Historical Development Of Turkish Citizenship Law

The historical development of Turkish law regarding citizenship will be examined in accordance with the Ottoman Naturalization Code, the Turkish Citizenship Law No. 1312 of 1928, the Turkish Citizenship Law No. 403 of 1964, and the Turkish Citizenship Law No. 5901 of 2009. These regulations constitute the regulations made from the past to the present day.

  1. a) Ottoman Citizenship Law

The Ottoman Citizenship Law was the first regulation concerning Turkish citizenship law. These regulations arose as a result of necessity.[1] Non-Muslim Ottoman citizens began to acquire foreign citizenship in order to benefit from the capitulations, and as a result, it became necessary to enact such a regulation. As a result, the Ottoman Citizenship Code was enacted.[2]

With the Tanzimat of 1839 and the Islahat Ferman of 1856, along with the steps toward modernization, the Ottoman citizenship was linked to lineage rather than religion with the Ottoman Citizenship Decree of 1869, which was published with the aim of eliminating the Muslim-non-Muslim duality. Another important aspect of the regulations is that children whose parents are Ottoman citizens are directly recognized as Ottoman citizens, and that the scope of citizenship is determined by acting as a strong state.[3]

The Ottoman Citizenship Law accepted descent as the basis for citizenship, although in some cases, land ownership was accepted as an exception.[4] According to citizenship regulations based on descent, individuals whose father or parents were Ottoman citizens were considered citizens.[5] However, it was stated that individuals born in Ottoman territories to foreign parents had the right to apply for citizenship within three years of reaching adulthood. [6] Furthermore, while the principle of descent was applied here, no basis for citizenship based on religious affiliation or religion was envisaged.[7]

  1. b) Turkish Citizenship Law No. 1312

Turkish Citizenship Law No. 1312 is the first citizenship law of the Republic of Turkey[8] and is organized into three separate sections: acquisition of citizenship, loss of citizenship, and the effect of marriage on citizenship.[9] The relevant law consists of 17 articles and was published in the Official Gazette No. 904 on June 4, 1928, and entered into force.

The principle of descent is accepted for the acquisition of Turkish citizenship. However, as will be examined below, provisions have been made to accept persons as Turkish citizens even if descent cannot be established in certain circumstances.

Upon examination of the relevant law, Article 1 states that children born in Turkey or abroad to a Turkish mother or father are considered Turkish citizens. Article 2 of the relevant law states that children born in Turkey whose parents are unknown; children born in Turkey whose mother and/or father are stateless; and children born in Turkey or abroad to a Turkish mother or father outside of marriage are also recognized as Turkish citizens. Here, it is seen that exceptions to the general principle based on blood ties, as stated in the first article, are regulated based on the principle of territory. Other articles contain regulations on issues such as the effect of marriage on citizenship, loss of citizenship, and its reacquisition.

The relevant law indicates that citizenship was intended to be granted in multiple ways and in an easy manner, reflecting a policy aimed at increasing the population.[11] This reflects the policies of the early Republican period, which sought to preserve the existing population and grant citizenship.[12]

Law No. 1312 remained in force until 1964 and was repealed with the entry into force of the Turkish Citizenship Law No. 403 on May 22, 1964. Until the new law came into force, provisions regarding citizenship were also made in Article 54 of the 1961 Constitution, and citizenship was guaranteed by the Constitution.[13]

Law No. 1312 did not require public order or national security conditions for the acceptance of Turkish citizenship, and there were no provisions to this effect. However, Article 11 of Law No. 1312 stipulates that foreigners who have been granted Turkish citizenship may be deprived of their citizenship if they commit acts or engage in activities contrary to the security of the Republic of Turkey or fail to fulfill their obligations under military regulations.[14] This provision is not related to the granting of citizenship, but rather to the possibility of revocation by decision after citizenship has been granted.

  1. c) Turkish Citizenship Law No. 403

The Turkish Citizenship Law No. 403 consists of 48 articles and is divided into five sections: acquisition of Turkish citizenship, loss of Turkish citizenship, proof of Turkish citizenship and judicial proceedings, various provisions, and final provisions.[15] The relevant law was published in the Official Gazette and entered into force on May 22, 1964.

