Kurdish language recognition in constitution would safeguard linguistic, cultural rights

Legal expert Ali Iskan stressed the need to enshrine the linguistic and cultural rights of the Kurdish people in Syria’s permanent constitution.

Calls to strengthen the presence of the Kurdish language in Syria’s education system continue amid a debate over the importance of mother-tongue education and its role in preserving cultural and linguistic identity. At the same time, there are growing demands for linguistic and cultural rights to be constitutionally guaranteed in Syria’s permanent constitution.

In this context, ANHA's agency spoke with legal expert Ali Iskan about the importance of mother-tongue education, the legal status of the Kurdish language, and the measures that should be taken to safeguard the rights of future generations.

Iskan said: “Naturally, learning in one’s mother tongue is one of the most important foundations of vocational and quality education, given its real impact on a child’s acquisition of linguistic and educational skills.”

The legal expert identified two key aspects of the importance of mother-tongue education.

“From an educational perspective, it helps students develop a broader understanding of all subjects because they are taught in their mother tongue. There is no linguistic barrier preventing the student from understanding the material or making them feel alienated from the language in which they are being educated.”

He added: “From a cultural perspective, it strengthens the cultural identity of children and all students throughout the different stages of education. Naturally, learning in one’s mother tongue has many benefits for the development of a student’s personality, particularly during the early stages of education. It gives the child a sense of belonging and a sense of having an independent identity, as they are primarily learning in their mother tongue. Secondly, they do not have to fear failure because of a language barrier.”

The right to mother-tongue education is protected by international laws and conventions

Iskan cited a number of international charters and conventions that protect the right to education in one’s mother tongue.

“There are many international charters and conventions that explicitly recognize children’s right to learn in their mother tongue. Among these is the Universal Declaration of Human Rights, which explicitly recognizes the child’s right to learn in their mother tongue. This is one of the fundamental rights of all peoples, particularly children.”

He explained that “learning in one’s mother tongue helps promote the development of, and guarantees, the rights of children and peoples to receive education in their own language, based on this declaration. We also have the Convention on the Rights of the Child, which contains two key provisions: Article 29, which guarantees the child’s right to education in their mother tongue, and Article 30, which also requires states to ensure that children, both in the early stages and later stages of education, have access to learning in their mother tongue.”

He continued: “There are also provisions contained in international labor law instruments adopted by the International Labour Organization, which emphasize the importance of children learning in their mother tongue and having their cultural, social, and educational knowledge rooted in their native language.”

Iskan believes that allocating three classes per week is, in principle, insufficient. He said such an arrangement could be considered an initial pilot phase rather than a final decision, with the program subject to evaluation to determine whether additional classes are needed.

“Therefore, we support increasing the number of classes on a professional basis, ensuring that there are sufficient classes of a high standard to enable students to study all educational and academic subjects in their mother tongue,” he affirmed.

The constitution and recognition of the Kurdish Language

Regarding Syria’s transitional phase, Iskan noted that the country is currently operating under a temporary constitutional declaration while work continues on drafting a permanent Syrian constitution.

He stressed the importance of including Kurdish political, professional, and academic figures in the committees responsible for drafting the constitution, emphasizing the need to ensure constitutional recognition of the Kurdish people and their rights in the permanent constitution.

He said: “Why are we calling for explicit recognition of the Kurdish people and the Kurdish language in the constitution? Because the constitution is the highest legal authority, and it cannot be amended through simple procedures. Constitutional amendments require complex and lengthy procedures, as well as political, economic, social, and even broader societal consensus.”

He added: “Therefore, having explicit recognition and provisions in the permanent Syrian constitution would, first and foremost, guarantee recognition of the Kurdish language. When a particular people in a country such as the Kurdish people in Syria is recognized, this necessarily entails recognition of their language, identity, and distinct existence.”

Language and Identity

Iskan described language as “a strategic issue for the Kurdish people, because the mother tongue represents the historical and cultural identity of a people.”

He stressed: “Syria today should belong to everyone, and efforts must be made toward this goal. Syria should be an inclusive, civil state that embraces everyone, where all people feel that this homeland belongs to them. There should be no exclusion and no marginalization of the rights of any of Syria’s indigenous components.”

The legal expert also highlighted the importance of cultural and linguistic diversity in Syria.

“Learning in Kurdish, particularly for the Kurdish people and for Syrian society as a whole, is a source of enrichment, knowledge, understanding, solidarity, and mutual support. It should not be viewed as a source of division or social fragmentation.”

He added: “Any Syrian who can speak Kurdish will find it easier to learn about Kurdish culture and Kurdish society. Conversely, Kurds should also master the Arabic language.”

ANHA