The Stateless Kurds Of Syria
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Quantitative Evaluation - Acquisition of I.D.
Firstly, the access to citizenship will be assessed in light of Decree 49 from
April 2011, which introduces the naturalization process.14 Since a more extensive analysis of this specific measure is available elsewhere,15 present focus will
be limited to a consideration of the number of its ‘beneficiaries.’ Based on survey questions asked of Syrian Kurdish refugees in Domiz camp (KR) by UNHCR
Iraq during 2013, 92 percent of those claiming to have ever been registered as
ajanib were now Syrian nationals.16 94 percent of ajanib had attempted to
benefit from the provisions of Decree 49, with an impressive success rate of
98 percent. There was much lower incidence of maktumin, only 7 percent of
those surveyed, and of these, 77 percent considered themselves still to hold no
Syrian or other nationality.17
A priori there is no reason to assume that statelessness would be more or
less prevalent among Syrian Kurds outside the camp in the rest of the Kurdistan
Region. This implies that while most maktumin (though surprisingly few in
number were surveyed)18 continue to be excluded, Syrian nationality for ajanib
had become remarkably accessible. Nonetheless, it is necessary also to consider the impact Decree 49 and its related naturalization have on perceptions
of national identity for Syrian (stateless) Kurds, and to evaluate newly acquired
citizenship within the present Syrian context of civil war.
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Article 1 of presidential Decree 49 issued on April 7 2011 ‘grants Syrian Arab citizenship to
registered “foreigners” in Hassaka.’ The decree contains no criteria for how the process
would be carried out.
Albarazi (n 10) 18–22; McGee (n 11) 95–104.
Given the political sensitivities in contacting stateless Kurds in Syria, and their scattered
distribution in Turkey and the Kurdistan Region, it was not possible to approach the large
number of subjects that would be necessary to gain meaningful statistical data. Since this
is beyond the scope of work for a single researcher, I am particularly grateful to UNHCR
Iraq for sharing its quantitative data on the subject. This data was collected through a
mobile survey conducted by UNHCR partners with 1974 individual Syrian Kurds over a
period of 5 days. Of these, 579 individuals had at some point been registered as ajanib
(29% of the sample). Only 51 of these still held ajnabi status at the point of questioning.
Of the 1974 individuals surveyed, only 132 responded to having ever been maktumin, of
which 101 remained so by the time the survey was implemented.
The figure is surprisingly low given previous estimates for the prevalence of maktumin in
Kurdish society in Syria: Kurdwatch, Stateless Kurds in Syria: Illegal Invaders or Victims of
a Nationalistic Policy? (Report 5, Kurdwatch, 2010): <www.kurdwatch.org/pdf/kurdwatch
_staatenlose_en.pdf> accessed 13 August 2013. Evaluating this result, however, is beyond
the scope of the present study.
tilburg law review 19 (2014) 171-181