Syrian Citizenship Disappeared
In September 2013, during the weekly
cabinet meeting, the Syrian Council of Ministers
ratified a “draft law to exempt those who were
granted the Syrian nationality -according to the
provisions of Legislative Decree No. 49 of 2011
on granting the Syrian nationality to the Kurdsfrom the 5-year period condition to acquire the
citizenship”.60
15. Between two decrees,
49 years of continuous agony:
15.1 The right to a nationality
Everyone has the right to a nationality.
No one shall be arbitrarily deprived of his nationality nor denied
the right to change his nationality.
Article 15 Universal Declaration of Human
Rights
Everyone has the right to nationality. No
one shall be arbitrarily or unlawfully deprived of his nationality.
Article 29 Arab Charter on Human Rights
15.1.1 The right to a nationality, a basic
human rights
The concept of nationality emerged with
the rise of international law, traditionally dated
back to the 1648 Peace of Westphalia, as a result
of the rise of international order. First meant to
regulate relationships between states, nationality started impacting individuals only later, with
the rise of human rights.61
60 Sawsan Zakzak,”Kurds of Syria 1962-2011: The
Long Road from Census to Citizenship”, Legal Agenda,
30 December 2015, see: http://legal-agenda.com/en/article.php?id=3117 (Last visit: 6 August 2018).
61 Alice Edwards and Laura van Waas, “Introduction,”
in Nationality and statelessness under international law
eds Alice Edwards and Laura van Waas (Cambridge:
Cambridge University Press, 2014)
It became one of the first rights to be
proclaimed, as part of the 1948 Universal Declaration of Human Rights (UDHR), the elementary
human rights instrument encompassing general principles of law, and the 1966 International
Covenant on Civil and Political Rights (ICCPR)
later reaffirmed the rights for children to acquire a nationality. Regional instruments joined
the movement and enshrined the right to a nationality, such as the 1969 American Convention
on Human Rights or the 2004 Arab Charter on
Human Rights (ACHR).62 Two international conventions address statelessness in particular, the
1954 Convention Relating to the Status of Stateless Persons, and 1961 the Convention on the
Reduction of Statelessness.
The prohibition of arbitrary deprivation
of nationality, that is based on discrimination, is
therefore considered a general principle of international law.63
In its 1996 report, Human Rights Watch
demonstrated the arbitrariness of the campaign
of denationalisation, that was part of a broader
campaign of arabisation of northeast Syria by
successive Arab nationalist governments. The
conditions of the census, presented as aiming
at “eliminating alien infiltrators” from the civil registers, reveal that the procedure was used
to deprive large numbers of Syrian Kurds from
their nationality. The census was, indeed conducting in the Al Hasakah province, known for
being home of a large Kurdish population, and
required residents to prove that they had lived
in Syria at least since 1945 during a single day,
meaning that anyone not being able to join was
systematically deprived of their nationality. Additionally, the level of documentation required
to certify one’s nationality went to such extent
that it constituted obstacles to their registra62 Article 5 of the International Convention on the
Elimination of All Forms of Racial Discrimination (1965),
Article 7 of the Convention on the Rights of the Child
(1989), Article 29.1 of the Arab Charter on Human Rights
(2004)
63 Alice Edwards, “The meaning of nationality” in
Nationality and statelessness under international law eds
Alice Edwards and Laura van Waas (Cambridge: Cam�
bridge University Press, 2014);Jorunn Brandvoll, “Depri�vation of nationality: Limitations on rendering persons
stateless under international law,” in Nationality and
statelessness under international law eds Alice Edwards
and Laura van Waas (Cambridge: Cambridge University
Press, 2014)
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