This law also adopts the principle of descent, similar to Law No. 1312, but exceptionally accepts the principle of territory.[16] There are similarities between Law No. 403 and Law No. 1312 regarding the basis of citizenship, and neither of them stipulates a residence requirement for Turkish citizenship through exceptional means. In addition, Law No. 403 is more detailed and comprehensive than Law No. 1312.[17]

Law No. 403 makes various distinctions regarding the acquisition of citizenship. Accordingly, a distinction is made between acquiring Turkish citizenship by law, by decision of the competent authority, and by right of choice. Under acquisition by law, distinctions are made based on lineage, place of birth, and marriage. In the case of acquisition by decision of the competent authority, a distinction is generally made between the acquisition of citizenship and the acquisition of citizenship by exceptional means.

In the relevant law, it is seen that public order and national security are not stipulated as conditions for the subsequent acquisition of citizenship. Elements related to public order and national security are only mentioned in Article 26[18] on deprivation of citizenship and Article 29[19] on rights reserved in the case of loss of citizenship. Apart from these provisions, it is observed that public order and national security are not required as conditions for acquiring Turkish citizenship in the first section on the acquisition of citizenship, and that public order and national security elements are only mentioned in a limited manner in certain places in the law.

  1. d) Turkish Citizenship Law No. 5901

Turkish Citizenship Law No. 5901 entered into force on May 29, 2009. Law No. 403 remained in force from May 22, 1964, to May 29, 2009, and was applied for approximately 45 years. Law No. 403 was unable to meet the needs of the time, and as a result of the country’s approach to Western democracy in the 21st century and its goal of becoming a more developed world state, a new draft was prepared.[20]

Turkish Citizenship Law No. 5901 consists of 5 sections. The first section is titled “Purpose, Scope, Definitions, and Administration of Citizenship Services,” the second section is titled “Acquisition of Turkish Citizenship,” the third section is titled “Loss of Turkish Citizenship,” the fourth section is titled “Common Provisions,” and the fifth section is titled “Miscellaneous Provisions.”

The relevant law provides for two different ways of acquiring citizenship. The first is acquisition by birth. The second is acquisition by naturalization. Acquisition of Turkish citizenship by birth is defined in Article 6 of Law No. 5901 as automatic acquisition based on lineage or place of birth. Subsequent acquisition of Turkish citizenship is defined in Article 9 of Law No. 5901 as acquisition by decision of the competent authority, adoption, or exercise of the right to choose.

In Law No. 5901, the concepts of national security and public order are regulated differently from previous regulations regarding the conditions for acquiring Turkish citizenship. Article 11 of the relevant law, titled “Conditions required for application,” states that “Foreigners wishing to acquire Turkish citizenship must not have any circumstances that would constitute an obstacle to national security and public order.” Article 12 of the law, titled “Exceptional cases for acquiring Turkish citizenship,” states that “(1) Foreigners specified below may acquire Turkish citizenship by decision of the President, provided that they do not have any circumstances that would constitute an obstacle to national security and public order…. (2) Applications from persons who have circumstances that constitute an obstacle to national security and public order shall be rejected by the Ministry.“ Similarly, Article 16 of the law, titled ”Acquisition of Turkish citizenship through marriage,“ contains the following provision: ”c) The condition of not having circumstances that constitute an obstacle to national security and public order shall be required.” Article 17, titled “Acquisition of Turkish citizenship through adoption,” states that “A minor adopted by a Turkish citizen may acquire Turkish citizenship as of the date of the decision, provided that there are no circumstances that would constitute an obstacle to national security or public order.” Article 13 of the Law states that “The following persons may regain Turkish citizenship by decision of the Ministry, regardless of their period of residence in Turkey, provided that they do not have any circumstances that would constitute an obstacle to national security.” Article 14 states: “Those who lost Turkish citizenship in accordance with Article 29 may regain Turkish citizenship by presidential decree, and those who lost Turkish citizenship in accordance with Article 34 may regain Turkish citizenship by ministerial decision, provided that they do not have any circumstances that would constitute an obstacle to national security and have resided in Turkey for three years.” This provision only mentions the national security element.[21]

In addition to Law No. 5901, there is also the Regulation on the Implementation of the Turkish Citizenship Law. This regulation was issued pursuant to Law No. 5901 and based on Article 46 thereof. The purpose of the regulation is to ensure uniformity in practice and to determine the procedures and principles to be followed in the acquisition, loss, proof, and multiple citizenship of Turkish citizenship.

