Human rights are indivisible. A legal analysis of Decree 13 and the rights of the Kurdish people in Syria
By: lawyer Abdul Rahman Mohammed
Human rights are indivisible, and acknowledging a right is not creating it. Likewise, the recognition of the state's unifying identity is not a favor from anyone but a right, a duty, and a national, political, and moral responsibility.
The fundamental problem lies in the mindset of the transitional authority in Damascus and its approach to the Kurdish issue, particularly when some of its officials claim that the Kurdish people have received all their rights under Decree No. 13 of 2026.
However, reading the contents of the decree from the perspective of international law, treaties, and international covenants, and from the perspective of the political and national rights of peoples, reveals several shortcomings and fundamental issues that require discussion.
Firstly: The constitution, not the decree, is the guarantor of rights
The constitution is the highest political and legal framework that is supposed to guarantee and ensure the rights of the Kurdish people, including their national and political rights and their right to self-determination, within a constitutional framework that can take the form of a federal system based on clear political, legal, national, geographical, and other criteria.
However, no matter how important they are, decrees cannot replace constitutional guarantees, as they remain linked to a political phase and an executive authority that can change.
Secondly: Recognizing the national identity does not equate to constitutional recognition of the Kurdish people
Decree No. 13 states that Syrian Kurdish citizens are an integral and essential part of the Syrian people and recognizes that their cultural and national identity is an integral part of the Syrian national identity.
This is a significant development in terms of both symbolism and law, compared to previous policies of denial. However, the decree does not provide constitutional recognition of the Kurdish people as an indigenous group with collective political and cultural rights or a clear status in the Syrian constitution. It also does not spell out what rights come with recognizing the Kurdish national identity.
In our view, recognizing the national identity without defining its legal and political consequences keeps the issue in the realm of cultural recognition rather than moving it towards a comprehensive political solution.
Human rights are indivisible. A legal reading of Decree 13 and the rights of the Kurdish people in Syria. The issue is more about cultural recognition than it is about moving towards a comprehensive political solution.
The Kurdish people have lived on their historical land since before the establishment of the Syrian state and the drawing of its modern borders, and the current geopolitical landscape of the region is the result of historical international agreements and transformations that followed the First World War.
This makes the Kurdish issue older than the existing state borders. Therefore, it seems that the decree was issued primarily to address an immediate political situation rather than to establish a comprehensive legal and rights-based solution to the Kurdish issue.
Thirdly: The Kurdish language and the incomplete recognition of the identity
Recognizing a national identity is not complete without acknowledging the language, which is one of the most important elements of this identity.
The decree did not make the Kurdish language an official language alongside Arabic but rather considered it a national language and permitted its teaching in government schools, particularly in areas where Kurds make up a significant proportion of the population, as part of optional curricula or cultural and educational activities.
This differs fundamentally from officially recognizing it as a language of education, administration, and public institutions and does not guarantee its teaching as a language of instruction in all subjects and at all levels, nor does it clearly define its place in Syrian universities.
Here, a striking paradox emerges: while there are departments in Syrian universities dedicated to teaching global and regional languages such as English, French, Persian, and Turkish, the Kurdish language, spoken by a significant proportion of Syrians, still lacks broader academic and institutional recognition.
The Kurdish language is not just a language of the home, street, or cultural activity but one of the most important elements of the Kurdish people's national and cultural identity.
The official recognition of the Kurdish language does not create the historical existence of the Kurdish people but rather represents an acknowledgement of an existing and legitimate right.
Fourthly: Nowruz between symbolic and national recognition
Decree No. 13 is notable for explicitly declaring 21 March, the Newroz holiday, a public holiday with pay in all of Syria.
However, the wording of the decree did not present Newroz as a national holiday with a long history for the Kurdish people but rather as a national holiday that symbolizes spring and brotherhood.
There is no doubt that this recognition has significant symbolic value after decades in which celebrating Newroz for Kurds was associated with identity, memory, and the struggle for recognition and rights.
It is linked to identity, national memory, and the struggle for recognition of existence and rights. However, legally and politically, it is important to distinguish between making Newroz a public holiday with national significance and acknowledging its historical and national importance to the Kurdish people.
It should also be noted that 21 March was already a public holiday in Syria to mark Mother's Day, including in previous public holiday systems, and it has continued to be considered a public holiday under subsequent legislation.
Therefore, the new value added by Decree No. 13 does not only lie in the closure of institutions on this date but primarily in the official recognition of the holiday of Nowruz by the state for the first time.
This is a positive step in its symbolic dimension, but it cannot replace the broader recognition of the identity and political and cultural rights of the Kurdish people.
Fifthly: The citizenship file between Decree 49 of 2011 and Decree 13 of 2026
When evaluating the provisions relating to citizenship in Decree No. 13, it is important to consider the legislative history of this issue.
The previous regime issued Decree No. 49 on 7 April 2011, which provided for the granting of Syrian citizenship to those registered in the Hasaka register of foreigners.
Therefore, the issue of citizenship for this group did not begin with Decree No. 13 of 2026.
However, Decree No. 49 of 2011 did not comprehensively address the situation of all those affected by the exceptional census of 1962, particularly the unregistered Kurd category, some of whom remained outside the civil registry and without full legal status.
Decree No. 13 of 2026 went further, as it provided for the abolition of the exceptional laws and measures resulting from the 1962 census in the province of Hasaka and granted Syrian citizenship to Kurdish citizens residing in Syrian territory, including those who were not registered, with equal rights and obligations.
