uried alivestateless kurds in syriaAs a whole, Kurdsin Syria continueto face obstaclesto securing theirbasic rights.introductionStateless Kurds in Syria are virtually invisiblepeople. Numbering about 300,000, thisgroup is in a unique situation in relation tothe larger Kurdish population. There areno exact figures for the number of Kurds inSyria because of the political implicationsof over- or underestimation, although it isgenerally believed that between 8 and 15percent of the country’s population of 18million is Kurdish. About half of them livein the northeast section of the country(Hassakeh and Jazeera) and in Afrin andnorthern Aleppo. The other half is dispersedthroughout the urban centers of Damascusand Aleppo. In addition, large numbers ofSyrian Kurds are living in Lebanon andthroughout Europe.As a whole, Kurds in Syria continue to faceobstacles to securing their basic rights. Thelegacy of the state’s “Arabization” andnationalism campaigns of the 1960s and70s, conducted with the objective of gainingcontrol of all internal social spheres byrestricting political and civil rights in thename of internal stability, continues to thisday. Discriminatory regulations ban use ofthe Kurdish language Kermanji (including inconversation, publications, the names ofchildren, and place names), cultural displays(such as playing Kurdish music), and theformation of Kurdish civil and politicalgroups. The creation of a Kurdish autonomouszone in Iraq pushed the Kurdish issueto the forefront in Syria where statelessKurds seek citizenship and recognition as amajor group in the country.The main obstacle to a solution of thenationality question is political. Over theyears, the government has failed to recognizethe size of the problem in order topreserve the domination of political andsocial life by the ruling party of the Al-Assadfamily and its allies, who represent theinterests of the Arab majority. The denialof citizenship is part of a broader effort toprevent any legal expression of Kurdishnationalism on Syrian soil. Some Syrianofficials deny that any problem exists,maintaining that only a small number offamilies live without nationality. Only whenthe stateless Kurds in Syria have been fullynationalized and the broader issue of theKurdish place in Syrian political, social, andeconomic life has been addressed can peaceand security within Syria be realized.The Creation of StatelessKurds in syriaThe majority of Kurds are divided betweenTurkey, Iraq, Iran, the former Soviet Union,and Syria. Some of Syria’s Kurds becamestateless when a census was conducted in1962 in the Hassakeh governorate underDecree No. 93. An estimated 120,000 peopleor about 20 percent of Syrian Kurds losttheir citizenship, a number which has sincemore than doubled to approximately300,000 at present. Many persons who losttheir nationality also later lost rights to theirproperty, which was seized by the governmentand used for the re-settlement ofdisplaced Arabs. The Kurds whose land wasseized were not compensated for theirlosses. Moving Arabs onto this land ensuredthat a strong barrier of Arabs existed alongthe border of Turkey between the Kurdsliving in Turkey and in Syria.The census reflected a political agenda toArabize the northeast, an area rich in naturalresources, and to identify recent illegalmigrants from Turkey. To retain their citizenship,Kurds had to prove residence in Syriadating from 1945 or before. Implementationof this order went awry. Even Kurds withproof of residence lost their nationality;others were compelled to pay large bribes toretain it. One man stated, “The grave of my<strong>BURIED</strong> <strong>ALIVE</strong>: STATELESS KURDS IN SYRIA
grandfather is here in Syria; our family hasbeen here for over 100 years, but we lost ournationality in 1962.” To this day manyfamilies have members who are nationals andothers who are not. Fathers have nationality,while their children do not; one man hasnationality while his brother does not. Manystateless Kurds also report having familymembers who served in the Syrian militaryand whose nationality was then rescindedupon completion of their service.The results of the census of 43 years agocontinue to cause great suffering. “You can’timagine the condition of people without anationality,” one man said. “It violatesinternational laws to which Syria is a signatoryand Syrian domestic law itself.”According to documentation prepared by theUN High Commissioner for Refugees, Article3 of the Syrian Nationality Act stipulates that aperson is considered legally Syrian if he orshe is:a) Born inside or outside the Syrian ArabRepublic of a Syrian father;b) Born inside the Syrian Arab Republic of aSyrian mother but never proven legallydescendant of his father;c) Born inside the Syrian Arab Republic ofunknown parents, parents with anonymousnationality or parents with no nationality.Foundling children in the Syrian ArabRepublic are considered Syrian born (andregistered in the area they are found in)unless proven otherwise;d) Born in the Syrian Arab Republic and wasnot able at birth to acquire (by virtue ofpaternity) foreign nationality;e) One who is originally Syrian but neitheracquires another nationality nor applied forSyrian citizenship within the appointedtimes of previous legislations. This Articleapplies even if date of birth of concernedperson is prior to the date of this legislationcoming into force.The law also states that Syrian nationalityshall be given to foreigners by special decreeafter a written application proving that theapplicant:• Is legally competent;• Has lived in the Syrian Arab Republic forfive consecutive years;• Is free from infectious diseases and physicaldisabilities hampering him from work;• Is of good repute;• Has not being previously convicted;• Has a specialty or experience incertain fields;• Has fair knowledge of written andspoken Arabic.As it has in the past, once again this summerthe Human Rights Committee, the body ofindependent experts that monitors implementationof the International Covenant onCivil and Political Rights by its State parties,called on Syria to “protect and promote therights of non-citizen Kurds.” The EuropeanUnion has also sent a letter signed by severalmember states to President Al-Assad urginghim to rectify this prolonged situation.Fundamental HumanRights DeniedThe difficulties faced by stateless Kurds inSyria are numerous, despite Syria’s obligationsas a signatory to the Universal Declarationof Human Rights, the InternationalCovenant on Civil and Political Rights, theConvention on the Rights of the Child, andthe International Convention on the Eliminationof All Forms of Racial Discrimination.Individuals have irregular access toeducation, health care, livelihoods, travel,property ownership, judicial and politicalsystems, and registration of businesses,marriages, and children. They cannot vote orrun for public office.“You can’t imaginethe condition ofpeople withouta nationality.”www.refugeesinternational.org