Aşkın 235
that he is a Syrian citizen due to his father. In other words, with the requirement to be born in
Turkey, people who do not acquire citizenship in any country are open to the interpretation of
whether they will receive Turkish citizenship directly. However, this law article may cause
controversy about the status of “Syrian” children born in Turkey.
While the aforementioned article is open to interpretation, the competent authorities in Turkey
think in the direction that their children will be a direct Syrian citizen because the homeland of
parents is known (Gale, 2016, p. 24). In a parliamentary debate that confirms this situation,
Süleyman Çelebi, a member of Parliament, raised the issue of Syrians’ transition to Turkish
citizenship, and Muammer Güler, the interior minister of the period, answered the question. Güler,
on the basis of Article 8 of the constitution, reminded them of the law; “The child, born in Turkey
and unable to gain citizenship from any country due to its foreign parents and fathers, is a Turkish
citizen by birth”. He also interpreted that “the children of Syrian refugees, born in Turkey, are not
in the question of gaining Turkish citizenship because they gain Syrian citizenship due to their
parents5“. With this statement, children born in Turkey from a Syrian mother and father are also
considered as Syrian citizens in a de facto sense, although not registered. Even though the
registration process is being carried out in Turkey, the fact that the registered Syrian children have
not a State where they are citizens puts them directly under a stateless position. In the
conceptualisation of de facto statelessness mentioned above, their citizenships, which are reduced
to the verbal level, do not have any legal reciprocity. Therefore, the registration system in Turkey
is literally the product of an initiative aimed at ensuring the supervision, safety, and coordination of
Turkey in its internal affairs. This is particularly affecting individuals born as refugees or who have
not been able to obtain the right to citizenship even though they born in their country and cannot
prove it on a legal basis. In this regard, registration is a detection system that is used to prove that
the person exists. At this stage of the process, it is observed that the problem of registered
statelessness has emerged. “Registered statelessness” refers to the registration of the existence of
persons born on the territory of another country and bound to a State as de facto. For this reason, to
reach basic needs, the priority is concentrated in registration rather than citizenship. In other words,
the problem of citizenship remains in second place with their registration so that the persons can
stay at the borders of Turkey and benefit from the services offered to them. However, as mentioned
in detail below, the Syrians in Turkey encounter some institutional problems at the registration of
their newborn babies, but at some points, they seem reluctant.
In Turkey, Syrian children are mostly born in hospitals. In the hospital, therefore, a birth of
notification is given in accordance with the expression of the mother or father, including the name
of the baby, date of birth, place of birth and the information of the parents. With this document
taken from the hospital, a person goes to the migration directorate of the province. However, in
normal circumstances, the mother’s declaration is not sufficient, but the father’s information
documents including (birth registration certificate, ID, passport, etc.) or the father himself must be
present during the declaration. Otherwise, registration will not be made. In spite of this, considering
war conditions and fundamental human rights in Turkey, and in case of need, a certificate of
registration is given to the baby after just verbal engagement, and the opportunity to benefit from
the health, social services, and education is provided.
5
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