STATELESS KURDS in SYRIA Table of Contents

A POWERFUL VOICE FOR LIFESAVING ACTION

BURIED ALIVE

stateless

Maureen Lynch & Perveen Ali Acknowledgments We would first like to offer a true “thank you” to each family and individual who willingly and courageously told us their story. Appreciation is also due everyone who provided support for the original field visit on which this project is based and who helped in the production of this report.

In addition, we would like to acknowledge the assistance of Mr. Sherkoh Abbas, a representative for Syrian Kurds in the U.S., who contributed much to the information gathering, field logistics, and editorial comment on documents produced for advocacy on behalf of stateless Kurds.

Maureen Lynch and Perveen Ali

er, and Bernice Romero for their interest and support.

Cover photo: A stateless Kurd in Syria holds his Ajnabi “red card” (on the right) and the identity document belonging to his Maktoumeen wife (on the left).

JANUARY 2006 BURIED ALIVE: STATELESS KURDS IN SYRIA Table of Contents

Overview...... i

Introduction...... 1

The Creation of Stateless Kurds in Syria...... 1

Fundamental Human Rights Denied ...... 2

The Right to a Nationality & an Identity...... 3

The Right to Education ...... 3

The Right to Employment ...... 4

The Right to Health...... 5

The Right to Marry ...... 6

The Right to Own Property ...... 6

The Right to Freedom of Movement...... 7

Human Smuggling & Trafficking ...... 7

Arbitrary Detention & Torture ...... 8

Relationship with UN Bodies...... 9

Resolving the Problem ...... 9

Refugees International’s Recommendations...... 10

www.refugeesinternational.org overview Syria is at a critical crossroads, faced with a timely opportunity to maintain stability and security in the country by realizing the nationality and its concomitant rights of all residents. In particular, an estimated 300,000 stateless Kurds live within the country’s borders, but are in a unique situation in relation to the larger Kurdish population due to a 1962 census that led to their denationalization.

The lack of nationality and identity documents means that stateless Kurds, for all practical purposes, are rendered non-existent. Their basic rights to education, employment, property ownership, political participation, and legal marriage are severely limited, relegating them to the outermost margins of Syrian civil society. “It is like being buried alive,” said one man. “Promises are made In an attempt to mitigate the desperation of their plight, some Kurds have begun to mobilize by the authorities, themselves to advocate for their recognition. Others take tremendous risks to leave Syria but in practical illegally and seek opportunities abroad. However, those caught may be deported back, impris- oned, and subjected to harsh treatment. Individuals who actively tried to change the situation life there are for stateless Kurds have also been detained and tortured.

no changes.” In his speech on November 10, 2005, President Bashar Al-Assad of the Syrian Arab Republic said that he wants to resolve issues of nationality in the Hassakeh region. “We will solve this issue soon in an expression of the importance of national unity in Syria.” But over the years, many government promises about resolving the plight of stateless Kurds have been made and broken. “Promises are made by the authorities, but in practical life there are no changes,” one stateless man told Refugees International.

While the Syrian government deserves credit for decades of assistance to hundreds of thousands of Palestinians, and now to the growing number of Iraqi refugees present on their territory due to the ongoing crisis in Iraq, it must recognize in a concrete way the rights of hundreds of thousands of individual Kurds within its own borders who have been arbitrarily denied the right to Syrian nationality. The Syrian government needs to repeal all draconian restrictions on the free expression of Kurdish cultural identity and grant citizenship to individuals who lack it.

President Al-Assad needs to make good on his promises now. For only when the stateless Kurds in Syria have been fully nationalized and the broader issue of the Kurdish place in Syrian political, social, and economic life has been addressed can peace and security within Syria be realized.

Refugees International recommends that:

The Government of Syria

• take immediate and concrete steps to fulfill the promise to grant citizenship to all individuals lacking effective nationality in accordance with Article 3 of the Syrian Nationality Act and international law.

• repeal all laws and decrees which deny Kurdish people in Syria the right to enjoy their own culture and language.

• Begin a program of reparations and development for Kurds who lost property and status in 1962 that is at the same time sensitive to the rights of Arab occupants.

i BURIED ALIVE: STATELESS KURDS IN SYRIA • ensure every child born in Syria has the right to acquire a nationality and is not stateless.

• enact legislation to permit passage of nationality from mother to child.

• Become party to the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Prevention of Statelessness.