Year: 2025

Application: Historical Development Of Turkish Citizenship Law

Lawyers: Mehmet Said Sarıbaş & Bilal Akbaba

E-mail: info@saribasakbaba.av.tr

Website: saribasakbaba.av.tr

 

[1] Vahit DOĞAN, Turkish Citizenship Law, B. 14, Ankara, 2017, p. 35.

[2] Ergin NOMER, Turkish Citizenship Law, Istanbul 2020, p. 44.

[3] Kubilay DÜZENLİ, The History of Citizenship in Turkey from the Ottoman Nationality Code to European Union Harmonization Laws: Constitutions, Citizenship Laws, and Government Programs, Giresun University Journal of Economics and Administrative Sciences, 221, Vol. 7, No. 3, p. 448.

[4] Doğan, p. 35.

[5] Nomer, p. 35.

[6] Doğan, p. 35.

[7] Düzenli, p. 448.

[8] Erdem, p. 34.

[9] Doğan, p. 36.

[10]https://www5.tbmm.gov.tr/tutanaklar/KANUNLAR_KARARLAR/kanuntbmmc006/kanuntbmmc006/kanuntbmmc00601312.pdf (accessed on 05/03/2023)

[11] AYBAY, Rona, Citizenship Law, p. 45.

[12] AYDEMİR, Eda, Acquisition of Turkish Citizenship by Exceptional Means, Master’s Thesis, Antalya, 2022, p. 27.

[13] AYBAY, p. 46.

[14] The original text reads: “Foreigners who have been accepted as Turkish citizens:

A- Those who have committed acts or engaged in activities contrary to the internal and external security of the Republic of Turkey,

B- Those who have not fulfilled their obligations under the laws on military service,

may be deprived of Turkish citizenship by decision of the Council of Ministers.”

[15]https://www.nvi.gov.tr/kurumlar/nvi.gov.tr/mevzuat/yururluktenkaldirilanlar/kanunlar/403sayiliturkvatandasligikanunu.pdf (accessed on: 05/03/2023)

[16] Erdem, p. 35.

[17] AYDEMİR, p. 29.

[18] The relevant article states: “Those who are abroad and engage in activities against the internal and external security of the Republic of Turkey or its economic or financial security in a manner deemed criminal by law, or those who engage in such activities within the country and leave the country in any manner whatsoever and against whom a public case cannot be brought in Turkey, and who, despite a public announcement calling for their return, fail to return within three months, or within one month in cases of martial law or a state of emergency, may be deprived of their citizenship by a decision of the Council of Ministers.”

[19] The relevant article states: “Persons who lose Turkish citizenship in accordance with this Law shall be subject to foreign treatment from the date of loss. However, persons who are Turkish citizens by birth and have obtained permission from the Ministry of Interior to renounce their citizenship, as well as their minor children registered in the citizenship renunciation document, shall be exempt from the obligation to perform military service and the rights to vote, hold public office, and import duty-free vehicles or household goods, provided that the provisions relating to the national security and public order of the Republic of Turkey are reserved, and their acquired rights relating to social security shall be preserved, and the use of such rights shall be governed by the relevant laws.”-election, public office, and import of exempt vehicles or household goods, continue to enjoy the same rights as Turkish citizens, provided that their acquired rights relating to social security are reserved and that the provisions of the relevant laws apply to the exercise of these rights. The provisions of Articles 33 and 35 of the Law shall remain in force.”

[20] Doğan, p. 37, Erdem, p. 36.

[21] In addition to these articles, Article 28, entitled “Rights granted to persons who lose Turkish citizenship by obtaining permission to leave,” and Article 43, entitled “Persons who lose Turkish citizenship or are deprived of citizenship,” contain provisions relating to public order and national security.