From a story of trust to a test of law: the citizenship grievance of Yemenis

The political crisis in Yemen that began in 2014 with the Houthis' seizure of the capital Sana'a quickly turned into a wide-scale civil war. As clashes deepened further with the intervention of an international coalition in 2015, the country's infrastructure was largely destroyed; health, education and public services collapsed. As the United Nations has also repeatedly pointed out, Yemen has faced one of the world's gravest humanitarian crises.

Under these harsh conditions, a great many Yemenis turned to the search for a secure future for themselves and their families. Besides historical, cultural and religious ties, thanks to the stable policy it has pursued in recent years and the environment of trust it has provided, Türkiye has become one of the most important centers of refuge and of rebuilding life for Yemenis. A significant portion of the Yemenis who came to Türkiye made not a temporary shelter but a long-term life plan that includes their children's future as well.

In fact, a very important feature that distinguishes these waves of migration from Yemen from those in other countries is the character of Yemeni society itself. Yemenis are known in the Arab geography for their aptitude in trade, investment and entrepreneurship. They are a community that stands out for its diligence, contributing to production, trade and economic life wherever they go. The interest of Yemenis who came to Türkiye in Türkiye was also not an ordinary economic choice. Yemenis, who have paid the heavy price of war, instability and fragmentation for many years, saw Türkiye as a safe harbor. They closely followed the policy Türkiye pursued under the leadership of President Recep Tayyip Erdoğan; they perceived Türkiye not only as a strong state but as the representative of a sense of justice, of ummah solidarity and of the hope of revival.

They have shown this on every occasion since the day they arrived. I personally know many Yemenis who, in response to the President's call to support the Turkish lira, converted their savings worth millions of dollars into lira and accepted serious economic losses. Many Yemeni investors who operated in the jewelry sector and conducted their trade in the Gulf countries met in 2016 with the then Minister of Economy, Nihat Zeybekci, in order to move their investments to Türkiye, and, on the Minister's extremely sincere and reassuring approach, opened many businesses at Istanbul Jewelry City (Kuyumcukent). I also personally witnessed that this was an occasion for a significant capital inflow into Türkiye.

When the possibility of acquiring Turkish citizenship through investment arose by Presidential decision, Yemenis welcomed this opportunity with great excitement. They did not see it merely as an opportunity to obtain a strong passport. They regarded it as a way of becoming partners in the historic mission they believed Türkiye had undertaken. They bought real estate in Türkiye, made investments, brought their children here, and built their education and future plans around Türkiye. They saw Turkish citizenship not only as a legal status but also as an occasion of great belonging and honor. They carried the Turkish passport with pride; they enrolled their children in universities in other countries as Turkish citizens, and built their futures on Türkiye.

In recent years, however, a picture has emerged that has descended on Yemeni society like a nightmare. Three, four, even five years after their citizenship was acquired, the citizenship of many people began to be revoked on the grounds of certain deficiencies or procedural errors subsequently identified in application files or procedures.

Yet in almost all of these investments there is also a Turkish side. Bureaucratic procedures, money transfers, company formations and official applications are very often carried out through Turkish advisers, lawyers or investment partners. If there is a fault, the responsibility of those who managed these processes in its occurrence must also be investigated. One of the most basic principles of law is the personal nature of punishment. If an adviser, intermediary or other person who carried out the procedures is at fault, the responsibility for it should rest with him. Placing the entire burden on the shoulders of the good-faith investor offends the sense of justice.

More importantly, the sanction applied is extremely severe and disproportionate. Beginning with the outright revocation of citizenship as the first measure, together with it come entry bans to Türkiye, the cancellation of residence permits, people being stopped at airports, restrictions on the disposal of assets, the breakup of families and the interruption of children's education, consequences that are extremely hard to remedy.

Today some of these people cannot return to the homes in which they have lived for years. Some cannot re-enter Türkiye, which they left for medical treatment or business. There are families whose children continue their education in Türkiye while the parent is turned back at the border gate. Some have been compelled to live in Türkiye, others in other countries; family unity has in effect been broken up. The Turkish passport that once gave them confidence has today turned into the symbol of the greatest uncertainty of their lives.

Of course, it is both the state's right and its duty to investigate claims of forged documents, sham transactions, irregularities or bad faith. It is unthinkable to turn a blind eye to the acquisition of such an important status as citizenship by unlawful means. But a state governed by law is not merely a state that identifies violations; it is also a state that assesses together the nature of the fault, the person's intent, the administration's own responsibility and the consequences of the sanction to be applied.

There is a very serious difference between an error in a transaction and systematic fraud. The mistake of an adviser, translator, investment company or another person who took part in the administrative process cannot be lumped together with the applicant's deliberate forgery. Moreover, a citizenship procedure is not completed solely on the investor's declaration. Files are examined by many institutions, and only after the necessary checks are made is citizenship finally acquired by the President's decision. To disregard entirely, years later and at the first suspicion, a citizenship that has passed all the state's checks means placing all the responsibility on the applicant alone.

In a state governed by law, what is essential is that the citizen trust the state. The state, too, is obliged to inspire confidence in its own decisions. That a citizenship acquired after passing all the administration's checks can become easily revocable years later may cause hesitation not only for the persons concerned but for everyone who may consider investing in Türkiye in the future.

Yet one of the most basic principles of administrative law is proportionality. If an error can be corrected, the path of correction should be applied first. If a missing document can be completed, it should be completed; if there is a material deficiency, an opportunity to remedy it should be given. The good-faith investor must be distinguished from the bad-faith perpetrator. Revocation of citizenship should be the last resort, resorted to only in cases of clear, grave and personally proven fraud or forgery.

This injustice experienced by Yemenis is also important for Türkiye's international reputation. That people who came trusting Türkiye, who invested their wealth here and tied their children's futures to this country, suddenly feel excluded creates deep disappointment among Türkiye's friends. Yet these people chose Türkiye not only for its economic opportunities, but because of the trust they placed in its justice, its law and its leadership.

What must therefore be done is for all files to be reviewed fairly and individually. Before a revocation decision, people should be given an effective right of defense; whether the fault truly originates with the person should be shown concretely; family unity and the best interests of children should be taken into account; and a reasonable period should be given for remediable deficiencies. Creating a special administrative and legal mechanism to remedy the injustice suffered by good-faith investors is required by both justice and the seriousness of the state.

Türkiye has until now been a refuge of the oppressed and the hope of those seeking justice. Yemenis chose Türkiye for precisely this reason. What they expect today is not a privilege, but the application of the principles of a fair trial, the right of defense and proportionality. The greatness of the state lies not in never making mistakes, but in being able to establish justice without delay when the possibility of error arises. The justice shown to people who value Turkish citizenship so highly and who have united their fate with Türkiye's will not only redress the injustice suffered by Yemeni families; it will further strengthen Türkiye's identity as a state governed by law, its international credibility, and its distinguished place in the hearts of its friends.