The UN High Commissioner for Refugees • Broaden its focus and operations to include stateless persons in addition to refugees as mandated.

• Work with the Syrian government to end statelessness in the country, including affected Only when the Kurds. stateless Kurds • Provide relief consistent with its agency mandate to address stateless people. in Syria have been • identify a staff team to work actively on ending statelessness in Syria. fully nationalized • Open UNHCR branch offices in regions of the country where statelessness is most severe. and the broader issue of the The United States & Concerned Governments • establish a clear policy on Kurds in Syria, urging the Syrian government to resolve the Kurdish place in statelessness issue. Syrian political, • refuse to become party to agreements with Syria until the fundamental rights of Kurds are social, and upheld, particularly the EU’s formation of the Mediterranean Partnership with Syria. economic life has • include more details on conditions faced by stateless persons in annual human rights reports. been addressed

• support the development of civil organizations, including ones to achieve greater communi- can peace and cation and understanding between Syrian Arabs and Kurds. security within Syria be realized.

www.refugeesinternational.org ii buried alive stateless kurds in syria

introduction interests of the Arab majority. The denial of citizenship is part of a broader effort to Stateless Kurds in Syria are virtually invisible prevent any legal expression of Kurdish people. Numbering about 300,000, this nationalism on Syrian soil. Some Syrian group is in a unique situation in relation to officials deny that any problem exists, the larger Kurdish population. There are maintaining that only a small number of no exact figures for the number of Kurds in families live without nationality. Only when Syria because of the political implications As a whole, Kurds the stateless Kurds in Syria have been fully of over- or underestimation, although it is nationalized and the broader issue of the in Syria continue generally believed that between 8 and 15 Kurdish place in Syrian political, social, and percent of the country’s population of 18 economic life has been addressed can peace to face obstacles million is Kurdish. About half of them live and security within Syria be realized. in the northeast section of the country to securing their (Hassakeh and Jazeera) and in Afrin and basic rights. northern Aleppo. The other half is dispersed The Creation of Stateless throughout the urban centers of Damascus Kurds in syria and Aleppo. In addition, large numbers of The majority of Kurds are divided between Syrian Kurds are living in Lebanon and Turkey, Iraq, Iran, the former Soviet Union, throughout Europe. and Syria. Some of Syria’s Kurds became As a whole, Kurds in Syria continue to face stateless when a census was conducted in obstacles to securing their basic rights. The 1962 in the Hassakeh governorate under legacy of the state’s “Arabization” and Decree No. 93. An estimated 120,000 people nationalism campaigns of the 1960s and or about 20 percent of Syrian Kurds lost 70s, conducted with the objective of gaining their citizenship, a number which has since control of all internal social spheres by more than doubled to approximately restricting political and civil rights in the 300,000 at present. Many persons who lost name of internal stability, continues to this their nationality also later lost rights to their day. Discriminatory regulations ban use of property, which was seized by the govern- the Kurdish language Kermanji (including in ment and used for the re-settlement of conversation, publications, the names of displaced Arabs. The Kurds whose land was children, and place names), cultural displays seized were not compensated for their (such as playing Kurdish music), and the losses. Moving Arabs onto this land ensured formation of Kurdish civil and political that a strong barrier of Arabs existed along groups. The creation of a Kurdish autono- the border of Turkey between the Kurds mous zone in Iraq pushed the Kurdish issue living in Turkey and in Syria. to the forefront in Syria where stateless The census reflected a political agenda to Kurds seek citizenship and recognition as a Arabize the northeast, an area rich in natural major group in the country. resources, and to identify recent illegal The main obstacle to a solution of the migrants from Turkey. To retain their citizen- nationality question is political. Over the ship, Kurds had to prove residence in Syria years, the government has failed to recog- dating from 1945 or before. Implementation nize the size of the problem in order to of this order went awry. Even Kurds with preserve the domination of political and proof of residence lost their nationality; social life by the ruling party of the Al-Assad others were compelled to pay large bribes to family and its allies, who represent the retain it. One man stated, “The grave of my