This is an important legal step that should be recognized and evaluated positively.
However, it should be recognized as a remedy for previous legal and political injustices, rather than a new entitlement.
The original problem and violation were the disenfranchisement of tens of thousands of Kurds as a result of the exceptional census of 1962. Therefore, the restoration of citizenship or the resolution of legal restrictions is a correction of an unfair situation, not a privilege granted in exchange for relinquishing the right to demand other political and national rights.
Sixthly, the right to self-determination is a right of peoples
The right of peoples to self-determination is one of the fundamental principles recognized in international law.
In principle, it is a right for people to choose their political status and determine their economic, social, and cultural paths.
Talking about internal self-determination does not necessarily mean secession from the state, as it can manifest itself in various constitutional forms that ensure political participation, local governance, power sharing, and protection of national and cultural identity within a single state.
Therefore, the Kurdish issue cannot be reduced to cultural or administrative matters or be treated as a problem of services, positions, or privileges, because it is a political and human rights issue relating to a people, their identity, and their participation in determining the form of the state, its system of governance, and its political future.
Seventhly: The Constitutional Declaration and international references
When interpreting rights and freedoms, it is essential to refer to the provisions of the Syrian Interim Constitutional Declaration, particularly those relating to the status of international law and the treaties and conventions to which Syria has committed itself, as these are fundamental references.
Therefore, any legislative text or decree must not contradict the fundamental principles of human rights, rights of peoples, equality, and non-discrimination.
Eighthly: Where is equality in rights?
While the constitutional declaration affirms the principle of equality between citizens before the law, the legitimate question is how can this principle be applied in the context of the varying legal and political status of languages and national identities in the country? Mere equality before the courts and administration is not enough; it must also be reflected in general policies and in the balanced recognition of national, cultural, and linguistic diversity in the state. It is not possible to build a new state on the theoretical recognition of diversity while one identity continues to dominate the constitutional, political, and cultural spheres.
Ninthly: The issue of the central state and the identity of the state
Syria remains a centralized state under the current political system, despite the absence of a clear national identity that reflects the country's diverse ethnic, religious, cultural, and social composition.
Building a new Syrian national identity requires transitioning from the concept of a single identity to that of an inclusive state in which all citizens feel they are equal partners in defining it, building its institutions, and making its decisions.
A national identity that unites everyone does not negate the various national, religious, and cultural identities but rather recognizes and protects them within a shared constitutional framework.
Tenth: Where are the political rights of the Kurdish people?
The key issue is the lack of clear discussion about the Kurdish people's political rights, including their right to participate in deciding the form of the state and its governance system and to manage their regions and affairs within a constitutional framework.
The UN Charter and other international treaties enshrine the principles of equality between peoples and their right to self-determination.
Therefore, political equality must be an essential component of any future solution, not just cultural and educational rights.
Furthermore, questions arise regarding the relationship between the state and religion and the extent to which certain constitutional provisions, including the stipulation that the president of the state must be a Muslim, are compatible with the concept of equal citizenship in a society that is diverse in terms of religion, ethnicity, and culture.
Eleventh: Administrative decentralization is not a substitute for a political solution
Insisting that administrative decentralization is a solution to the Kurdish issue confuses two different concepts.
Administrative decentralization is a method of organizing administration and distributing service-related functions and powers between the center and local units and can be implemented in a centralized state as well as a federal state.
However, it is not, in and of itself, a system for sharing political power, sovereignty, and decision-making, nor does it automatically recognize the rights of national and political minorities.
Therefore, it is not possible to consider administrative decentralization as an alternative to addressing the core of the Kurdish issue as a political and human rights issue.
Twelfth: ignoring the political and historical dimensions of the Kurdish issue
The denial of the political rights of the Kurdish people, the clear lack of recognition of their constitutional status as an indigenous people and partner in the state, and the disregard for the geographical and historical dimensions of their cause, as well as the denial of the historical injustices they have suffered, cannot be separated from the regional and international conflicts and balances surrounding Syria.
Nor can the impact of external interventions, including the Turkish role and its influence on several Syrian and Kurdish issues, be ignored when analyzing the Syrian authorities' approach to the Kurdish issue.
However, no matter how great the influence of regional and international powers, the Kurdish issue must first be addressed as an internal Syrian issue that requires a fair political and constitutional solution between Syrians themselves.
Finally
Decree No. 13 may be a first step or a starting point on a long roadmap, and it can be viewed positively for its recognition of the Kurdish national and cultural identity, the Kurdish language as a national language, the settlement of the citizenship issue, including those not registered, and the official recognition of Newroz.
However, the Kurdish issue cannot be reduced to a decree, nor to language and culture alone, nor to citizenship and Newroz, nor to the issue of military or administrative integration, nor to the distribution of positions and privileges to individuals or organizations.
The Kurdish issue, at its core, is a political and human rights issue for a people who have been denied full recognition of their national and political rights for decades.
To build a new Syria, a democratic, consensual constitution is needed that recognizes a national identity, protects the diversity of nationalities, cultures, religions, and languages, and establishes a state of citizenship, equality, and genuine partnership.
A state in which no single identity, language, religion, or sect is imposed as a criterion for belonging and citizenship, but in which every citizen feels that they are a full partner in their homeland, regardless of their ethnic origin, language, religion, or sect.
A stable state is not built on denial or the postponement of rights, but on mutual recognition, partnership, and justice.
Human rights are indivisible, and recognition does not create them but rather acknowledges an existing right.