Syrian Citizenship Disappeared
1. Executive summary:
In total, the number of stateless Syrian Kurds between 1962-2011, has reached more than 517
000.
The 5th of October 2018 marks the 56th
anniversary of the special census in al-Hasakah
province, northeastern
Syria, which is largely populated with ethnic minorities having different religious affiliations, including Assyrians,
Kurds, Arabs, Armenians, Chechens and others.Al-Hasakah was the only Syrian province in
which the census was conducted, in application
of Decree No. 93 of 23 August 1962 passed by
the so-called “Separatist Movement”, based on
Decree No. 1 of 30 April 1962 and the ministerial
decision, No. 106 of 23 August 1962. The now
known “Al-Hasakah 1962 Census” decree states
in its article 1:
The IDs that ajanib al-Hasakah
received
were
marked
with
placing
number 8 after the registration number: to read
8/xx.
«A general census is to be carried out in
al-Hasakah province in one single day.
The exact date will be more closely determined by an order from the Ministry of
Planning, at the recommendation of the
Interior Minister»
STJ had access to inside information
from official sources in the Personal Status Department of al-Hasakah, revealing that the number of the registered ajanib1/red card holders,
reached 346 242 in early 2011. 326 489 of them
managed to obtain Syrian nationality, while the
rest, 19 753, are still stateless.Regarding maktumeen2, the same source denied the Syrian government’s allegations on its lack of knowledge
of their numbers, noting that the Personal Status Department of al-Hasakah used to rely on
the records of the makhateer3 during the previous decades, who were responsible of issuing
identification certificates for the maktumeen.
The number of maktumeen, has reached more
than 171 300 as of 2011, 50 400 of whom obtained Syrian nationality after resolving their
legal status by becoming ajanib and then Syrian citizens. However, some 41 000 maktumeen
were unable to rectify their legal status owing
to problems encountered by the Personal Status
Separtment during the registration process, and
there are still less than 5 000 people who chose
not to submit.
1 Sing. ajnabi/ajnabiyah, literally »foreigners« i.e. stateless. unregistered stateless people.
2 Sing. maktum/maktumah, i.e., unregistered stateless
people.
3 Sing. Mukhtar, i.e. the head of the neighborhood.
Following the onset of peaceful protests
in Syria, which demanded sweeping reforms in
the country, Decree No. 49 was issued on 7 April
2011, and has been announced on the official
website of The Syrian People’s Council under the
title “Granting Syrian Arab Nationality to those
Registered as ajanib in al-Hasakah”. The decree
states:
Article 1: individuals who are registered
as ajanib in the al-Hasakah province shall
be granted Syrian nationality.4
Article 2: the Minister of the Interior shall
issue the decisions containing the executive instructions to this decree.
Article 3: This decree shall enter into force
on the day of its publication in the Official
Journal.
Several months after the issuance of
Decree No. 49 of 2011, a ministerial decree of
nationalizing maktumeen was reported. The
Personal Status Department employees, however, told submitters that it was not yet in effect,
and they actually didn’t know which department
would take it over.
Unlike citizens, Syrian Kurds, who were rendered
stateless by the 1962 census, suffer deprivation of their most basic civil, political, social and
economic rights. Some of them had a lifetime
of statelessness, having no certificates proving
their born nor death.
Like other Syrians, Kurds have been subjected to serious human rights violations during
the past decades, but as an ethnic minority,
they suffer identity-based discrimination, such
as restrictions on the use of Kurdish language
and on practicing Kurdish culture. In the view of
many Kurds, the Kurdish issue goes further beyond than just claiming citizenship, as it seeks
the Kurds’ national, political, cultural and social
rights, which are safeguarded by the international human rights instruments
4 Ajanib means foreigner in Arabic
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