BURIED ALIVE: STATELESS KURDS IN SYRIA grandfather is here in Syria; our family has The law also states that Syrian nationality been here for over 100 years, but we lost our shall be given to foreigners by special decree nationality in 1962.” To this day many after a written application proving that the families have members who are nationals and applicant: others who are not. Fathers have nationality, while their children do not; one man has • is legally competent; nationality while his brother does not. Many • Has lived in the Syrian Arab Republic for stateless Kurds also report having family five consecutive years; members who served in the Syrian military and whose nationality was then rescinded • is free from infectious diseases and physi- upon completion of their service. cal disabilities hampering him from work; “You can’t imagine The results of the census of 43 years ago • is of good repute; continue to cause great suffering. “You can’t the condition of imagine the condition of people without a • Has not being previously convicted; people without nationality,” one man said. “It violates • Has a specialty or experience in international laws to which Syria is a signa- certain fields; a nationality.” tory and Syrian domestic law itself.” • Has fair knowledge of written and According to documentation prepared by the spoken Arabic. UN High Commissioner for Refugees, Article 3 of the Syrian Nationality Act stipulates that a As it has in the past, once again this summer person is considered legally Syrian if he or the Human Rights Committee, the body of she is: independent experts that monitors implementation of the International Covenant on a) Born inside or outside the Syrian Arab Civil and Political Rights by its State parties, Republic of a Syrian father; called on Syria to “protect and promote the rights of non-citizen Kurds.” The European b) Born inside the Syrian Arab Republic of a Union has also sent a letter signed by several Syrian mother but never proven legally member states to President Al-Assad urging descendant of his father; him to rectify this prolonged situation. c) Born inside the Syrian Arab Republic of unknown parents, parents with anonymous Fundamental Human nationality or parents with no nationality. Rights Denied Foundling children in the Syrian Arab The difficulties faced by stateless Kurds in Republic are considered Syrian born (and Syria are numerous, despite Syria’s obliga- registered in the area they are found in) tions as a signatory to the Universal Declara- unless proven otherwise; tion of Human Rights, the International d) Born in the Syrian Arab Republic and was Covenant on Civil and Political Rights, the not able at birth to acquire (by virtue of Convention on the Rights of the Child, and paternity) foreign nationality; the International Convention on the Elimi- nation of All Forms of Racial Discrimina- e) One who is originally Syrian but neither tion. Individuals have irregular access to acquires another nationality nor applied for education, health care, livelihoods, travel, Syrian citizenship within the appointed property ownership, judicial and political times of previous legislations. This Article systems, and registration of businesses, applies even if date of birth of concerned marriages, and children. They cannot vote or person is prior to the date of this legislation run for public office. coming into force.

www.refugeesinternational.org Statelessness affects every part of daily life. reported being arrested for possessing no “Our condition is worse than that of a legal documentation and was in prison for criminal,” a man from Qamishli said. “They three months. Another reported being can own a car or house. We can’t.” A young harassed by the police who called him names woman told RI, “When I was young, I was and tore up his white paper in front of him. not sensitive to my status. Now I know it “The Maktoumeen have the worst situation will affect my education, my job, and my you can imagine,” one person told RI. marriage.” The births and deaths of some Maktoumeen (individuals lacking identity “We want humanity. We want respect as documents; the term is defined as “hidden” human beings,” one man said. “Syria is a by some and “unregistered” by others) go country of Kurds and Arabs.” “Even with “After finishing unrecorded and their murders are report- these conditions, we live for this change,” edly not investigated or prosecuted as a agreed another. university, the result of their status. They are people who painful life began. never existed. One young stateless man The Right to Education summed up this treatment in a single We saw our statement: “The Syrian government wants to The Syrian government recognizes the right erase us.” of Kurdish children to primary education, classmates and but not to primary education in their native Kurdish. Stateless Kurds face difficulties friends get jobs and The Right to a Nationality & an Identity enrolling in secondary schools and universi- buy houses, Most denationalized Kurds and their ties, and Ajanib were reportedly not descendents are labeled Ajanib (“foreigners”) permitted to enroll in universities until after according to their and issued red identity cards by the Ministry 1978. Enrolling in university proves nonetheless to be an arduous task, as Ajanib lessons… Now I am of Interior, stating they are not Syrian nationals and are not entitled to travel. Even are required to obtain a report from state 43 years old. I am a some children listed on red cards are listed security in order to attend university and under the statement, “His name was not in again upon graduation. This report contains lawyer by training, the survey of 1962,” an irony given that they information about the student’s parents, travels, friends, and political involvements. but I, my wife, and were born long after the date of the census. Replacing such documents or obtaining them Maktoumeen sometimes use the name of a children work in a for the first time poses particular problems, national or foreigner so they can study, as they often involve paying large bribes of up albeit illegally. shop moving heavy to SYP 3,000-5,000 (US $60-100) and Kurdish students study with Syrian Arab approaching several branches of security for appliances.” textbooks and are compelled to recite authorization over the course of months or versions of history that contribute to their even years. invisibility in the country. Stateless univer- A significant number of statelessK urds in sity students generally do not have the right Syria do not possess even this identity to participate in school activities such as document and are effectively invisible. athletics teams, social clubs, or competi- Maktoumeen now number between 75,000 tions or to pursue their professions after and 100,000. At one time, they were able to graduation. Even those Ajanib who do obtain certified “white papers” recognizing manage to enroll, find it impossible to their identity from their local mayor’s office obtain employment in many of their fields (a Mukhtar or traditional village head), of expertise. Ajanib are restricted from although these papers were not recognized government jobs and the practice of law, legally by the government. However, this pharmacy, or medicine and practice other practice has now ended under special orders professions such as teaching or engineering from the Syrian government. One man in severely restricted ways.

