zaher Farhan Ali was born in al-Hasakah in 1986. the Faculty of Law but was not entitled to join the bar association and was therefore forced to He was maktum and laments his situation as he work as freelancer or enter various unqualified did not go beyond the primary stage, affecting jobs. him negatively. In 2011, he acquired the Syrian nationality after paying several bribes to the Per- sonal Status Department, he expressed93. 91 STJ’s field researcher conducted direct interview with him in March 2018. 92 STJ’s field researcher conducted adirect interview 94 Mustafa Ouso is a lawyer, a human right activist and a with him in Ras al-Ein/Sari Kani in July 2018. politician. He was born in Qamishli in 1973. He has been 93 STJ’s field researcher conducted directinterview with a lawyer since 2000. The interview was conducted via the him in July 2018. Internet on August 5, 2018.

30 Syrian Citizenship Disappeared

4.2.15. Barriers of Access to Education in 3.15. The right to Employment Countries of Asylum

Syrian Kurds stateless refugees encoun- 1- Everyone has the right to work, to free tered two main obstacles to access education in choice of employment, to just and favour- the countries they had fled to. First, they had to able conditions of work and to protection prove their affiliation to Syria, which wasspe e - cially arduous for the maktumeen. against unemployment. 2- Everyone, without any discrimination, Second, in the absence of diplomas granted by has the right to equal pay for equal work. the Syrian government, stateless Kurds were not 3- Everyone who works has the right able to prove their completion of study levels. to just and favourable remuneration Students STJ has been able to contact told us In , for instance, in order to pursue their ensuring for himself and his fami- studies, they had to undergo an assessment of ly an existence worthy of human dig- their skills and qualifications by employees, in nity, and supplemented, if necessary, addition to exams. In some cases, even after by other means of social protection. stateless aspiring students willing to enrol in uni- versity passed the Högskoleprovet, the Swedish Article 23 Universal Declaration of Human Scholastic Aptitude Test required to compete for Rights a place at university, they ware barred from reg- istering in universities, unable to provide their high school certificates95 The States Parties to the present Cove- One of our witnesses, Ismael Ismael96, recounts nant recognize the right to work, which the impacts of being a maktum when migrating includes the right of everyone to the op- from Syria. He decided to travel to Europe when portunity to gain his living by work which his university, Salahaddin University, in , informed him that he would not re- he freely chooses or accepts, and will take ceive a diploma. Unlike other refugees, he pos- appropriate steps to safeguard this right. sessed no documents confirming his identity and on his way, he was halted in for six Article 6 International Covenant on Eco- months trying to convince the authorities he was nomic, Social and Cultural Rights a Syrian refugee. Once in Germany, he had to wait a while until the authorities investigated his legal status. The same thing happened when he The State guarantees every citizen’s right tried to enrol in university as he didn’t have any proofs except the Health Institute’s score sheets, to work in order to secure for himself a which could easily be forged, so he was delayed. standard of living that meets the basic re- quirements of life.

Article 30 Arab Charter on Human rights

The right to work comprises an array of rights for the citizens, and duties for the states.

The Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the Arab Charter on Human Rights provide for the right to work, and were all ratified by Syria. By depriving a pe- 95 “Syrian Maktumeen Face Troubles Proving Universi- ty Education” Radio Sweden, April 16, 2018, (last update culiar fringe of Syrians from their nationality, August 6, 2018), https://sverigesradio.se/sida/artikel. however, Syria has dissociated itself from its ob- aspx?programid=2494&artikel=6931731 ligation as a state to guarantee the right to work 96 He was born in Qamishli in 1990, he graduated from to its citizens. the Health Institute located in al-Hasakah. The interview was conducted via the Internet on July 26, 2018.

31 Syrian Citizenship Disappeared

Our study reveals that stateless suffer Abu Diar, a pseudonym, was born in al-Hasakah hardship pursuing the career they ambition in in 1983 and is married with two children. He two ways. First, the discrimination they suffer as works in a directorate affiliated with the Auton- students, preventing them to obtain certificates omous Administration. As an ajnabi not entitled to practice high-level professions, impacts them to work in the public sector, he encountered co- when they try to seek a job, employers often re- lossal obstacles until 2011: fusing to hire them because of them not having “We were denied of our basic rights a nationality. Second, they are prevented from as human beings and were incredi- pursuing a career in public services. When hired, bly marginalised. Notwithstanding they often face discrimination and harassmentas the red card the Syrian government a consequence of their status. Hence, hundreds delivered to us, no one recognised of thousands have been forced to work strenu- us. I once tried to work as a security ous jobs in order to provide for themselves and guard in the garage of the Director- their family. ate of Education, but they refused due to my legal status.”98 “To be maktum or ajnabi is to be an internal migrant residing in the Resheed Hasan Hussein added that his legal sta- squatter settlements, relegated to tus pushed him to work as a wall painter to pro- work in farms or laborious artisanal vide for his family: handicraft for derisory salaries, and lacking basic rights. Stateless were “I started a career as a wall painter. denied work mainly because the It was the only way to provide for my government granted no educational family: my wife and our two daugh- documents,” ters, as well as my mother and my Ashraf Sino, lawyer, stated. two sisters. I was not entitled to work in the public sector nor in the private one. Lacking documents has always Mohammed Salih Ismael was born in Qamishli in subjected us to accountability. As a 1985 and is married with one kid. As maktum, he result, I live as a destitute.” had limited work opportunities and had to work in a bakery: Mohammed Amin Ramadan al-Mohammed was “All my life I have been maktum, like born in Hasoud, in Qamishli, in 1962 and is mar- my father. My mother is a citizen. I ried with 7 children. He was stateless until 2011, made many attempts to acquire the when he finally obtained the citizenship. But for Syrian nationality following the - De him, it came too late: “It’s like building someone cree granting citizenship to stateless, a house after their death.” but that did not work. I face tremen- dous difficulties finding job opportu- “I had great ambitions. They shat- nities because the public sector, as tered due to my previous legal status. well as some private firms, refuse to I dropped out from school and want- employ us. Working in a bakery was ed to be a porter in the silos. At first, my only choice.”97 they refused to employ me. They later agreed to it through mediation, but I never received any health or social Dlo Mohammed confirmed stateless were insurance. I also worked in a restau- banned from working in public sector until 2014 rant in Damascus, and was exposed and the declaration of the Autonomous Adminis- to harassment by the employer, who tration in northeastern Syria. She found herself a favoured employees who were citi- job within the Administration’s institutions. zens. I have now been working for

97 STJ’s field researcher conducted direct interview with him in 98 STJ’s field researcher conducted direct interview with him in June 2018. June 2018.

32 Syrian Citizenship Disappeared

ten years as a porter, which consists 4.15. The Right to Own Property mainly in carrying goods between Syria and Turkey.” He explained how, among his circle of friend and fam- (1) Everyone has the right to own proper- ily, other stateless were similarly ty alone as well as in association with discriminated against: “A relative of others. mine studied Arabic Literature and (2) No one shall be arbitrarily deprived of another veterinary . But his property. they were not employed as a result of their statelessness.”99 Article 17 Universal Declaration of Hu- man Rights

