Nationality And Real Estate Problems Within The Framework Of The Türkiye-Syria Friendship And Good Neighborhood Convention (March 30, 1940)

Abstract

The Sykes-Picot Agreement, signed during World War I, established artificial borders in the Middle East, detached from geographical, ethnic, and cultural characteristics. Following the war, the Ottoman Empire’s withdrawal from the Middle East and the demarcation of Türkiye’s borders brought to the forefront issues of citizenship and property ownership. Turks residing on the Syrian border, on the one hand, and Syrians and other citizens emigrating from Türkiye, on the other, created mutual problems regarding the properties they left behind in Türkiye. The Ankara Agreement of October 20, 1921, attempted to resolve this issue. Article 13 of the agreement stipulated that individuals owning property and land on either side of the Turkish-Syrian border would retain the property rights they had enjoyed during the Ottoman era. These individuals would be able to cultivate their land and bring their livestock across the border without paying customs duties. It was also agreed that these beneficiaries would pay taxes in their country of citizenship. Article 65 of the Treaty of Lausanne, titled “Rights and Interests,” aimed to safeguard the property rights of Turkish citizens living outside the country’s borders and foreign nationals in Türkiye. Subsequently, solutions were provided to the problem in accordance with Articles 3 and 9 of the 1926 Treaty of Friendship and Good Neighborhood signed with France for Syria and Lebanon, the Property Agreement signed on October 27, 1932, and Article 3 of the Ankara Agreement of May 30, 1936. Citizenship issues were also regulated by a protocol signed in Ankara on July 4, 1938. The annexation of Hatay to Türkiye on June 23, 1939, led to the deterioration of diplomatic relations with Syria and a subsequent wave of migration from the region to Syria. The Turkey-Syria Agreement was signed with France on March 30, 1940, to improve diplomatic relations. The aim of this agreement was to develop diplomatic relations between the two countries, strengthen ties of friendship, and establish good neighborly relations. The parties committed to recognizing the property rights of citizens, finding mutual solutions for the affected parties, and, if necessary, signing a new property agreement. The purpose of this study is to investigate how the Turkish-Syrian Friendship and Good Neighborhood Agreement, signed between Turkey and France on March 30, 1940, is reflected in the archives of the French Ministry of Foreign Affairs. The search for a solution in the process leading to the agreement, which is the focus of this study, is examined using documents from the Prime Ministry’s Republic Archives and relevant literature sources.