BURIED ALIVE: STATELESS KURDS IN SYRIA It is next to impossible for Maktoumeen to have nothing,” a Maktoumeen man told RI. access higher education. Not only must the “Because our life is hard, we think only of children go through considerable adminis- how to eat.” trative processes and delays in registering for primary education, but they must also obtain In rare cases in which the state is facing a permission from state security to attend shortage in a particular profession, the secondary school. Maktoumeen children do government makes arbitrary exceptions. For not receive a diploma from secondary school, example, a shortage of teachers in Qamishli preventing their university enrollment. led the government to permit hiring stateless Some parents even report listing their Kurds as teachers on a part-time or day children under the names of relatives who laborer basis, meaning that they had no have nationality in order to facilitate their contract and benefits and could be terminated One man stated, access to school. at any time. In another case, the need for more engineers led the government to permit “Kurdish people No stateless Kurds, even those at the top of stateless Kurds to work as engineers on want to return to their class, can access government scholar- government projects, but this program was ships for post-graduate education abroad, terminated after two years when it was their lands, but are and unlike Syrian nationals, they cannot deemed they were no longer needed. One receive government loans or stipends for man reported actually obtaining government instead obliged to their undergraduate university education. In employment, but after one year, they discov- migrate to cities to addition, stateless Kurds with a disability ered that he was Maktoumeen, fined him, cannot obtain state-funded special education. and fired him from his job. Private hotels and work and live One young Kurdish girl was prevented from restaurants are required now by law to consult going to a school for disabled children state security before hiring any Kurds. miserable lives.” because she is Maktoumeen. A young Maktoumeen man was reported as having As a consequence, it is not uncommon to find the highest marks in his high school class, a doctor who sells tea on the street, a lawyer but upon graduation was not provided with a who works as a barber, a man who was diploma and unable to apply for college. He educated as a teacher transporting flour sacks, is now working selling tea in front of the and another who left his family in the University of Damascus, where he had northeast region to work in a Damascus hotel dreams of one day attending. Another restaurant. Earnings for such work average Ajnabia woman remembers how her Arab around SYP 6,000 (US $120) per month, primary school teacher would humiliate her nearly half of which must go to pay rent for in front of her class by asking, “Where is housing and barely supports a family of four your father really from?” for more than two weeks. One man stated, “If I work night and day, I will gain nothing, just survive.” The Right to Employment With limited access to employment, a Due to the inability to find employment, one majority of stateless Kurds in Syria works two Syrian Kurdish man explained how he lost his to three jobs at any given time in the informal citizenship in the 1962 census, but then in sector or practices professions without a 1975 agreed to sign a statement that he was a license or in an extremely limited capacity. Syrian Arab in order to retain rights associ- They cannot practice agriculture on the land ated with Syrian citizenship. This was an which was taken from them. Moreover, most option offered by the Syrian government in stateless Kurds are not permitted to become the late 1970s to some of the Ajanib who lost members of professional labor unions, with their nationality in 1962; however, most the exception of the Engineers’ union on a Ajanib refused as a matter of principle, and limited basis. “I work night and day, but still the practice was effectively ended by 1980.

