2025
Statelessness & Citizenship Review
7(2)
The categorisation of individuals into discrete identities — stateless, refugee or
citizen — led to the neglect of accounts outside these categories. In fact, even
where studies aim to make a connection between social and political conditions
that warrant the language of de facto statelessness, the term is avoided. For
instance, a 2025 article on the Windrush Scandal by Eve Hayes de Kalaf spotlights
the precarity of the Windrush generation, the threats to their right to remain and
the discrimination they experienced. 47 Hayes de Kalaf uses the language of
‘statelessness-like’ to describe the subjects of her study, 48 despite their strong
similarities to the affective harms of Arendt’s first stage of de facto statelessness I
outline below. Contrasting Hayes de Kalaf, this piece directly confronts the
disjuncture between legal nationality and effective citizenship, insisting upon the
usage of the phrase de facto stateless as central to my aims. Conceptualising the
struggles of the Haitian populace through this lens demonstrates that formal
nationality can exist in name only when protection, rights and belonging are
fractured, as is starkly illustrated through the cases of the 2010 earthquake and the
loss of democratic voting since 2016. By leveraging Arendt’s de facto
statelessness, I resist the epistemic injustice that arises within statelessness studies
when we neglect those who do not fit within existing binaries. The value of this
intervention is that Haiti represents not a metaphorical or ‘statelessness-like’
experience, but a structurally reproduced condition of exclusion equivalent in
many respects to statelessness proper. I aim to replicate Arendt’s demand that
citizenship is not a simple possessive, but something that must be continually and
emphatically partaken in, the possibility of which is only existent where there is
that citizen-community-state connection that I will argue Haiti is deprived of at
present.
The de facto stateless were emphasised in the writings of a foundational theorist
in this field, Arendt. Specifically, her seminal work The Origins of Totalitarianism
worked to reflect the harms of a lack of functioning citizenship and meaningful
political belonging. 49 It is those who are ‘defined by their exclusion’ who are
foregrounded by Arendt. 50 The conditions felt by these groups in the Haitian
context are at the focus of my analysis and typically are left uncaptured by
legalistic viewpoints. In Origins of Totalitarianism, Arendt outlines the stages of
statelessness in three parts. First, displaced peoples lose their homes, and their
‘entire social texture’.51 The second stage is a loss of government protection and
legal status leading to rightlessness.52 The third and final stage is the displaced
peoples’ loss of identity.53 While my focus deviates in that it does not necessarily
include a loss of home or migratory context that Arendt writes from, this wording
alludes to a view of statelessness as a series of conditions or an evolution rather
than a static, statist label. Other theorists have adopted a similar approach to
envisioning citizenship. Rhoda Howard-Hassman explores the ‘slippery concept
47
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Eve Hayes de Kalaf, ‘Reframing the Windrush Scandal as an International Statelessness
Crisis’ (2025) 6(2) Statelessness and Citizenship Review 179.
ibid 184.
Arendt, The Origins of Totalitarianism (n 3) 349; Parekh (n 45) 84.
Serena Parekh, ‘Beyond the Ethics of Admission: Stateless People, Refugee Camps and Moral
Obligations’ (2013) 40(7) Philosophy and Social Criticism 645, 654.
Arendt, The Origins of Totalitarianism (n 3) 384.
ibid 384–5.
ibid 385–6.
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