Syrian Citizenship Disappeared
tion.64 The report reveals that among families,
brothers presenting the same situation ended
up being classified differently, or that families
paying bribes were able to influence the fate of
their situation.65 With only a few exceptions, the
census resulted in only Kurds being deprived of
their nationality, reinforcing the discriminatory
and arbitrary character of the policy.66
15.1.2 Nationality as a prerequisite to
claim human rights
Although international human rights are
theoretically universal, states implement these
civil, political, economical, cultural and social
rights, and most of the time decide to limit their
benefit to their citizens. Thus, French law reserves the right to vote to French nationals over
18. But while being a foreigner can impact one’s
exercise of their theoretically universal human
rights, being deprived of any citizenship, and documentation, goes beyond this point, and threatens the mere existence of stateless. The inability
to prove one’s identity impacts every aspect of
stateless people’s life, from their childhood to
their right to transmit their land and property to
their heirs. Nationality is therefore an elementary prerequisite for rights holders to exercise their
human rights, leaving stateless people unable to
enjoy them.67 As such, the right to a nationality
can be understood as the essential rights among
all.
Our study explores this aspect of statelessness, and reveals how the lack of nationality prevents rights holders from exercising their
rights at all stage of life. From an early age, children in school are discriminated on the basis
of their statelessness, resulting in the denial of
64 Zahra Albarazi, The Stateless Syrians (Tilburg:
Tilburg Law School Legal Studies Research Paper Series,
2013)
65 Syria: the silenced Kurds. New York: Human Rights
Watch, 1996, accessed September 2018. https://www.hrw.org/
sites/default/files/reports/SYRIA96.pdf
66
Stateless Kurds in Syria: Illegal invaders or victims of a nationalistic
policy?. Berlin: European Center for Kurdish Studies, 2010, accessed
September 2018. http://www.kurdwatch.org/pdf/kurdwatch_staatenlose_en.pdf
67 Jack Donnelly, Universal Human Rights in Theory
and Practice (Ithaca: Cornell University Press, 2013)
22
their right to an education. Later, stateless are
prevented from exercising the profession they
would aspire to. Deprived of their nationality,
they cannot endorse public functions, and denied the certification of classes they have nonetheless pursued, they cannot access positions in
their field.
Their right to property is also denied, as
well as the right to travel and exercise political
rights such as voting or being elected.
Ultimately, not only are the rights of
stateless people violated, but also their mere
participation in the society jeopardised by their
status.
The 2011 Decree No. 49 aims at granting the nationality to stateless, but none of the
texts, annexes or commentaries indicates any
form of financial or moral reparation for the
people harmed between 1962 and 2011, or
mentions any procedure that the Syrian Kurds,
either ajanib or maktumeen, could refer to in
their countries of asylum, in case they wished to
resolve their legal status. Tens of thousands of
maktumeen and ajanib have migrated to several
countries seeking better lives, and have encountered difficulties when it came to proving their
legal affiliation to Syria. Maktumeen, however,
remained the most aggrieved, tens of thousands
of them still being deprived of their Syrian nationality.
15.2. A Glimpse of the Rights Which the
Stateless Are
Deprived of
Unlike citizens enjoying Syrian nationality,
Kurds who were stripped of their citizenship under the 1962 special census, have been deprived
of their basic civil, political, social, and economic
rights. Some of them lived and died stateless, in
the absence of any birth or death certificate acknowledging their existence.
For Ashraf Sino, lawyer, the most accurate denomination is “the nationality-stripped