www.refugeesinternational.org Unlike the Maktoumeen, Ajanib can obtain in this neighborhood has been associated drivers licenses and cash checks, but neither with increasing levels of petty crime, poor are permitted to open bank accounts or academic performance, isolation, and obtain commercial drivers licenses. One depression amongst Kurdish youth. Maktoumeen man reported receiving paychecks or entering into contracts for work The Right to Health under the name of a friend who has nationality in order to be able to receive and cash Stateless Kurds are prohibited from accessing paychecks at banks. Syrian public health services or hospitals as either employees or patients, although in Another Maktoumeen man described how some rare emergency cases, they may be “Once I needed companies often exploit Maktoumeen labor granted limited admission. They are instead due to lack of documentation. He stated, “I forced to seek the services of private doctors to travel from had contracted with a government-owned and health clinics, where costs can be Qamishli to company to do a construction job laying prohibitive and the numbers of which are telephone lines with a crew of men that I limited. Many stateless Kurds report how it is Damascus to hired. The company agreed to pay me SYP common for them to use the identity cards of 85,000 (US $1,700), but after we finished friends or relatives who are nationals in order receive medical the work, the company refused to pay me. to obtain public health care. In Kurdish areas treatment, but They said that I do not possess an identity there are no specialized hospitals, so patients card and therefore cannot receive a pay- must travel outside the northeast for care. A the bus company check. Now I have to find some other way to young man, who was shot during the days of pay the men who I hired for this project.” unrest that followed a March 12, 2004 refused to issue incident in a Qamishli stadium in which live Economic consequences of limited access to me a ticket; so I ammunition was used against unarmed the labor market and lack of trust in the Kurdish civilians after clashes between Arab had to buy a ticket education system compel many Maktou- and Kurdish fans erupted, said he would not meen children to work picking cotton, be alive except for Kurdish doctors who using the identity selling cigarettes or lottery tickets, cleaning helped him in a private clinic. windows, shining shoes, working as porters, card of a relative and helping in mechanic shops. Many child Another stateless Kurdish man reported who has Syrian laborers are exploited in the market and having a life-threatening injury, which cannot forced to pay the police bribes in order to be treated in Syria. He stated, “The Syrian nationality,” one continue their work. A number of these government refused to issue me with a travel children suffer from ailments connected with man explained. document that would enable me to seek poor nutrition, such as anemia and rickets. treatment abroad, even though my disease cannot be treated in Syria. Once, when I was Many stateless Kurds residing in the north- unable to walk due to my illness, I sent my east have also been compelled to move into wife to obtain a bus ticket for me to travel to a larger urban centers such as Damascus, hospital in Damascus to receive care. When Homs, Hama, or Latakia to find work in the she approached the bus station, they refused informal sector. In the neighborhood of Wad to sell her a ticket for me because our El Mashariya Zor Ava, on the outskirts of marriage is not officially registered, and she Damascus, for example, nearly 2,000 thus has no legal relation to me.” stateless Kurdish families, many of whom work in construction, are living in settle- There is also concern about psychological ments constructed without legal building problems developing amongst stateless permits. Most of these families have relatives Kurdish youth. One parent said, “The youth and close family members still living in the see the Arabs and see themselves. They don’t northeastern region of Syria. Unemployment have money. There is no place for the

BURIED ALIVE: STATELESS KURDS IN SYRIA children to play. They stay at home. Their children on family identity cards and even study is not good.” A 25-year-old man who prevents husband and wife from sharing a works in food service told how he witnessed room in a hotel. It is sometimes difficult to a birthday party in the restaurant with cake obtain birth certificates for children when and much jubilation. He cried to himself the parents do not have a marriage certifi- that he had never had and would never have cate. Many Kurdish families who have the opportunity to celebrate his own birthday Syrian nationality refuse to allow their that way. At the heart of the culture of children to marry Ajanib or Maktoumeen frustration that has developed among the for these reasons. Kurdish youth lies several concerning elements that could breed future instability, Other Kurds feel that status should not be including intellectual repression, cultural an issue when it comes to marriage, as the “I am very much resentment, and economic disparity. Kurds as a group must demonstrate solidarity. One Syrian Kurdish national in love with a stated, “I sympathize with them; I must woman, but her The Right to Marry persuade all Kurdish citizens not to refuse Official marriage registration is a particu- this kind of marriage. We see this as the father refused to larly painful point for many stateless Kurds. whole community’s problem, even though Male nationals who marry women who are only about 10 percent of us are stateless.” A allow us to marry, father of seven said, “My first daughter who Ajanib may register their marriages and telling me that pass their status to their children. All other has nationality married a stateless man as a marriages, such as those between Ajanib way to solve his problem because he could because I have and Maktoumeen or a marriage between a then register their property in her name. A stateless man and a woman who is a Syrian stateless woman reported leaving the no nationality, country illegally to marry and register under national, cannot be registered officially, even I have no future… if a court decree is obtained recognizing the a different family name. “When she comes marriage. One man reported that he was here [Syria], she isn’t our sister,” her blood To this day we both only able to legalize his marriage after brother said. twelve years of approaching different remain single.” branches of security and obtaining a court The Right to Own Property decree recognizing the marriage. Ownership and registration of businesses Married couples in such families are listed and property is also difficult. With no on their identity cards as “single,” which nationality, Kurds cannot obtain property poses problems for the registration of deeds or register cars or businesses.