Firas Salim Ali was born in Jernik neighborhood, in Qamishli, in 1980, and is married with three The right to own a property is a corner- children. All of them are still maktumeen. Firas stone of economic rights. Our study reveals that, has submitted his papers to Qamishli’s Personal deprived of their citizenship, stateless people of Status Department in order to get the citizenship Syria are denied this basic right, with significant but he failed. Facing limited job opportunities, repercussions on a variety of aspects of their lives. he works as a porter. According to our testimonies, notallowed to open “To get an ID and be like others is a bank account, own basic possessions such as all we want. I do not want my kids cars or houses and prevented from subscribing to to lead a life similar to mine. If I had basic services such as phone or internet provid- been a Syrian national, I would not ers, stateless people rely on friends and relatives have been a porter.”100 to buy such basic items on their behalf, putting them at risk and in a position of dependence. They are also prevented from owning and culti- The tribulation of the stateless Kurds is alike. vating lands, a considerable prejudice for their Mahmoud al-Mohammed Bin Ismael was born economic empowerment. Lastly, they are forbid- in 1960, in al-Qahtaniyah/Tirbespî, a town locat- den from inheriting any kind of properties, main- ed in al-Hasakah province, and is married with 9 taining the discrimination across generations. children. He was ajnabi but acquired the Syrian nationality in 2011, too late, considering he was During its union with Syria, Egypt’s President deprived of the career he aimed at: aspired to apply the Egyptian experience to the - Syria - in delimiting the agri- “It is included in my driving license cultural lands. This led to the law 161 of 1958, that I am ajnabi. One day, I was of- stipulating expropriation the swaths exceed the fered to be a driver at the firehouse delimited land property depending on volume in town in al-Hasakah. But of rainfall in the rain-fed lands and the source of when they knew I was stateless, they water in the irrigated lands. refused to hire me. A travel agency Land ownership was traditionally unequally dis- 101 did the same.” tributed in Syria. In 1958, as Syria was part of the United Arab Republic, President Gamal Ab- del Nasser Hussein introduced, as part of Arab , the agrarian reform law No 161, that provided that no person could possess more than 80 hectares of irrigated land and 300 hect- ares of rainfed land. Land owned in excess to 99 STJ’s field researcher conducted direct interview with this limit would be expropriated with compen- him in Qamishli in March 2018. sation and distributed to landless peasants. The 100 STJ’s field researcher conducted direct interview unit of measures used in the law, “acres”, op- with him in Qamishli in March 2018. posed to the traditional Syrian dunum, or hect- 101 STJ’s field researcher conducted direct interview are, demonstrates that, despite impactingSyrian with him in Qamishli in March in 2018.

33 Syrian Citizenship Disappeared landowners, the reform was deeply Egyptian.102 Talib Hilal conducted a research ad- This law contrasts with the principle of right to vising Syrian authorities to adopt ownership already considered at that time, and several policies against the Kurds. since the 1948 Universal Declaration of Human This included forcing their displace- Rights, a sacred right of the individual, that can ment towards the interior provinces, be violated only for the public benefit under a editing the civil registries, prevent- law of expropriation for a fair compensation al- ing them from working, stripping lowance.103 Kurds religious leaders from their status of Sheikhs, creating disputes The land reform programme resulted in the own- among Kurds, transforming the bor- ership of numbers of properties transferred from der into a military zone, or denying the individuals to the state. Thus, Ashraf Sino as- the granting of citizenship to anyone sesses that at least 400 residential property were willing to reside in that area, whatev- transferred from their landlords to the Council of er their origins, except to Arabs. The al-Darbasiyah city, located in al-Hasakah prov- census came as a result of the mem- ince. The census was conducted in 1962, one orandum, leading tens of thousands year after the fall of the United Arab Republic. denied of their nationality. Ironical- For Mohammed Ali Ibrahim Basha,104 lawyer, ly, Chief of Staff of the Army Tawfiq depriving the Kurds and the Arabs residing in Nizam al-Din and my grandfather the Jazira territory from their properties dates Mohammed Ismael Ibrahim Basha, back to before 1962, specifically to 1958 and the a former member of the Parliament Agrarian Reform Law, that caused lands of Syrian lived there. My grandfather became Kurds particularly to be expropriated as part of stateless. This stresses the racism of the implementation of the Arab Belt Project (in the research and the special census.” Arabic al-Hizam al-Arabi), a political issue in the 105 first place. Al-Basha also explained that, when the Lake As- “To be honest, properties belonging sad caused large swaths of the land to be sub- to both Kurd and Arab landlords. merged by the waters in , the authorities 2,400,000 dunum106 of our fami- compensated local Arabs by distributing the fer- ly’s land, al-Basha, in addition to tile lands it had previously expropriated Kurds 3,000,000 dunum of the land owned landowners from in al-Hasakah, starting from the by al-Meslet, an Arab family, were Iraqi borders to Ras al-Ein/Sari Kani, as a result of expropriated and distributed to Arab the continued implementation of the Arab Belt and Kurd people as usufructuar- project in the . ies. Nonetheless, it is important to The 1958 land reform had a long-lasting impact mention that other discriminatory on the distribution of lands. Its implementation projects did take place at the time. required committees to visit and register the A person identified as Mohammed whole country’s properties, and was perpetuat- 102 Ammar Oqlah, “the Blaster Arab Belt in Agrari- ed even after the fall of the United Arab Repub- an Reform Law, Right Words for Wrongdoing”, Har- lic. Combined with the 1962 census, the conse- moon Center for Contemporary Studies. March 6, 2017. quences on Kurd landowners were appalling. Al (last visit August 15, 2018) https://harmoon.org/ar- Basha adds: chives/4273. 103 Ibid “The intended purpose of the applied 104 Mohammed Ali Ibrahim Basha as Syrian lawyer projects, including the Arab Belt, was living in France. He has been a lawyer since 1997, is to alter the demographics of al-Ha- the Chairman of the Board of Syrian Lawyers Without sakah province, by diverting the Borders, the legal council of the Syrian National Insurance confiscated lands to the Arab com- Company and attorney at tribunals for more than 400 law- munity. Practically, after nationali- suits. The interview was conducted on Internet on August ty was rescinded from thousands of 1, 2018. Syrian Kurds, the former ownerships 105 For more information, please read “Agrarian Reform of Kurds landowners were attributed Law- number 161 of 1958, the Syrian Parliament website. to others, in the absence of record (last visit August 15, 2018) http//:parliament.gov.sy/ of the properties under the name of laws/Law/1958/structure.12_htm. 106 Each dunum equals 1000 m2, i.e. each 1km2 equals non-Syrian persons. Complaints were 1000 dunum. referred to the courts for final judg-

34 Syrian Citizenship Disappeared

ment. In my opinion, the process of “We couldn’t register our properties delimitation and registration that in our own names. After the 1958 accompanied the expropriation of land reform and the expropriations the lands aimed, at least partially, to that came along, the mukhtar only seize the stateless’ properties.”107 gave us 2 hectares because we were stateless, while other citizen farmers Rashad Me‘o was born in Sari Kani/Ras al-Ein in managed to obtain large parts.”109 1980. He is married with two children, and works as a carpenter. He submitted his papers to the Personal State Department, trying to resolve his Midia Hasan, a pseudonym, recalled that her legal status as maktum, but in vain: family lost many properties owning to being maktumeen and lacking property titles. Not be- “We encountered problems regard- ing able to own property also means not being ing ownership. Until today, I am un- entitled to inherit from their family. Thus, the able to register any property in my Syrian government, confiscated the properties own name. I dreamed to purchase a of her grandfather following his death. motorbike and register it in my name but that was impossible”.108 Abu Mohammed, using an alias, confirmed the struggle his family faced when his grandfather died: Aziz Pirro, as a maktum, cannot register any property in his name being maktum either: “My grandfather could not bequeath his lands to us and when he died, the “There have been many challenges. Syrian government confiscated them. My grandfather owned agricultural Now we are trying to go to court to lands but lost them as a result of the get them back.” 1958 agrarian reform law. My father was not entitled the right to usufruct Nasraadin Aradm Ibrahim was born in Ras al-Ein/ due to his legal status as maktum. Sari Kani city, in al-Hasakah province, in 1956. He I was working in farming and was is married and has children. He is still maktum forced, at the end of the harvest, to and has been facing barriers due to his legal sta- ship the crops in the name of some- tus. When he purchased an agricultural vehicle one else. I don’t have a driving li- to work on for sustenance, he was not entitled cense, so I couldn’t even drive a car. to register it in his name. That’s why I decided to travel abroad before 2011 and return later.” For Lukman Ayyanah, lawyer, the grave issue to the stateless was the inability to obtain property deeds, being residential or agricultural. He nar- As a maktumah, Dlo Mohammed, too, was pre- rated to STJ, vented from registering anything in her name: “Delimitation and registration pro- “Until now my father cannot register cess110 carried out in the 1980s in his property in his name nor in ours al-Hasakah province, particularly in simply because we do not have the the north, resulted in records listing right to property ownership. Fortu- and numbering each property. The nately, my mother because she is a properties were registered in the citizen, so all our properties are reg- name of the person who was present istered in her name.» during the process, but only under the conditions of proving they were Syrian nationals. Consequently, own- Ramadan al-Mohammed was born in Hilwa ership of all residential properties town, in al-Hasakah province, in 1945. He is mar- and agricultural lands of the state- ried and has children. He experienced the conse- quences of the 1958 land reform: 109 STJ’s fieldresearcher conducted direct interview with him in Qamishli in March 2018. 107 The 1958 law was implemented over a period of 110 For more information on an example of Delimita- several years, and continued after the 1962 census. It sup- tion and Registration, please click on the following link: posed committees to visit, determine and register lands. http://www.parliament.gov.sy/laws/Law/1926/struc- 108 STJ’s field researcher conducted directinterview ture_25.htm (Land Delimitation and Registration Law with him in March 2018. issued by Resolution No. 186 of 1926).

