Syrian Citizenship Disappeared The 1962 census was part of discriminatory policies against Syrian Kurds pursued by successive Syrian governments, before and after conducting it. The Syrian senior lieutenant Mohammed Talib Hilal published in 1963 a booklet entitled A Study of the Jazira Province from National, Social and Political Aspects, in which he proposed the internal displacement of Kurds, their marginalization, changing their civil records, blocking their work opportunities, or pitting them against each other.30 8.3. Other property-related policies have further complicated the Kurdish issue in Syria Kurdish activists and politicians keep echoing that the exceptional census was part of an elaborate plan to reduce Kurdish presence in Syria along the border in major population centres. The first decree that put restrictions on the constitutional right to own property is the Legislative Decree No. 193 of 1952, passed on the grounds of the risks that arise from people suspected to have property adjacent to the border, and to ensure the safety of the State. Article 1 prohibits the building, transferring or amending of the land located in the border areas. This includes leasing, joint ventures or contracting for agricultural investment for longer than three years.31 A special decree followed, to redefine the border area and include the town of al-Hassaka. This obliged everyone to have the licensing for these transactions.32 30 The senior lieutenant Mohammed Talib Hilal, “ A Study of the Jazira Province from National, Social and Political Aspects,” published by the Amouda Center for Kurdish Culture. (Last visit 11 August 2018). http://www. amude.net/erebi/mihemed-taleb-hilal-lekolin.pdf; See: Houshneek Ousi, “The Kurdish Political and Cultural Life in Syria, 1898-2017 (1)”, The Kurdish-Swedish Center for Studies, 6 January 2018. (Last visit: 11 August 2018). https://www.nlk-s.net/%D9%87%D9%88%D8%B4%D9%8 6%D9%83-%D8%A3%D9%88%D8%B3%D9%8A-%D8%A7 %D9%84%D8%AD%D9%8A%D8%A7%D8%A9-%D8%A7% D9%84%D9%85%D8%AF%D9%86%D9%8A%D9%91%D8 %A9-%D9%88%D8%A7%D9%84%D8%B3%D9%8A%D8%A 7%D8%B3%D9%8A%D8%A9/ 31 The legal committee of Yekîtî Kurdish Party in Syria, “Legislative Decree No. 49 issued on 10/9/2008 and its historical and practical backgrounds, its effects and objectives”, Welatê Me, Sunday 12 October 2008. (Last visit: 6 August 2018) http://www.welateme.net/erebi/modules. php?name=News&file=print&sid=4540 32 Ibid. Decree 193 describes the procedure to obtain legal authorisation. This entailed a request to the administration of the Ministry of Agriculture, that will refer the proposal to the Ministry of Defence, that will, in turn, approve or decline it. The Ministry of Interior then sends it to the intelligence security services for checking. Then, the Minister for Agriculture passes a decree in respect of the request of the person who wants to modify or transfer his rights, and decides on any further stages that need to be completed. A negative reply is unequivocal, and is not subject to recourse to any review or appeal.33 The process of obtaining a licence, according to Decree No.193, takes no less than a year, not mentioning efforts and money, which makes the ownership of an agriculture land in this province virtually impossible.34 In 2004, Act 41 replaced the 1952 Decree 193, but maintained the same approach, and provided that the punishment for offending parties will be up to two years imprisonment and a fine of 100,000 Syrian Pound35. Syrian Kurds hoped for its abolition. On the 10 September 2008, and without any mention in the official journal, Legislative Decree No. 49 amended the regulation, preventing reconstruction without municipal licence. Ironically, the municipality could not deliver the licence without a decision by the court, the same court having no jurisdiction to statute on land property, therefore leaving the licence virtually impossible to obtain.36 33 34 35 36 Ibid. Ibid. Ibid. Ibid. 13

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