Can their marriage Can their children WIFE HUSBAND be legally registered? be legally registered? Maktoumeen National NO YES—under father Maktoumeen Ajanib NO YES—under father Maktoumeen Maktoumeen NO NO Ajanib National YES YES Ajanib Ajanib NO YES—under father Ajanib Maktoumeen NO NO National National YES YES National Ajanib NO YES—under father National Maktoumeen NO NO

www.refugeesinternational.org Ironically, they are still required to pay Many stateless Kurds report difficulties in property taxes to the government on the land traveling within Syria’s borders as well. In the they do not legally own. Some register their past, they were required to obtain permission property under the names of friends or from state security for internal travel, but relatives who are nationals to circumvent recently have been permitted to travel these issues. Yet this arrangement forces internally with more freedom. However, they them to rely upon the good faith of such still report being stopped and interrogated by persons, and the problem still remains that police, forced to obtain permission if they are they cannot pass on ownership of property to students, and prevented from staying in their children. One man described how he hotels without permission from state security. sold his house, but the new owner is unable As noted above, married couples are not One woman de- to move in because the current tenants who allowed to sleep in the same room in hotels are renting the house refuse to leave, and he because they are listed as “single” on their red scribed a man who has no legal recourse to evict them due to his cards. Many Maktoumeen are prevented from went with people lack of registered legal ownership of the staying in hotels at all due to lack of an property. identity document. Those without any smugglers: “On the documentation often face trouble in obtaining Individuals who marry Syrian nationals bus tickets and are questioned by the police, way, he was ship- often register property under the names of even after producing a birth certificate their spouses. Passing the property title on to wrecked and left on verifying their birth in Syria. their children is dependent upon how closely an island with 25 the spouse’s family adheres to custom. In There are additional problems for Ajanib some instances of divorce, the spouse with who wish to change their residence. Unlike other people and nationality will retain the house, even if the Syrian nationals, they must obtain permis- stateless spouse purchased it. In other cases, sion from state security in order to change with little food or many stateless Kurds are living in houses their place of residence. One young univer- water for 14 days… registered to the names of previous Arab sity student in Aleppo was required to do owners, even though they paid money to this when he wished to move out of the They knew they were purchase them because they cannot register student dormitory. the title under their names. Hence, their going to die and security is subject to the good graces of the The restrictions on movement are a grave began digging their sellers and the government to whom they disadvantage, preventing possible economic, often pay large bribes. academic, cultural, and civil society projects graves by hand. within the Kurdish community and in Syria as a whole. Furthermore it contributes to the They were rescued The Right to Freedom of Movement culture of frustration that has characterized a by an Australian Stateless Kurds are unable to obtain travel large portion of the Kurdish population in documents for purposes of travel outside of Syria. The obstacles to free movement have pilot who happened Syria, regardless of whether it is for study, enhanced the risk of regional discontent and travel, attending funerals or family gather- instability. to be flying over ings, or obtaining urgent medical treatment. the island…” One example cited was that of two Kurdish Human Smuggling & Trafficking musicians who were prevented from traveling with their troupe to attend a music Having few options to ensure basic survival festival outside of Syria. The International and experiencing depressed relative develop- Committee of the Red Cross has agreed that ment, some stateless Kurds seek their it might be possible to issue travel docu- opportunities abroad. One estimate offered to ments with an invitation from abroad and Refugees International was that up to 50,000 Syrian government approval. Kurds have now left Syria, the majority of whom are stateless. While no official statistics

