2021
Statelessness & Citizenship Review
3(1)
27,000 political opponents — leaving them stateless. 229 Children of political
opponents are still forced to live in exile and denied Syrian citizenship. 230
Historically, denationalisation policies have been largely used to target specific
minorities who, despite possessing the citizenship of the country of residence, are
considered as foreigners to the community. 231 According to the United Nations
High Commissioner for Refugees, more than 75% of the world’s stateless
population are from minority groups. 232 It is on this basis that the Kurds of Syria
were denationalised in 1962, with the stated purpose of identifying ‘illegal
migrants’ clearly being a facade. 233 In a response to a report from Human Rights
Watch documenting the situation of stateless Kurds in Syria, 234 Syrian authorities
argued that, around 1945, many Kurds from Turkey had ‘infiltrated’ Syria. 235 This
dehumanising language reflects the disdain of Syrian authorities towards the
Kurdish community. 236 All successive Syrian governments have persecuted and
discriminated the Kurds, both in the law and in practice. 237 Indeed, history
illustrates this strong link between ethnic-based discrimination and citizenship
stripping. During World War I, Australia, for example, excluded Japanese citizens
from naturalisation because they were considered as ‘ethically undesirable’. 238 In
Nazi Germany and fascist Italy, denationalisation procedures were used against
political opponents 239 and as part of an ethnic cleansing process targeting
homosexuals, the Jewish community and Roma people. 240
Likewise, the recent resurgence of denationalisation procedures within in
Europe has been criticised for targeting dual nationals, thereby creating a group of
‘second-class citizens’. 241 Overall, denationalisations practices in Syria should be
read in conjunction with anticolonial history, rather than as a simple product of
discrimination and arbitrariness. Citizenship stripping was theorised within
Europe and introduced in Syria during colonial rule. Moreover, denationalisations
practiced by European states have served as a model to the Syrian legislation, in
an effort to target citizens deemed ‘undeserving’ of state protection.
229 Manaa (n 62).
230 ibid.
231 Audrey Macklin, ‘The Return of Banishment: Do the New Denationalisation Policies Weaken
232
233
234
235
236
237
238
239
240
241
Citizenship?’ in Rainer Bauböck (ed), Debating Transformations of National Citizenship
(Springer Cham 2018) 164.
‘This Is Our Home’: Stateless Minorities and Their Search for Citizenship (Report, UNHCR
2017)
<https://www.unhcr.org/ibelong/wpcontent/uploads/UNHCR_EN2_2017IBELONG_Report_ePub.pdf> 1.
McGee and Albarazi (n 213) 32.
Syria: The Silenced Kurds (Report, Human Rights Watch October 1996)
<https://www.hrw.org/sites/default/files/reports/SYRIA96.pdf> (‘The Silenced Kurds’).
Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties
under Article 44 of the Convention — Concluding Observations: Syrian Arab Republic, CRC,
UN Doc CRC/C/SYR/CO/3-4 (9 February 2012).
‘Yatasalla’luna’ in Arabic can be translated to ‘they infiltrated’.
The Silenced Kurds (n 234).
Institute on Statelessness and Inclusion, ‘Citizenship Stripping in the National Security
Context: The Principles on Nationality Deprivation’ (YouTube, 19 March 2020)
<https://www.youtube.com/watch?v=cv2znM9_fVk> (‘Citizenship Stripping’).
Philip W Bennett and Andreas Peglau, ‘The Nazi Denaturalization of German Emigrants: The
Case of Wilhelm Reich’ (2014) German Studies Review.
Citizenship Stripping (n 238).
Laura van Waas and Sangita Jaghai-Bajulaiye, ‘Stripped of Citizenship, Stripped of Dignity?
A Critical Exploration of Nationality Deprivation as a Counter-Terrorism Measure’ in
Christophe Paulssen and Martin Scheinin (eds), Human Dignity and Human Security in Times
of Terrorism (TMC Asser Press 2020).
30