Rethinking Statelessness from Within
of citizenship’ by presenting a spectrum.54 At the top are those who ‘enjoy both
de jure and de facto citizenship in wealthy, democratic countries’ while those at
the bottom endure the loss of de jure and de facto citizenship.55 Many who find
themselves typically excluded from legal definitions of statelessness, such as
‘refugees, asylum seekers, economic immigrants, even naturalized citizens who
faced the threat of denaturalization in times of emergency’ can be included in
considerations of de facto statelessness.56
Arendt rebukes the limited legal definition and argues for a more expansive
notion of citizenship which encapsulates feelings of belonging, rootedness and
community. This encapsulates the loss of one’s home, their ‘social texture’, their
‘distinct place in the world’ and finally the ability to establish a new community
or to assimilate into an existing one.57 Statelessness to Arendt is thus equally, if
not more so, a conception of what it is to be without citizenship as it is to
experience particular negative conditions.58 At its core, statelessness to Arendt is
an experience of absence and loss: loss of public power, place and community. As
Jennifer Gaffney brilliantly summarises: ‘Arendt thus conceives of citizenship not
as a static and indefinitely expandable legal status, but rather as a lived and
embodied activity that promises a home in the world for human beings insofar as
they act in concert to remember and appropriate anew the political traditions that
they have inherited’.59 It is clear that Arendt’s notion of citizenship and her view
of statelessness are by no means minimal in scope — a status, which from her own
lived experience, she understood to be all encapsulating, impacting one’s
ontological sense of self, engagement with others and one’s ability to see oneself
reflected in the public realm.
This dynamic, broader description of statelessness is essential to creating a
better comprehension of statelessness and subsequently enabling better redress of
this phenomenon. Currently, there is a dominant bottom-up approach to framing
statelessness within academia and policymakers. We are presented with the idea
of ‘smoothing out the relationship between individuals and sovereign states’60 as
the solution, foregoing the necessary analysis of how intra-community
relationships and security are impacted by de facto statelessness. Commonly,
supposed solutions to the conditions in Haiti relate to governmental actions, aid
and interference, neglecting the interpersonal nature of these conditions. Though,
the use of a de facto stateless lens must be utilised carefully to not replicate the
paternalistic dynamic of previous studies both on the stateless and on Haiti alike,
I do contend the use of the language of de facto statelessness has fruitful outcomes
for the Haitian context. As Trouillot has noted when applying an ethos of
mysticism and singularity to Haiti that ‘we are also being told, in varying degrees,
that [Haiti] is unnatural, erratic, and therefore unexplainable. We are being told
54
55
56
57
58
59
60
Rhoda E Howard-Hassmann, ‘Introduction: The Human Right to Citizenship’ in Rhoda E
Howard-Hassman and Margaret Walton-Roberts (eds), The Human Right to Citizenship: A
Slippery Concept (University of Pennsylvania Press 2015) 5.
ibid.
Ayten Gündoğdu, Rightlessness in an Age of Rights: Arendt and the Precarious Status of NonCitizens (Oxford University Press 2015) 2.
Arendt, The Origins of Totalitarianism (n 3) 384.
ibid 387; Hannah Arendt, ‘We Refugees’ in Marc Robinson (ed), Altogether Elsewhere:
Writers on Exile (Faber and Faber 1994) 110.
Gaffney (n 17) 701–2.
Allison Petrozziello, ‘Statelessness as a Product of Slippery Statecraft: A Global Governance
View of Current Causes, Actors, and Debates’ (2019) 1(1) Statelessness and Citizenship
Review 136, 137.
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