35 Syrian Citizenship Disappeared

less located within the site, such as protection by society and the State. large parts of lands owned by al-Ba- 2. The right of men and women of mar- sha, were registered into the name riageable age to marry and to found a of the Syrian Arab Republic. Other family shall be recognized. properties were transferred into the name of municipalities111 of the areas where delimitation and regis- Article 23 International Covenant on Civil tration took place.» It is worth men- and Political Rights tioning that landowners could and did appeal the decisions of the judge before the Court of Appeal, which in Although the right to form a turn took steps towards overruling family is considered a basic right, state- the judgments. Cases are now pend- less people are barred from exercising it. ing. On the other hand, some state- less attempted to purchase their Our research shows that the main obsta- old properties back from the state cle lies in the impossibility for them to and municipalities. The state firmly register their marriage or the birth of refused in the cases where the res- their children. Beyond the administrative idential properties were registered hardship, this also impact the social fabric, as, as state ownership, but allowed the foreseeing the obstacles this would entail, Syrian purchase of the properties that were citizens oftentimes would not consider marrying a registered in the name of municipal- stateless. In that regard, it appears that women are ities. Solutions for properties of state ownership have yet to be found.”112 particularly vulnerable.

1.5.15. Social Stigma Against the Stateless 5.15. The Right to Marry and to Found a The stigma associated to being stateless impedes Family stateless on their way to social fulfiment. Sido reported: 1. Men and women of full age, without “A female friend of mine was ajnabi- any limitation due to race, nationality or yah. She has graduated from the religion, have the right to marry and to Faculty of Law. Whenever a man pro- found a family. They are entitled to equal posed to marry her, he changed his rights as to marriage, during marriage and mind when he learned that she was a at its dissolution. stateless. That hurt her feelings and 3. The family is the natural and fundamen- she lost hope of a decent future.” tal group unit of society and is entitled to protection by society and the State. Male stateless encountered the same problem. Article 16 Universal Declaration of Human Mohammed Salih Ismael reported that his legal Rights status as maktum caused barriers whenever he wanted to marry, adding:

1. The family is the natural and fundamen- “When I courted girls, they rejected tal group unit of society and is entitled to me because I had no future to of- fer. This made me feel mediocre and 111 Properties registered in the names of municipality prevented me from leading the life I are designated for public interest such as schools, parks, want. All I wanted was to register a roads, etc. Additionally it is purchasable. 112 He comes from Ras al-Ein/Sari Kani. He emigrated child of mine legally in the Personal from Syria in 2014 and currently lives in . He had Status Department. I am even de- been a lawyer until he left Syria. The interview was con- prived of this right.” ducted via the Internet on July 30, 2018.

36 Syrian Citizenship Disappeared

Mohammed Amin Ramadan al-Mohammed talk- ed about the hardships he and his family faced owning to be ajanib. He commented, “The sole thing I want to understand is how can a man have a baby but be unable to legally register him. Let alone the problems of marriage. I have three sisters no one proposed to marry due to their legal status. The same happened to my brothers and me.”

2.5.15. Legal Obstacles Ahead of Marriage Over the decades that followed the 1962 cen- sus, legal obstacles arose in the administration of couples whose one spouse was a stateless. For Mohammed Khalil,113 lawyer and human rights activist, the issue of the stateless of al-Hasakah is one of the worst discrimination projects exert- ed against the Kurds, prompting him along with other lawyers to assist legally presented in con- firmation of marriage and births. Through the following table he explained the situations they came across.

113 A lawyer and activistwho resides in Qamishli north- eastern Syria. He is working atAdel Center for Human Rights that work to document human rights violations and spread awareness of the culture of civil peace. He has been a lawyer since 2001 and has contributed with other activists to establish the Kurdish Organization forHuman Rights DAD in 2005. The interview was conducted via the Internet on July 26, 2018.

37 Syrian Citizenship Disappeared

# Status of the Status of the Confirmation of Status of General notes husband wife marriage and legiti- births/children mation 1 maktum (a male maktumah (the marriage and legiti- who has no re- female who has mation not regis- unregistered/ cords within the no records with- tered. maktumeen citizens’ nor the in the citizens’ Officially the hus- ajanib’s) nor the ajanib’s) band is single and the wife too.

2 maktum (a male ajnabiyah (a Marriage and unregistered/ who has no re- female regis- legitimation not maktumeen cords within the tered within the registered. citizens’’ nor the records of the Officially the hus- ajanib’s) ajanib) band is single and the wife too 3 maktum (a male A Syrian national The Courts unregistered/ Officially the marriage who has no re- provide a decision maktumeen not confirmed but the cords within the acknowledging the couples can obtain citizens’ nor the marriage without only a decision by the ajanib’s) confirming it in the court affirming the records and with- marriage and men- out legitimation (a tioning the children. nominal decision The Personal Status legally worthless) Department refused to confirm the court deci- sion and so the status of the wife remained the same (single) whereas the husband has no records in the Personal Status De- partment in the first place.

4 Ajnabi (the male maktumah (the unregistered (hus- unregistered/ who is recorded female who has band is single and maktumeen within the ajan- no records with- wife too) ib’s) in the citizens’ nor within the ajanib’s. 5 ajnabi (the male Ajnabiyah (the It is possible to registered as who has records female who has confirm the mar- ajanib within the ajan- records within riage and pass the ib’s) the ajanib’s) status of the father to children (legit- imation) directly without the ap- proval of the Minis- try of Interior/ the Political Security

38 Syrian Citizenship Disappeared

# Status of the Status of the Confirmation of Status of General notes husband wife marriage and legiti- births/children mation 6 ajnabi (the male a Syrian national marriage is often unregistered/ In normal occasions who is registered not confirmed maktumeen the births were not within the re- (owning to not (in case of registered automati- cords of ajanib) obtaining approval obtaining no cally in the Personal from the Politi- security ap- Status Departments. cal Security). The proval for the approval was only legitimation), After 2000, the par- for legitimation but obtain ents retained a lawyer (passing the status the red card who sent the mar- of the father to the (ajanib) in case riage contract issued children). Officially they obtained from the Sharia Court the wife is single the security attached with a birth and the husband approval for certificate issued from too. legitimation the mukhtar lawfully but not ap- proval for and the police record marriage. from the police station in the area the couples live, to the Ministry of Interior which in turn sent it to the Political Security which fre- quently approved to the legitimation i.e. to pass the status of the father to the children (ajnabi) without the confirmation of mar- riage. An anachronism. 7 a Syrian national ajnabiyah (the the marriage is Syrian nation- female who has firstly confirmed als records within in the court then the ajanib's) the file sent to the Ministry of Interior where the majority approvals occurred then the registra- tion in the records done.

39 Syrian Citizenship Disappeared

# Status of the Status of the Confirmation Status of General notes husband wife of marriage births/chil- and legitima- dren tion 6 ajnabi (the male a Syrian national marriage is unregistered/ In normal occasions the who is registered often not maktumeen births were not registered within the re- confirmed (in case of automatically in the Per- cords of ajanib) (owning to obtaining no sonal Status Departments. not obtaining security ap- After 2000, the parents approval from proval for the the Political legitimation), retained a lawyer who Security). but obtain sent the marriage contract The approval the red card issued from the Sharia was only for (ajanib) in case Court attached with a birth legitimation they obtained certificate issued from the (passing the the security mukhtar lawfully and the status of the approval for police record from the father to the legitimation police station in the area children). Offi- but not ap- cially the wife proval for the couples live, to the is single and marriage. Ministry of Interior which in the husband turn sent it to the Political too. Security which frequently approved to the legitima- tion i.e. to pass the status of the father to the children (ajnabi) without the con- firmation of marriage. An anachronism.

