Confiscation of Passport
19
790
Total:
24. Being denied consular assistance and services results in individuals being denied access
to other rights, including the right to birth registration,11 to obtain documents and to
enter your own country.12 Those denied consular services do not have access to legal
recourse due to a lack of due process standards.
Statelessness among Syrian refugees
25. In 2017, UNHCR reported 117 stateless persons in Turkey. However, as a result of the
Syrian Civil War, Turkey hosts approximately 3.6 million Syrians by May 2019,13 many of
whom are at high risk of becoming stateless. According to the Turkish Parliament’s
Refugee Subcommittee, there were around 311,000 children of Syrian origin who had
been born stateless in Turkey by 2018.14 As Turkey does not currently provide these
children unconditional birth-right citizenship, these children face denial of their right to
acquire a nationality and risk being made stateless.
26. In 2014 Turkey passed a new law - the Regulation on Temporary Protection - applying
exclusively to Syrian refugees, and providing them with temporary status and
protection. Under this law, time spent in Turkey under temporary protection may not
be interpreted to count towards the fulfilment of the requirement of five years’
uninterrupted legal residence as a precondition for applications for Turkish citizenship
by naturalisation.15
27. Discriminatory nationality legislation in Syria, which does not guarantee women the
right to transmit their Syrian nationality to their children; the loss of documentation due
to the Syrian conflict; and the lack of birth-right citizenship in Turkey all combine to deny
children’s right to a nationality and create the risk of statelessness for children born to
Syrian refugees in Turkey.
28. Article 8 (1) of the Turkish Citizenship Law entitles children born in Turkey that are
unable to acquire citizenship from the mother or father, to acquire Turkish citizenship
at birth. However, in practice the law has not be applied adequately to Syrian children
who were born in Turkey. The Turkish Minister of Interior stated in January 2019 that
there were 53,099 naturalised Syrians in Turkey, including persons who arrived on
residence permits prior to 2011. This figure rose to 79,894 as of March 2019.16
29. Children born to Syrian refugees face a heightened risk of lifetime statelessness
particularly where procedural safeguards to identify and determine statelessness and
related barriers to removal are not sufficient. It must be noted in this regard that every
11
See CRC Article 7.1.
See ICCPR Article 12.4.
13 https://data2.unhcr.org/en/situations/syria/location/113
14 See for example: https://www.refugeenewsturkey.org/single-post/2018/03/09/More-than-300k%E2%80%98stateless%E2%80%99-Syrian-babies-born-in-Turkey-should-be-granted-citizenshipimmediately%E2%80%9D
15 https://www.asylumineurope.org/reports/country/turkey/naturalisation-0
Art 11 (1) (b) of the Turkish Citizenship Law No. 5901 (12/6/2009).
16 Mülteciler Derneği, ‘Türkiyedeki Suriyeli Sayısı Mart 2019’, 28 March 2019, available in Turkish at:
https://bit.ly/2FycEVd.
12
6