BURIED ALIVE: STATELESS KURDS IN SYRIA are available, it is said that most families have application, was sentenced to two years in had at least one member smuggled to another prison by the high security court and country. Foreign officials confirm that severely tortured. The average length of individuals making asylum requests say they detention for seeking political asylum abroad use traffickers to arrange their departure. was reported to be three to six months. Another man died on the road while fleeing Smugglers usually send from 50-100 people Syria, and the government refused to allow abroad at a time. There was a cited example of his body to be returned to his family in Syria. one person who was able to obtain a Syrian passport with a SYP 1 million bribe (US One young Ajnabi student described a family $20,000) paid to the government. Another he knows with five children who went with person described how his son plans to go with people smugglers to Egypt and were left The authorities people smugglers to Germany because he had stranded there for six months until they a medical license but is unable to practice agreed to pay the smugglers SYP 1 million accused M. Jamil of legally as a doctor in Syria. With no travel (US $20,000) to go to Europe. They were being an opposition documents, individuals take tremendous afraid to return to Syria because they feared risks attempting to leave Syria, entrusting arrest and prolonged detention. member: “You Kurds their safety to human smugglers and paying sums between SYP 150,000 and 600,000 are living on our Arbitrary Detention & Torture (US $3,000 to 12,000) per person. They risk land as guests. You death, deportation, and imprisonment as Some Kurds have been subjected to arbitrary consequences. One stateless family, who was detention and torture as a consequence of are living in our caught in Cyprus and deported back to Syria, their efforts to rally for the political and legal spent more than three months in prison until recognition of stateless Kurds in Syria. In country, but are they could bribe their way out. Another man July 2005, following the children’s demon- against us... We spent a year and a half in prison, where he stration for the rights of stateless Kurdish was tortured and was rumored to have been children in Syria in front of UNICEF, eight saved you from killed. Many have died at sea in shipwrecks or accompanying adults were detained. One while detained in prisons. former detainee explained how he was the Turkish regime, tortured and kept in solitary confinement for and now you want Some stateless Kurds attempt to leave the fourteen months. Another said his captors country with false passports in order to study put shoes in his mouth and on his head. rights. People and practice professions. One woman They tortured him with electric shock and by described how her brother went to Kazakh- using “the chicken,” a technique that without nationality stan to study dentistry. He purchased an involves stretching the persons out along a in Syria do not Iraqi passport for US $200, added his photo, long rod, binding the hands and feet at and left Syria. He is now unable to return to either end, and then rotating them. exceed 5–10 Syria because the false passport has expired. Another man went to Russia on an illegal In 1992 M. Jamil, an Ajnabi lawyer inter- families.” passport to study medicine and received a viewed by Refugees International, was license to practice. He returned to Syria and arrested for his alleged involvement in a was arrested at the border. His family had to campaign to return nationality to the families pay hefty bribes for his release. of stateless Kurds who were deprived of it in 1962. Ajanib and nationals alike participated Some returnees who have red cards escaped in the protest by posting banners and signs Syria, sought political asylum in Europe, demanding the stateless Kurds be given their were rejected for refugee status, and then rights and nationality in Syria, and more deported back to Syria where they were than 300 people were arrested, many of reportedly detained and tortured. One man, whom were sentenced to up to three years in deported from Germany after a failed asylum prison. Mr. Jamil was detained without