As mentioned in the table, children born from ceiving the task to conduct investiga- a Syrian mother and an ajnabi father would be- tions and send them to the Political come maktum. Until 2000, there were legal ways Security Division, it no longer needed to resolve the legal status of these maktumeen a security approval from Damascus. children, and to pass the father’s ajnabi status to The resolution of the legal status the children. of maktumeen children to become Mustafa Ouso reported: ajanib had been such an exhaust- “The Syrian government has allowed ing process because of the destitute the registration of births by stateless conditions of the stateless, the com- people recorded as ajanib only since plicated procedures, and the large 2000. Earlier, the registration took sums of money paid as bribes.” time and required the payment of bribes to officials within the Syrian Since 2000, parents have been hiring lawyers security apparatus and in particular who send requested documentation, including the Political Security Division. But the marriage contract by the Sharia Court, the even when the Ministry of Interior birth certificates of the children by the mukhtar approved the registration of the chil- and a police record to the Ministry of Interior in dren, it didn’t affect the marriage, Damascus, that forward them to the Political Se- that remained unregistered. In 2007, curity. This frequently results in the registration with the local security branches re- of the children, but without the approval of the

40 Syrian Citizenship Disappeared of the marriage. This helped to convert the le- Mohammed Khalil adds that the deprivation of cit- gal status of originally makutmeen children into izenship had a double impact on women. Indeed, ajanib, a process denied before 2000. This is of Syrian law does not allow the mother to grant their utmost significance considering that the 2011 citizenship to their children. Decree No. 49 grants citizenship to the ajanib As a consequence, except when the couple man- and excludes the maktumeen. aged to get their marriage officially registered, as explained above, when the father is stateless, Ouso explained that women carry a children remain maktumeen: disproportionate burden in Syrian patriarchal so- “Under the Syrian law when it comes ciety: to marriage, the wife’s records is “As part of the Syrian society, the transferred to the husband. When Kurdish woman suffers the oppres- the citizen woman marries a state- sion and discrimination Syrian wom- less, she remains officially single, and en suffer. Her misery doubles if she is thus does not inherit her husband af- stateless. The husband cannot pass ter his death and vice versa. Her chil- on the property to the wife if she is dren cannot inherit her either. When maktumah or ajnabiyah. She’s there- it comes to divorce, she is deprived fore deprived of inheritance at his of her rights such as an alimony, and death. And when it comes to divorce, can’t get her dowry back.” she is deprived of her rights such as an alimony and a dowry.” Prior to Decree No. 49 in 2011, Lukman Ayyanah,

lawyer¹¹⁴ 1, worked on lots of lawsuits related to Khalil stated that couples facing the most diffi- the stateless and learned about their hardships: culties were those wher the husband is ajnabi “The situation of ajnabi husband and the wife a citizen, who can encounter black- married to a citizen wife was tremen- mail when attempting to confirm their marriage: dously complicated. The registration “Over the decades following 1962, of children was done without the con- the couples, in case the husband was firmation of marriage itself and the ajnabi and the wife a citizen, were couples remained single in the civil not entitled the approval of the- se records. The process was the same curity apparatus to confirm the mar- each time a new child was born. riage and the children were therefore Some other hardships came up con- registered as maktumeen. The Syrian cerning education; the stateless law imposes the female citizen to ob- graduated from the Faculty of Law tain a security approval ahead of her were not entitled to join the Syrian marriage to a non-Syrian. This law Bar Association nor practice the law. was imposed also on the female cit- Moreover, the maktumeen were de- izens marrying Kurds who are ajanib, nied obtaining high school diploma creating by that extra troubles. This and enrolling at universities or in- allowed brokers, lawyers and other stitutions for decades. Add to that, intermediaries to ask large sums of the unemployment at public sector money to obtain the authorisation and all of that prompted thousands to record the children as ajanib in to leave for the interior provinces the Personal Status Department. The searching for better lives, others mi- poor, however, could not afford the grated to Kurdistan region and Eu- costs, leaving the children maktu- rope.” meen.”

114 Lukman Ayyanah comes from Ras al-Ein/Sari Kani. He left Syria in 2014 and currently lives in Austria. He had been a lawyer until he left Syria. The interview was conducted via the Internet on July 30, 2018.

41 Syrian Citizenship Disappeared

3.5.15. The Tragedy of the Stateless De- prive my children from the rights too. nied to Confirm the Births Those were the most painful words I have ever heard, I wish I had disap- Mahmoud Ahmad Khalil, was born in Hasoud peared.” town, in Qamishli, in 1977, in a family whose members were citizens or stateless as a result of the 1962 census. He is now married and has chil- Zahra Ramadan was born in Qamish- dren. He recalled the obstacles he, as an ajna- li in 1981, and is now married with 4 chil- bi, encountered in registering his children at the dren. She recalled the hardships of regis- Personal Status Department: tering her children in the Personal Status “While it took citizens a single day to Department, a lengthy process induced by the Po- registered the birth of their children litical Security Division’s prolonged investigations. in the records, I had to hire a law- She added that the special census created some yer to do so, and it took more than a disparities among her family members, her moth- month SYP 300 bribes for each child. er remaining a Syrian national while her father I was forced to go to the Political Se- became ajnabi. Zahra and the rest of her siblings curity branch and the police station therefore became maktumeen. Following at- to write a record and bring witness- tempts to resolve their legal status, they became es2¹¹⁵.” ajanib in 1991 in Qamishli. ¹¹⁷ Midia Hasan, an alias, recounted that her former For Mohammed Khair Ayed Ismael, being ajna- legal status caused several hardships as no one bi prevented him from registering his children in wished to propose to marry her. She was en- the Personal Status Department. All he could do gaged to a young man residing in the United Arab was registering them at the mukhtar, after a se- Emirates but they broke up as a result of her curity check of their familial situation: inability to travel abroad. “I named my youngest son Moham- Suhaila Mohammed Ali described tha when med Mashouq after the Sheikh Mo- young men learned she was stateless, they hammed Mashouq al-Khaznawi. changed their mind and no longer wanted to I went to register him at the mukhtar marry her. who asked the usual questions. He also requested I change the child’s name on the pretext that it was re- jected. I paid him SYP 500 and he reg- istered the name ¹¹⁶.”

The legal status of Mahmoud Ali also 6.15. The Right to Freedom of Movement deprived him from the right to record his children officially, noting that some ajanib paid bribes up to SYP 10,000 in 1970 for the registration of the 1. Everyone has the right to children. He recounted the efforts he deployed freedom of movement and residence to register his marriage: within the borders of each state. 2. Everyone has the right to leave any “One day, I wanted to register my country, including his own, and to return marriage according to the Islamic to his country. Sharia and someone told me that I was a stateless with no rights in the Article 13, Universal Declaration of Human country so I shouldn’t marry and de- Rights 115 STJ’s field researcher conducted direct interview with him in Qamishli in March 2018. 116 STJ's field researcher conducted direct interview 117 The interview was conducted via the Internet in with him in Qamishli in March 2018. 2018. The witness is living in Germany as a refugee.

42 Syrian Citizenship Disappeared

Aleppo for treatment. In order not 1. Everyone lawfully within the to face problems at the checkpoints territory of a State shall, within that terri- scattered throughout the country be- tory, have the right to liberty of movement cause I did not have an identity card, and freedom to choose his residence. I borrowed my friend’s identity card 2. Everyone shall be free to leave any who had a Syrian nationality. That country, including his own. was the way we managed our af- 3. The above-mentioned rights fairs.” shall not be subject to any restric- tions except those which are provid- In another testimony, Ma’mo Hasan Alo, who ed by law, are necessary to protect was born in Ras al-Ein/Sari Kani in 1978, de- national security, public order scribed that his legal status as ajnabi exposed (ordre public), public health or mor- him to insults on several occasions when trave- als or the rights and freedoms of ling within Syria: others, and are consistent with “In 2001, I travelled by bus from my the other rights recognized in the city to Aleppo to go to college and present Covenant. on a bridge called Qaroqozat, some 4. No one shall be arbitrarily Syrian security officials stopped us, deprived of the right to enter his own asking the passengers to show their country. identity cards. I was the only one who had the red card so one of them Article 12, International Covenant on Civil asked me to get off and they ques- and Political Rights tioned me in their own room on the bridge. They beat me and insulted me although I assured them I wasn’t af- filiated to any political parties. Then Both the Universal Declaration of Human they kicked me and I continued my Rights and the International Covenant on Civil travel to university in Aleppo. That is and Political Rights provide for the right to move just the tip of the iceberg.” ¹¹⁸ 5 both within and outside of one’s own country. Our study shows, however, that stateless people of Firas Salim Ali recalled an unforgettable incident Syria experience considerable hardship to travel, he experienced owing to his legal status as mak- not only abroad, but also within Syria, from one tum: governorate to another. When they attempt to “Once, shortly after the outbreak do so, sometimes for urgent reasons such as hos- of war in Syria, a checkpoint officer pitalisation, they face the refusal, mockery and asked to see my ID. When I showed harassment of law enforcement. him the identification certificate I Rashad Me’o, a carpenter, was born in hold, he contemptuously uttered that Ras al-Ein/Sari Kani in 1980, and is now this was “for animals.” married with two children. He submitted his papers to the Personal Status Department and Nubar Ismael added that at the beginning of tried hard to resolve his and his children’s legal the Syrian conflict and with the spread of the status, but in vain. checkpoints throughout the country, especial- “We faced many obstacles owing to ly when he traveled to university located in Lat- our status and the most consider- takia, he faced troubles and had to answer re- able one was when it came to travel, peatively to the questions by the checkpoints’ both abroad and within the borders officers. Most of them, clueless regarding the issue of Syria. I married a woman with a of statelessness, were surprised to see his identifi- Syrian nationality and had children. cation certificate, and asked him if was is a foreigner. Once the children felt ill and I was 118 STJ's field researcher conducted direct interview forced to take them to Damascus and with him in Qamishli in March 2018

