Jazira Lawyers’ Union discusses status of Kurdish language in constitution

The Jazira Lawyers’ Union held a legal forum titled “The Kurdish Language in the Constitution and Legislation” in Qamishlo, in the Jazira region, with the participation of several lawyers and representatives of the Kongra Star  and the Teachers’ Union.

The forum addressed three main topics: an introduction to the forum and its objectives; a legal and critical review of Decree No. 13 of 2026 and its implementing regulations; and the right to education in Kurdish and the recognition of Kurdish as an official language in the judiciary and government institutions.

Legal and Critical Review of Decree No. 13

Lawyer Mahmoud Khalo led the first session, presenting a legal and critical review of Decree No. 13, issued by the president of Syria’s transitional government in January this year. He said the text concerning the Kurdish language is unclear, highlighting a fundamental distinction between “learning” and “education,” as well as between a “national language” and an “official language.”

Khalo said the decree’s wording, which allows Kurdish to be taught, is incorrect, arguing that the issue does not require “permission,” but rather an obligation on the state to teach the language.

He added that a national language, such as French or English, is optional, while an official language is constitutionally recognized and binding on the government and is used across different institutions. It should not be limited to three weekly classes in schools, but should also be used in courts, municipalities, water and health institutions, and even military institutions alongside Arabic, he explained, noting that this is what it means for a language to be official.

He stressed that limiting Kurdish instruction to only three classes could pave the way for the issuance of further regulations restricting the language in the future. He called for Kurdish to be recognized as an official language with constitutional guarantees, noting that the constitution can only be amended through a referendum and complex procedures, while government decrees can be changed more easily.

He noted that the language a child learns from an early age forms the foundation of their education, a principle that applies to all languages. He stressed that the lawyers’ demands are not limited to the Kurdish language, but also include other issues addressed in Decree No. 13, including the census and expropriation laws, as well as the issues of submerged communities and undocumented Kurds.

The Right to Education in Kurdish Language 

In the second session, lawyer Khanem Ayo discussed the right to education in Kurdish and the recognition of the language in the judiciary and government institutions. She said Decree No. 13 was not issued as a final solution, but is linked to the hopes of the people and is expected to lead to a genuine solution.

She stressed that the mother tongue is the language of family and culture, and that the designation of Feb. 12 as International Mother Language Day was intended to protect mother languages around the world. She noted that children learn more effectively when educated in their mother tongue, and that teaching in one’s mother tongue is not a separatist principle, but a legitimate right for every individual.

She said bilingual education represents the ideal solution, noting that the Education Ministry’s decision to allocate three Kurdish-language classes in Damascus and other provinces is a positive step, but is unfair to the Jazira region, where Kurdish has been taught for 15 years.

She proposed that students should not be forced to use a single language, citing UNESCO reports emphasizing the importance of multilingual education, beginning with the mother tongue, followed by the general language, Arabic, and then foreign languages. She stressed that demanding education in Kurdish does not mean rejecting other languages.

From Recognition to Legal Guarantees

In the third session, titled “From Recognition to Legal Guarantees: Toward a Legislative Framework for Language Rights,” researcher and lawyer Shams al-Din Faqih spoke about the need to constitutionally recognize the Kurdish people or Kurdish component by name.

Faqih stressed the need for Kurdish to be an official language alongside Arabic, rather than limiting it to a subject taught for three weekly classes. He said language rights require legal guarantees in legislation, a responsibility that falls on lawyers.

He called for the preparation of a unified legal memorandum, the drafting of a law specifically addressing the Kurdish language, and the formulation of an explicit constitutional provision recognizing Kurdish and Arabic as official languages. He also called for moving from recognition to guarantees, from guarantees to regulation, and ultimately to constitutional protection.

The forum included extensive discussions, during which participants presented their views and proposals on ways to formally include the Kurdish language in the constitution.

Forum Recommendations

The forum concluded with a discussion of its outcomes and final recommendations, which included forming a legal committee to draft a proposed law and submit it to the relevant authorities, as well as ensuring protection of the right to learn and receive education in Kurdish.

The recommendations also called for recognizing Kurdish as an official language of the Syrian state, defining and clarifying legal terminology, and establishing legal criteria concerning the indigenous Kurdish presence on its historic land and the legitimate rights arising from it.

The recommendations further called for establishing legal guarantees for the use of Kurdish in government departments and institutions, and strengthening cooperation among legal professionals, human rights advocates, language institutions and political bodies to incorporate language rights into legislation.

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ANHA