www.refugeesinternational.org charge and tortured by a gang of five men to foster considerable despair, hopelessness, almost to the point of death in order to force and unrest. Thousands of highly educated a confession from him. He was verbally and qualifiedK urds who have much to offer abused, beaten and punched, brutally kicked to Syrian development now wait on the in his back, raped with a bottle, forced into a sidelines to become full-fledged and integrat- tire, electrocuted multiple times with wires ed members of Syrian civil society. They have attached to his genitals and toes, starved, and much to offer the country in terms of psychologically tortured. He suffered professional capacity, and this vast pool of unconsciousness and severe injuries to his human resources is currently being wasted. spinal column and eye as a result. He was tortured along with six other accused people, As an intermediary step, the UNHCR, which “The world has three of whom were Ajanib; one man was has a mandate for stateless persons, should nearly 60 years old and bled from the rapes be playing a proactive role in advocating for shut its eyes to our for nearly five days. Mr. Jamil was kept for 21 the protection of Kurds without nationality in Syria, but has yet to act assertively on their problem.” days in a 70 inch by 66.3 inch room, sometimes in solitary confinement and other behalf. The UNHCR told Refugees Interna- times with another person. tional that they did encourage the Syrian government to resolve the stateless problem upon the President’s recent visit to Hassakeh. Relationship with UN Bodies However, there has been no evidence of “The world has shut its eyes to our problem,” follow-up other than a promised government declares a stateless Kurd. Syria and the world initiative to grant citizenship to 30,000 community, led by the United Nations High stateless persons, which was frozen after the Commissioner for Refugees (UNHCR), must Qamishli uprising. The government report- take concrete steps to end statelessness. Many edly conducted a confidential census of stateless Kurds reportedly fear approaching stateless Kurds in the northeast earlier this the UNHCR due to perceived political year, but no numbers have been officially connections between the United Nations and released. the Syrian government. This was largely exacerbated by the July demonstration held in Ultimately, however, it is the obligation of the front of UNICEF, when stateless Kurdish chil- Syrian government to take steps to rectify this dren and their relatives marched there asking serious and growing problem. The Syrian for the recognition of their rights and were government should grant citizenship to all met with police brutality and arrests. There individuals lacking effective nationality in was no intervention on the part of any UN accordance with Article 3 of the Syrian office or official, even after agencies were Nationality Act and with international law. In approached by relatives of the demonstrators an effort to support their integration into for assistance in securing the release of the Syrian society after citizenship is granted, RI eight men who were detained. encourages the Syrian government to begin a program of reparations and development for Kurds who lost property and status in Resolving the Problem 1962 and promote the recognition of For purposes of ensuring both human rights Kurdish culture and language within Syrian protection of stateless Kurds and the political society. It is also critical to ensure that Kurds stability of Syria and the larger Middle have equal opportunities for local participa- Eastern region where Kurds reside, it is tion. Equality will help facilitate unity. critical that Syria take steps now to reinstate To prevent statelessness from injuring the nationality to both the Ajanib and Maktou- security of the nation in the future, RI urges meen. Economic and social marginalization the Syrian government to ensure that every amongst this population is increasingly likely child born in Syria has the right to acquire a

BURIED ALIVE: STATELESS KURDS IN SYRIA nationality and is not stateless. One opportu- • ensure every child born in Syria has the nity to achieve this goal is to enact legislation right to acquire a nationality and is not to permit passage of nationality from mother stateless. to child. Furthermore, RI encourages Syria to become party to the 1954 Convention • enact legislation to permit passage of Relating to the Status of Stateless Persons nationality from mother to child. and the 1961 Convention on the Prevention • Become party to the 1954 Convention of Statelessness. Relating to the Status of Stateless Persons and the 1961 Convention on the Preven- The EU has put further pressure on the tion of Statelessness. Syrian government this year to reinstate the nationality of the denationalized Kurds, It remains to be including the Maktoumeen. They must The UN High Commissioner for Refugees seen whether there maintain their insistence that the problem • Broaden its focus and operations to be rectified. In addition, the Syrian Kurdish include stateless persons in addition to will be concrete diaspora in the U.S. is becoming increas- refugees as mandated. ingly active in seeking non-violent solutions follow-up on these to issues faced by national and stateless • Work with the Syrian government to end Kurds alike. statelessness in the country, including af- guarantees or fected Kurds. In November, President Al-Assad again whether they will • Provide relief consistent with its agency made a public speech announcing his remain promises intention to resolve the problem of Kurds mandate to address stateless people. denationalized in the 1962 census. However, unrealized. • identify a staff team to work actively on it remains to be seen whether there will be ending statelessness in Syria. concrete follow-up on these guarantees or whether they will remain promises unreal- • Open UNHCR branch offices in regions ized for a sizeable number of the Kurdish of the country where statelessness is most population living in Syria. severe. refugees international’s The United States & Concerned recommendations Governments Refugees International recommends that: • establish a clear policy on Kurds in Syria, urging the Syrian government to resolve The Government of Syria the statelessness issue. • take immediate and concrete steps to • refuse to become party to agreements fulfill the promise to grant citizenship to with Syria until the fundamental rights all individuals lacking effective nationality of Kurds are upheld, particularly the EU’s in accordance with Article 3 of the Syrian formation of the Mediterranean Partner- Nationality Act and international law. ship with Syria.

• repeal all laws and decrees which deny • include more details on conditions faced Kurdish people in Syria the right to enjoy by stateless persons in annual human their own culture and language. rights reports.

• Begin a program of reparations and • support the development of civil organiza- development for Kurds who lost property tions, including ones to achieve greater and status in 1962 that is at the same time communication and understanding sensitive to the rights of Arab occupants. between Syrian Arabs and Kurds.

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