43 Syrian Citizenship Disappeared

“One day, some members of the se- it to an official in the airport and my curity apparatus arrested me in a ga- mother waited long until we were al- rage suspecting I was a foreigner, and lowed to travel.” released me only after I explained my status. My father kept saying there Midia Hasan, a maktumah using an alias, ex- must be a solution for our sta- plained how the conflict worsened her experi- tus in the future and it was not ence of travelling among Syrian provinces: reasonable to remain maktumeen. “It got worse with the spread of the But I don’t want to tell my children military checkpoints throughout the myself, and I don’t want their fate country. Whenever I wanted to trav- to be like mine. Now I am thinking el among the Syrian provinces, the about migrating to Europe through checkpoint officers stopped me more smuggling ways for the sake of my than the other passengers because children who are also maktumeen.” of my identification certificate. I was ashamed of it.” Mahmoud al-Mohammed Bin Ismael described to STJ that he was ashamed of his red card that With regard to the impact of deprivation of na- indicates he is ajnabi. He told STJ how he was tionality on the emigration abroad, Redwan Sido travelling by bus to when some police testified that the cases of emigration between officers stopped him and asked him to show his 1962 and 2004 was relatively low, but the rate identity card: increased significantly between 2004 and 2011 “They asked where I had gotten that attributing the reason to the loss of hope to -re card from and I replied I was ajnabi. solve their legal status in Syria. One of them said: “Are you trying to trick us? How come you’re a foreign- er and speak Arabic?” I replied that 7.15. The Right to Vote and to Run for Elec- he had to ask an officer higher than tions him if he ignored the meaning of ajnabi. Fortunately everything went 1. Everyone has the right to take part in well after I mocked them too.” the government of his country, directly or through freely chosen representatives. Venus Mohammed, a maktumah using a pseu- 2. Everyone has the right of equal access donym, described how she travelled and accom- to public service in his country. panied her mother to Damascus for her cancer 3. The will of the people shall be the basis treatment: of the authority of government; this will shall be expressed in periodic and genu- “Almost a year ago, none of my family ine elections which shall be by universal members managed to travel with my and equal suffrage and shall be held by mother by plane because of their legal secret vote or by equivalent free voting status as maktumeen, so I decided procedures. to go with her despite the troubles I knew I would face. When one of the Article 21 Universal Declaration of Human employee at the airport asked about Rights my documents, I showed him my i dentification certificate. He was surprised and asked how come my Every citizen shall have the right and the mother was a Syrian national and I opportunity, without any of the distinc- only had a worthless identification tions mentioned in article 2 and without certificate. After that he took the unreasonable restrictions: identification certificate and showed (a) To take part in the conduct of public

44 Syrian Citizenship Disappeared

ministration, which is not recognised affairs, directly or through freely chosen by the Syrian government. The Syrian representatives; law sees us as strangers and outland- (b) To vote and to be elected at genuine ish.” periodic elections which shall be by uni- versal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; 15.8 Other Forms of Deprivation of Rights (c) To have access, on general terms of

equality, to public service in his country. In addition to the deprivation of all civil, political, economic, and social rights, the Syrian Article 25 International Covenant on Civil Kurds stateless encountered other forms of per- and Political Rights secution because of their legal status, such as the prohibition to access to treatment in public

hospitals or sleeping in hotels. Additionally, the Cement of a democratic society, the right inability to obtain official documents has always to vote and to be elected is provided for by the exposed them to racist harassment as described Universal Declaration of Human Rights and the by some. International Covenant on Civil and Political Shivan Hussein Amin recalled some incidents Rights. By denying their citizenship to a fringe of he encountered because of his legal status as the Syrian population, the government has de- maktum. He was always rejected whenever he prived them of this essential faculty. showed his identification certificate to anyone, particularly in government departments, as the For Syrians for Truth and Justice, Dlo Moham- majority of the employees had no idea about the med explained: issue of the stateless: “According to Syrian law, we’re not “When I tried to get the driving li- Syrians, therefore do not have the cense, one of the employees asked right to run for elections nor to vote if I was Syrian and I replied that the in any stage of the political process name of the Syrian Arab Republic is in Syria.” registered on the identification certif-

icate. There was a small group who Commenting on the previous testimony, had not got the Syrian nationality in Mahmoud Ali added: Raqqa province but they were enti- “We were deprived of the right to tled special privileges in terms of ac- vote and to run for elections. Some- cess to health, education and living, times, we were allowed to vote for whereas we were ostracised in the the presidential elections but never community. One day, I wanted to vis- for the People’s Council’s elections.” it my brother who was imprisoned in

Adra Central Prison and I submitted Rasheed Hasan explained how the political my papers to the judge in a court lo- events arising from the conflict gave him an op- cated in Damascus countryside. The portunity to exercise his right to vote and be judge asked literally “what paper is elected in the realm of the Autonomous Admin- this? Is it for gypsies? Where did you istration: get it from?” I replied that the name “We never have the right to vote or to of the Syrian Arab Republic was reg- run for elections in any political stage istered on it but he mocked: “you are in Syria because we did not obtain ready to sell your family and your any documents proving our identity. honor for the sake of the citizenship.” These last four years, we have been

granted the right to vote and to run for elections by the Autonomous Ad-

45 Syrian Citizenship Disappeared

Aziz, maktum, is still exposed to embar- “I recall when I was in the primary rassing situations including the prohibition of school that some students used to accession hotels unless permission granted from mock me unintentionally because I the localHotels Department. am a maktum, I was also not permit- “In 1991, I travelled to Damascus and ted to participate in school activities I remained homeless until midnight such as the pioneer competitions ¹¹⁹6 because I wasn’t entitled to sleep and the Tala’i al-Ba’ath Camp, which in hotels. At last I managed to sleep led me to alienation, and I started to in a hotel with the mediation and feel that studying is useless. We have guarantee of a police officer. During been treated as strangers in our own 2003, 2004, and 2005 I took part in country. The situation outside al-Ha- the demonstrations held in protest sakah was far worse, the employees of depriving us from nationality but of government institutions and the the security apparatus arrested me ordinary people are not familiar with two or three times enquiring if I was the maktumeen issue, and when I Syrian to which I replied I was a Syri- tell them that I don’t have a Syrian an Kurd. They asked for a proof to be ID, they think I’m a foreigner.” Syrian expressing there was nothing called a Syrian Kurd, either to be Syr- Mahmoud Ahmad Khalil described one situation ian or to be Kurdish.” as cruel because of his previous legal status as ajnabi: Dlo Mohammed, a pseudonym, also pointed out “One day my father’s health situation she had faced several racist and humiliating situ- deteriorated and so we took him to ations because of her legal status as maktumah: Damascus and Aleppo for treatment. “The ajanib used to hold a red card We were forced to stay in the hotels as a proof of their identity and resi- but they were asking for a permission dence and some of the people were from the Hotels Management De- mocking it and called it the certificate partment. Since we were deprived of of the cows. For the maktumeen, that as well, we were forced to take we held only a paper on which the my father with us to the Hotels Man- name and date of birth were regis- agement Department to be granted tered, and stamped by the mukhtar. the permission. We often faced that So my friends were mocking it: “you problem because my father often got even don’t have the certificate of sick.” the cows!” That was painful but a Mohammed Amin Ramadan al-Mohammed was fact. During the years of my univer- not able to treat his mother who had cancer in sity study in Latakia, I faced difficulty a government hospital in Damascus because of in explaining the concept of ajanib their previous legal status as ajanib. He remem- and maktumeen to the employees bers when the employees at the hospital ex- of government departments as well pelled his mother and threw her papers in her as the ordinary people. They had no face: idea about the issue of the stateless, “I still remember how they called the and when they learned I am maktu- security guards for us and my moth- mah with no Syrian ID, they thought I er fainted and fell on the ground. I came from another country.” cried and thought about jumping and throwing myself from a storey For Rasheed Hussein, the status of maktumeen of the hospital but my brother pre- was harder than the ajanib’s, who, at least, had a red card proving their identity and place of resi- 119 It is one of the important activities held every year among primary schools in a specific area to discover the dence. He narrated one of the uneasy situations talents of the pupils in different fields of study like Mathe- he encountered for being maktum: matics, languages, art, , etc.

