Statelessness Working Paper Series No. 2016/02
from the benefits of citizenship provided to the ajanib.22 Approximately 5% of refugees randomly
sampled in Domiz camp as part of a 2013 assessment conducted by REACH organisation were found
to be maktumeen.23 Considering this finding in view of the almost quarter million total Syrian Kurdish
refugee population in the Kurdistan Region indicates the likelihood of a considerable maktumeen
population.
Secondly, the necessity for all applicants to be present in Syria in person has left ajanib outside the
country unable to benefit from the decree.24 Those based in KR-I may well be nervous that should they
travel back to Syria in order to try and acquire nationality, this could affect their legal situation as
refugees and present bureaucratic challenges when attempting to return to Kurdistan afterwards. This
notably includes stateless members of the population of several hundred families who were forced to
flee government persecution in Syria following their involvement in the 2004 Kurdish uprising (also
known as Serhildana Qamishlo).25 Indeed, owing to resentment about their disenfranchisement,
stateless Kurds were particularly well-represented in these demonstrations. Now, unable to return to
Syria for political and protection reasons, this largely fatigued community is mostly split between two
residential locations in the Duhok Governorate of KR-I, with approximately half of their number
leaving for Europe over the last year.26 Case studies from each of the above mentioned locations are
presented below in order to illustrate the dilemmas facing Kurdish families affected by statelessness.
3. CASE 1: Resettlement as a Durable Solution for Stateless Refugees
Although, according to the law, ten years of continuous residence ordinarily makes foreigners eligible
to apply for Iraqi nationality, the fact that the Syrian Kurds arriving in 2004 (like many refugees after
them) entered the country illegally means that they cannot benefit from this provision.27 As such,
integration in the Kurdistan Region cannot be considered to provide full resolution for their
statelessness problem. The below case highlights the limited options available to stateless refugees
seeking a durable solution through legal means, be it in the Kurdistan Region of Iraq or a third country.
Muqable camp, located close to Sumel town along the Duhok-Zakho highway, originally hosted about
180 families from the 2004 asylum generation. With some families later being relocated (see Case 2),
the approximately 90 who remained mostly upgraded and extended their tents by adding concrete
walls and plastic sheeting. After more than a decade of uncertain fate, families generally feel cut off
from services and left behind in the ‘forgotten camp’. A dozen in Muqable were considered to be
‘stateless families’, while others may have one or two stateless members.
22
Of 54 stateless Kurds in KR-I who participated in this research, none were able to cite a case where a maktum(a)
individual had been naturalised other than where his/her ajnabi father had recently become a citizen. However, some
believed that a small number of maktumeen might have been able to acquire nationality irregularly through personal
connections (wasta) and/or paying a large bribe to authorities.
23 REACH/UNHCR, Domiz camp Survey Data, July 2013; Thomas McGee, ‘The Stateless Kurds of Syria: Ethnic Identity and
National I.D.’ (2014) Tilburg Law Review 19, p. 175.
24 It is noted that a small number of those initially unable to access naturalization due to their inability to return to Syria
have managed to acquire nationality through payment of bribes to officials. For example, Khalil Ismail and his sister (also
based in KR-I) who when interviewed in 2013 (Zahra Albarazi, ‘The Stateless Syrians’, p. 19) had failed to acquire nationality
with the rest of their family members in Syria, have now become citizens.
25 Jordi Tejel, Syria’s Kurds: History, Politics, and Society (Routledge, 2009), pp. 108-32.
26 Statistics for those who have left illegally are not maintained by either UNHCR or the local authorities Board of Relief and
Humanitarian Affairs (BRHA) in Duhok.
27 See both Article 8 of the 1963 Iraqi Nationality Law, No. 46 <www.refworld.org/docid/3ae6b4ec38.html> and Article 6 of
its March 2006 amendment, No. 26, Iraqi Official Gazette, Issue 4019 <www.refworld.org/pdfid/4b1e364c2.pdf>.
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