Rethinking Statelessness from Within
characterisations, I argue that de facto statelessness is a useful conceptualisation
of their experiences. By comparing de facto statelessness with intra-Haitian
experiences from 2010 onwards, I aim to link context and theory to deepen our
perspective on statelessness. In deepening our understanding of de facto
statelessness in this context, this article aims to contribute to the development of
theoretical frameworks that can better capture the lived realities of stateless people,
moving beyond legal definitions to encompass issues of social texture, political
agency and the state-citizen relationship.
V
THE EARTHQUAKE
In January 2010, an earthquake struck Haiti, resulting in approximately 200,000
deaths and massive internal and outgoing displacement.81 Any state may struggle
to recover from natural hazards, whether they be floods, earthquakes or fires. Yet,
Jane McAdam argues that a state’s socio-economic foundations determine
whether a ‘merely hazardous encounter’ becomes a crisis that tests ‘individual and
community resilience’. 82 From an environmental perspective, ‘poor urban
planning[,] substandard infrastructure and housing[,] large coastal populations[,]
and widespread dependence on subsistence farming’ left Haiti vulnerable to severe
environmental impacts.83 Further, Haiti’s longstanding political vulnerability and
discontent (as described above) left it unprepared to mitigate the social effects of
the earthquake on their citizenry. As Diana Thomaz states, ‘Haiti has endured over
two centuries of complex political strife, successive coups d’état, authoritarian
governments and international interventions that have left it with weak institutions,
largely unresponsive to the needs of the population’. 84 The earthquake only
amplified these weaknesses. In fact, Fatton makes the argument in his 2014 book
that the earthquake represents the moment where Haiti fell into the ‘virtual
“trusteeship” of the international community’.85 Though he does not leverage the
phrasing of de facto statelessness as I do, he does express how the ‘very idea of
citizenship’ becomes ‘moot’ with the loss of territorial sovereignty experienced by
Haiti, both historically and most acutely post-earthquake.86
The experience of those impacted by the 2010 earthquake illustrates that rights
such as education, movement and healthcare only exist if the state is willing and
able to provide them –– whether in Haiti or abroad. Through this, it demonstrates
that the lack of functioning citizenship not only harms Haitians in situ, but also as
they endeavour to move abroad. This is another reason to consider the effects of
the 2010 earthquake through the lens of de facto statelessness: the international
community vehemently denied refugee or de jure stateless status to the victims of
earthquake, as they retained legal Haitian nationality.87 Despite lacking a home,
documentation, rights protections, work or security, earthquake victims were
81
82
83
84
85
86
87
Lara Gautier et al, ‘What Links Can Be Made from Narratives of Migration and SelfPerceived Health? A Qualitative Study with Haitian Migrants Settling in Quebec after the
2010 Haiti Earthquake’ [2020] (1–2) Journal of Migration and Health 1, 1.
Jane McAdam, ‘The Problem of “Crisis Migration”’ (2013) 19(3) Australian Journal of
Human Rights 7, 12.
Roy and Labrador (n 23).
Diana Thomaz, ‘Post-Disaster Haitian Migration’ (2013) 43 (May) Forced Migration Review
35.
Fatton (n 7) vii.
ibid 58.
Thomaz (n 84) 35.
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