46 Syrian Citizenship Disappeared

vented me. Finally through media- mained a citizen while the other was tion, we managed to let our mother deprived of his citizenship and be- in the hospital as a doctor’s relative. came ajnabi, and in others the father During eight nights none of the doc- kept his Syrian citizenship but his tors entered her room to give her the wife and children lost theirs or the injection and we even purchased the other way round. I was classified as injections from outside the hospital maktumah, while my husband a cit- at high prices.” izen, and my father is maktum while my mother is ajnabiyah, and so are Siyamand Wahhab Wahhab also narrated an oc- my grandparents and uncles. There- casion which hurt his soul because of his previ- by, we, Kurds, became strangers in ous status as maktum: our own country, we born and die “When I was in sixth grade, a soc- illegally since births resulting from cer championship was organised marriages have no official records in among the primary schools located the personal status department, es- in Ras al-Ein/Sari Kani and I was the pecially if one of the parents is mak- first candidate pupil to present the tum. This census caused a humani- team of al-Sharqiya School. I did not tarian catastrophe that still continue find my name in the players’ list and up to now8¹²¹.” when I asked the sport teacher, who was also the coach, why, he replied Badi’ah Farhan Hasan told9¹²² STJ that the special that I was ajnabi and they could not census divided her family between maktumeen let me join because that was illegal and citizens. She is a Syrian national whereas her and might cause problems.7¹²⁰ It was husband and her four children are maktumeen. such a painful experience and made That made her feel sorrow on her children’s legal me feel inferior. The ajanib and mak- status as maktumeen which has not changed so tumeen were not allowed to partic- far despite the continuous attempts. ipate in all the activities outside the school. After that, I had the chance Rawdah Khalil Mohamed, was born in Amouda to participate in the second-class Syr- city, in al-Hasakah in 1974, and is married with ian league with the city’s youth team three kids who are maktumeen. She is a citizen but using another student’s name. but her children are deprived of citizenship. The management of the team forged “My suffering started when I got my name and registered it under the married to a man who was maktum name of another one who had the and I gave birth to three children. I Syrian nationality because I was the am a citizen but my situation is like forward player in the team.” maktumeen now because my chil- Stateless Kurds from Syria would also anguish dren are maktumeen and I can do over the safety of their family. Among the same nothing to help them. I tried hard to family, the 1962 census could arbitrarily classify demand for the right of the mother members as maktumeen, ajanib or citizens. to grant nationality to her children Narin Nawaf Mahmoud was born in Qamishli in but the Syrian law rejects that. My 1984. She stated that she belongs to a family children have grown up and are now whose members were classified maktumeen and young men working as freelancers. I ajanib by the 1962 census: feel they will have no future and end “It all started when the special cen- up like their father living in poverty. sus for al-Hasakah was conducted. Despite the Decree that granted Syr- The tragic irony about the census is 121 STJ's field researcher conducted a direct interview that in some families one brother re- with her in Qamishli/Qamishlo in March 2018. 120 Also known as the Martyr Mahmoud Al-Sheikh 122 STJ's field researcher conducted a direct interview Mahmoud School. with her in Qamishli in March 2018.

47 Syrian Citizenship Disappeared

ian nationality to the ajanib in 2011 2012, in order to submit it to the Per- and the numerous attempts we have sonal Status Department when the made to resolve their legal status, decree to grant nationality to mak- nothing has been done and they have tumeen would be issued. However, I

not obtained the nationality yet 10¹²³.” was deeply disappointed later in mid- 2012, when the same employees told The interviews conducted by STJ’s field research- me that the government wouldn’t er with more than 56 eyewitnesses of the Syrian grant citizenship to maktumeen, Kurds stateless showed that the majority were and that decree No. 49 mentioned deprived of access to senior positions in the state the ajanib only and didn’t extend to because they did not have any official records, the maktumeen. Since then, I have plus the majority reported they were excluded been to the Personal Status Depart- from exercising this right. ment several times to follow-up the matter, but with no result. However, by the beginning of 2018, some of my maktumeen relatives managed to obtain citizenship and received 16. Continuous Suffering the family book through a lawyer who has ties with the Syrian govern- despite the issuance of the ment, after paying 2 million Syrian 2011 Decree 49 pounds for every family book. They told me that it was the only way to 16.1 Desperate Attempts to Acquire the become citizens. Actually, I went to that lawyer and he told me that he Syrian Citizenship could help me get nationality legal-

ly, as he would change our legal sta- Our research shows that not all stateless Kurds tus from maktumeen to ajanib and managed to benefit from the 2011 presidential then to citizens, according to decree decree No.49 to acquire the Syrian nationality. No. 49 but in exchange for 2 million The victims we interviewed explained the maze Syrian pounds which did not include they entered when attempting to obtain the citi- the costs of the family book and the zenship, marked by the normalisation of bribery IDs of all the family members. But, and the ill will of the government employees. alas we don’t have any leverage, we Rasheed Hasan explained for STJ that he and ten are poor and have nothing to count of his family members are still maktumeen: on, thus we will remain stateless for “Following the issue of Decree No.49, more years, waiting for something to I submitted my papers to the Person- change.” al Status Department, and followed

them up for a full year, but all to no The witness Nasr al-Din Ardam confirmed to STJ avail. Every time I went there, the that he submitted his papers to the Personal employees told me that they had re- Status Department located in al-Hasakah city in ceived information explaining that 2012, hoping to resolve his legal status as mak- the Syrian government would grant tum but all his attempts did not work: citizenship to maktumeen after it got “On 4 May 2012, I submitted my pa- done with the ajanib. I waited for pers with those of my mother and more than a year, following-up the my 3 brothers to the Personal Sta- procedures. I renewed my identifi- tus Department in al-Hasakah. Once cation certificate at the Sharia Court again, the employees there told me in Ras al-Ayn/Sari Kani on March 24, that they will send them to Damas- 123 STJ's field researcher conducted direct interview cus and that I have to wait to re- with her in Qamishli in June 2018.

48 Syrian Citizenship Disappeared

ceive them back. While I was in the take in my papers that I had to mod- Department I ran into a person who ify. Actually, I have come to realise gave me the phone number of an that they do not want our legal sta- employee working in Damascus who tus to be resolved. Many maktumeen he claimed could help me resolve my have submitted their papers to no status. Indeed I contacted him and avail, only two maktumeen families, asked him about my documents and whom I know, managed to acquire my relatives’. He told me that one of the Syrian nationality but illegally

the them was sent to the Political Se- 11¹²⁴.” curity Branch in Damascus, and was not sent back, while the other docu- Moheiydin Me’o Musa went repetively to the ments were sent back to al-Hasakah Personal Status Department located in al- to be complemented. It was just like Hasakah to resolve his legal status as a maktum, a repeated cycle, and my attempts but failed. were to no avail. I contacted an em- ployee working at Damascus’s Per- Sanad Mohammed was born in Qamishli in 1980 sonal Status Department trying to and is now married with four children. He has bribe him in order to help me resolve made numerous attempts to resolve his legal sta- my legal status, but he told me that I tus as a maktum but the employees in the Per- had to resubmit my papers.” sonal Status Department kept on deleting some of his papers and asking him to modify others: “Every time, they asked me to sub- Narin Nawaf Mahmoud, a maktumah, tried to mit a new document. Once, they submit her papers to the Personal Status Depart- told me that most of my documents ment located in Qamishli in 2012, with the aim were invalid, so I came back and ap- to acquire the citizenship. None of her attempts plied again. It cost me a lot of time, worked because the employees kept on telling effort and money to request them, her that her papers would be sent along with and since then I have been follow- other people’s to al-Hasakah and then to Damas- ing up the matter but to no avail. So cus city. many ajanib managed to acquire the nationality, while we remained mak- Firas Salim Ali recalled for STJ that when he was tumeen.” following-up the procedures in the Personal Sta- tus Department located in Qamishli to resolve his Abdurrahman Ibrahim Ali, a maktum, also lost legal status as a maktum, the employees were al- hope of acquiring the nationality despite the re- ways telling him that they have no idea about his peated attempts he had made: papers except that they might be in Damascus “Following the issue of Decree No. or in al-Hasakah. He noted that a while ago, he 49, that granted nationality to ajanib, paid SYP 130,000 as a bribe in order to be able we heard that they would also accept to obtain the ID and the family book but nothing the papers of the maktumeen. worked. I headed with all of my family members Abdulqader Hasan, a maktum, testified that along with both my uncles’ families whenever he went to the Personal Status De- to the Civil Status Department in partment located in Qamishli to resolve his legal Qamishli/Qamishlo city to submit. status, the employees were always using the pre- There was an age assessment text that there are some mistakes in his papers: committee before which we should “Our attempts did not succeed.- Re appear. When it was my father’s cently, I went to the Personal Status turn, who is over seventy years old, Department, where the employees they asked us to bring a witness told me that there was another mis- 124 STJ's field researcher conducted direct interview with him in Qamishli in March 2018.

49 Syrian Citizenship Disappeared

older than him; someone who knows cipitated her decision to immigrate to meet her him well to remember his real age, a fiance: matter we have managed with great “I don’t want to stay here anymore. I difficulty. Although we have submit- just want to have the chance to trav- ted all the required papers, that did el and reunite with my fiancé and not work, and none of us who sub- marry far from here. I don’t want my mitted get an ID. “ children to experience the depriva- tion we did. I’ve been trying to trav- Venus al-Mohammed, an alias, made numerous el for a year now and join my fiancé attempts to resolve her legal status as maktumah, in Germany, but I still await for the and paid bribes to employees of the Personal permission from the German Embas- Status Department, but none of this worked. sy located in Irbil in Kurdistan region Mustafa Ouso, lawyer, explained to STJ that even that has yet to come because I am the ajanib, that the decree specifically addressed maktumah with no legal documents and granted the citizenship to, came across diffi- proving my personality.” culties to regularise their situation; “One of the obstacles faced by the Zahra Ramadan faced obstacles in the country ajanib included within Decree No. of asylum because of her legal status as ajnabi- 49 is that they had moved years ago yah, too. The troubles arose when she wanted from their places of origin to oth- to work on her papers and her children’s to reu- er areas such as Damascus, Alep- nite with her husband who was in Germany. She po among others. All of them were explains how the administrative formalities she forced to come back to al-Hasakah had completed in Al Hasakah proved to be fruit- province in order to resolve their less with regards to her official national status: legal status and complement the “All of us obtained passports from paperwork required for the regular- the Immigration and Passport De- isation. This, in turn, required birth partment located in al-Hasakah. certificates issued by the mukhtar, a Then we travelled to Turkey having security check and extra costs. The all our papers. My husband travelled decree states that the maktum of an by boat to Germany and sent a fam- ajnabi father can resolve his status ily reunion request to us. Unfortu- and become also ajnabi, along with nately I lost my passport in Turkey so his sons, if he provides proof of pa- I hired a lawyer in province to ternity.” issue passports for me and my little son. Prior to that we were harassed and exploited by offices and - per sons in Turkey who issued me forged 16.2. Anguish Even in the Countries of passports, and I knew later that they Asylum were used to do so; they probably had connections with the Syrian op- The lack of prospects urged countless stateless position. After that, the lawyer told Syrian Kurds to emigrate, especially between us that my husband and I were re- 2004 and 2011. Even then, their status ham- corded as ajanib and my children as pered their endeavour: suffering the restrictions maktumeen. At that point I gave the imposed on travelling abroad, many were forced power of attorney to my sister who to pursue dangerous smuggling routes and once was living in Syria to start correcting they reached the countries of asylum, hardships our official papers as it was evident and troubles started over again. that all the procedures done in al-Ha- Dlo Mohammed, a pseudonym, explained that sakah were not registered in the offi- the failure to obtain the Syrian nationality pre- cial records in Damascus at all. Then

50 Syrian Citizenship Disappeared

the helped us to re- 16.3. Concerns despite obtaining citizen- unite with my husband and complete ship the reunion papers.” Our research shows that obtaining the Syrian na- Similarly, Zahra Ramadan testified to STJ that tionality does not solve the issues of a lifetime some other families’ marriage documents were of discrimination. The victims we interviewed rejected in the countries of asylum because they pointed out that the Syrian war, that has been were issued from al-Hasakah, forcing them to ongoing for more than seven years, remains a send their relatives from al-Hasakah to Damas- burden once stateless obtain the citizenship. cus in the midst of the conflict to extract papers Zaher Farhan Ali described to Syrians for Truth recognised by European states. and Justice the concerns following obtaining the Amer Jamil Hameh was born in al-Darbasiyah in nationality. He was always afraid of being sent 1985. Like other people, he faced obstacles in to the reserve service within the Syrian army be- the country of asylum because of his previous cause of the deteriorated security situations in legal status as ajnabi and was separated from his Syria. wife for an extended period of time: Suleiman Hussein Amin explained that, in the “When I arrived in Germany, I faced midst of the war, obtaining the nationality ap- some difficulties following up my pa- pears as a poisoned chalice: pers as a refugee, and even more as “I desperately wanted to travel an ajnabi. They asked us, all refugees abroad. But even when I obtained from al-Hasakah, Deir ez-Zur, , the Syrian nationality, I could not, be- and Raqqa, to extract papers from cause I am wanted to complete the the Personal Status Department in obligatory military service12⁵.” Damascus specifically. That great- ly impeded and delayed the reunion The witness Abu Diar, an alias, alluded that the with my fiancée, who later became main challenges he faced after acquiring the Syr- my wife, since I did not have a regis- ian nationality was when attempting to register try in the official records there from several of his properties in his own name. The before 2011.” process, including the gathering of documents and witnesses, revealed lengthy and arduous. Hussein Ma’mi was born in al-Hasakah in 1984. Yalmaz Lukman Othman testified that although Deeply affected by the barriers he was facing as he obtained the Syrian nationality, he still feels a maktum, he decided to leave for Europe as a as a fourth-class citizen because every admin- refugee: istrative formality he conducts the government “I smuggled to Kurdistan first then to departments comes along questions on his pre- Germany, it took me, as a stateless, vious legal status as ajnabi. He added that he a long time to obtain a one year Ger- thought the Syrian government would compen- man residence permit while it took sate him if he acquired the citizenship but he was the Syrian citizen only 3 to 4 months wrong. Instead, the Syrian government took SYP to receive a 3 years one.” 150,000 from him in order to provide him with an ID. Once they leave Syria, stateless people have Shivan Hussein Amin summarized the challenges greater difficulty to obtain the Syrian nationali- he faced after acquiring the nationality, adding, ty. Indeed, according to Ibrahim Ali Basha, law- yer, the stateless refugees requesting to be re- “I had ambitions and hopes but they installed in their Syrian nationality are ordered all shattered because of my previous to go back to their place of records, that is the legal status. Now that I have the Syri- Personal Status Records located in al-Hasakah to an citizenship, I am unable to achieve do so. them because of the war.” 125 STJ's field researcher conducted direct interview with him in Qamishli in March 2018.

51 Syrian Citizenship Disappeared

He also addressed the gaps in the ongo- 16.4. If Time Could Just Run Backwards ing process towards granting citizenship to states people: Syrians for Truth and Justice enquired into The best solution would be to conduct a clear the type of reparations victims of this discrimi- serious census by the concerned authorities natory census would see fit to address the vio- with an international party to oversee it. So far, lations they have suffered. For a substantial part there are still ajanib and maktumeen who have of them, the granting of the citizenship is an not been granted the citizenship; many were ex- essential prerequisite. Suhaila Mohammed Ali, tremely affected because they either lost their who has not succeeded in obtaining the Syrian lands or they could not complete their academic nationality so far, explains: education.” “We have been deprived of all our Siyamand Wahhab Wahhab, who used to be an rights. The solution is only to grant ajnabi, explained how he benefitted from the the Syrian citizenship to the ajanib 2011 decree: and maktumeen. If time could just “We have sought for several years run backwards, it would have been a to become Syrian citizens in the last good compensation”. decade of the twentieth century and the first decade of the twenty-first For Dlo Mohammed, in addition to the mere century, but to no avail. When the reinstatement of their citizenship, the stateless presidential Decree 49 of 2011 was should benefit from financial and moral repara- issued to grant Syrian citizenship to tion. the stateless, we started the legal Aziz Pirro, maktum, alluded that there are some procedures. At first, we got the fam- Syrian Kurds who were born and died mak- ily book, then every person obtained tumeen. Acquiring the Syrian nationality is no his own ID like any other citizens”. longer an obsession of his. His main concern now is that his own children face not the same desti- For him, obtaining a Syrian ID was a turning point ny. in his life: “All I hope is that people of the re- “After that, we registered our house gion, being Arabs, Kurds, Christians, in the name of my elder brother af- and cease to be subject ter it had been registered for sever- to racism because of their ethnic al years in the name of my father’s or religious affiliation. The issue of friend. In addition I was exempted statelessness has created a great from the obligatory military service awareness on the concept of racism because I was born in 1991 and had because of one’s ethnic root. It not exceeded the age of mandatory mil- our fault to be born Kurds.” itary service at the time the decree issued. Previously we were denied to work in the public sector. Job op- portunities in some areas in the pri- vate sector were available but with low salaries as we did not have any documents proving our personality. In addition we were not entitled to own a land, a car, or a bank account. However, things are better since we have got the nationality. At the - be ginning of 2012, I opened a clothes shop, and can now support my elder brother.”

52 Syrian Citizenship Disappeared

The survey enquired into the priorities 17. Conclusion: maktumeen see as important. All the answers fo- cus mainly on the importance of the documents, including IDs and passports, among others. Al- In conjunction with interviews with eye- most as important was the focus on education. witnesses and victims for preparing the report, Then came answers related to financial and mor- STJ conducted a survey targeting random sam- al compensation. Some even alluded to the issue ple of stateless to explore their most important of rehabilitation and training. needs over the past decades of Syria age. The survey included 65 persons of the follow- The priorities of the persons who are still ajanib ing categories: maktumeen, former maktumeen were similar to that of the maktumeen in terms now citizens, ajanib, former ajanib now citizens. of documents, education and financial and moral All of them are distributed on different geograph- compensation. Some noted to the importance of ical regions primarily within Syrian territory and health insurance and the right to work within the outside Syria such as in Turkey, Kurdistan region, public sector. and the European countries of asylum. The survey was conducted between late July For the persons who used to be maktumeen but 2018 and late August 2018. Most participants have recently acquired the citizenship, as a re- descend from the following geographical re- sult of the 2011 Decree, priorities concerned on gions: al-Hasakah, Qamishli/Qamishlo, Amouda, completing their education after they were cut al-Darbasiyah, and Ras al-Ein/Sari Kani. off. The importance of financial and moral com- pensation arose as well. The ratio of male participants, over 18, was 72.1%, and the female participants, over 18, was For the ajanib who have recently acquired the 26.5%. The only case of a female under 18 rep- Syrian nationality as a result of the 2011 Decree, resented 1.05%. priorities concerned primarily on education and 10% of them had no education at all and were financial and moral compensation. illiterate. 18.3% of them got the primary stage certificate A general question was directed to all the partic- and completed sixth grade. ipants on other demands. Many mentioned the 18.3% of them got the elementary stage certifi- importance of deleting the cumulative legal pro- cate. cedures for the stateless, resolving their status in 30% of them got the secondary stage certificate, the countries of asylum, allowing the embassies known as Baccaluareate. and consulates to provide the stateless with the 5% of them graduated from two-year study in- required official documents, and apologising for stitutes. the harm that affected them. Additionally, they 18.3% of them got the university certificate. mentioned compensations for the properties None of them reached the postgraduate stage. seized after the census or the properties they 51.5% of them were born maktumeen. 47,1% of were deprived of after the redistribution of their them were born ajanib. There was only one per- lands to other Syrian citizens. Finally, they noted son whose legal status was changed after birth the importance to exempt stateless and new citi- from maktum to ajnabi. zens from the compulsory military service. 94.1% of the interviewees said their legal status did not change between 1962 and 2011, and For Nalin Abdo, lawyer, firstly it is possible to 5.9% said it had. learn about the extent of the detriment that af- 55% of the participants said their legal status did fected Syrian stateless or the need to compen- not change even after the Decree No.49 of 2011, sate them. This can be achieved through several but the rest said it did. legal texts within the Syrian law system including article 164 of the Syrian Civil Code that states that any “error” committed to the detriment of

53 Syrian Citizenship Disappeared another must be compensated by the responsi- • Engage in a reparation process, especially ble party. She argues that the detriment was not to acknowledge academic trajectory of state- limited to individual cases rather extended to less deprived of certificates; tens of thousands followed by tens of thousands • Reform the law, in order to cut out dis- of the new births13¹²⁶. criminatory provisions and ensure the legisla- “The Code of State Council (SY) arti- tion respect international standards; cle 9 No. 55 of 1959 states that Coun- • Reform the legislation to ensure that cil of State presented by only an ad- women can pass on their nationality to their ministrative Judicial body shall judge children, equally with men. the compensation claims for the de- cisions stipulated for in article 8 of the same code if the compensation 18.2 To the United Nations Human Rights claims were filed to the body under Council features compliance or originality.” • Request Syrian government to disclose all elements related to stateless Syrians among Abdo sees that exemption of a large part of males, all communities, including Assyrians, Arabs who were ajanib of al-Hasakah, from compulsory and Kurds; military service does not amount to a compensa- • Request a report from the Syrian govern- tion for thousands of families who suffered des- ment on the issue of statelessness; 14 titution, displacement and hardship ¹²⁷. • Establish an appropriate support for stateless people, addressing the peculiar vulnerabilities arising from their status with regards to the exercise of their basic human 18. Recommendations and rights, in particular repression, education and identity documents; Proposals:

18.1 To the Syrian Government: 18.3 To the United Nations High Commis- sioner for Refugees: • Accede to the 1961 Convention on the Re- • Take steps to fully address statelessness duction of Statelessness; as a distinct issue and start monitoring the • Take immediate action to implement 2011 evolution of statelessness; Decree and restore citizenship to all ajanib stateless who were deprived of their nationali- ty as a consequence of the 1962 census, as well 18.4 To UNICEF: as their descendants; • Address the obstacles stateless children • Take immediate measures to restore mak- face and implement online courses open to tumeen stateless in their citizenship; them and validated by recognised certificates. • Include in both processes stateless who fled Syria and moved abroad, by enabling them to submit their application online and allow Syrian consulates to receive their application; 18.5 To Mr Staffan de Mistura, Special Envoy for Syria: 126 Compensations for ajanib al-Hasakah. Walatî Me. • Address the issue of stateless Syrians, Thursday, 24 Ju, 2014. The lawyer Nalin Abdo. (last visi August 6, 2018). For more information please click including victims of the 1962 census, in the on http://www.welateme.net/erebi/modules. peace talks conducted in Geneva and Sochi. php?name=News&file=article&sid=17750#. W2hOpSgzbIW 127 Abbas Ali Mousa, "Are the Stateless Forgotten Again?", Good Morning Syria. February 12, 2018. (The article was received as Word file from the author himself).

54 Syrian Citizenship Disappeared

18.6 To Syrians non-governmental organ- isations: • Include stateless people in their endeav- ours related to human rights, reconstruction, and justice in order to create a space in the future society.

18.7 Universities: • Engage in a comprehensive study of statelessness in Syria in order to provide stakeholders with relevant knowledge.

18.8 To stateless people: • Organise, work together and connect from within Syria, refugee camps, and abroad to share resources and knowledge towards solving the obstacles they face as stateless.

55