SOLVING STATELESSNESS
Statelessness
can also result from
direct racial or ethnic
discrimination.’* For example, the Rohingya - an ethnic, religious and
linguistic minority are one of the most vulnerable communities in
the world, considered by their home country, Myanmar, to be illegal
immigrants from Bangladesh, despite having lived in Myanmar for
many generations. The Rohingya have been arbitrarily deprived of
their nationality and made stateless by Myanmar; its 1982 Citizenship
Law clearly discriminates on grounds of ethnicity. In the more recent
past, racial discrimination has also caused the statelessness of certain
Dominicans of Haitian descent in the Dominican Republic.’®
Less obviously linked to discrimination is statelessness occurring
as a result of State succession. Historically this has been seen as a
“technical”, almost neutral, cause
of statelessness.’’ However,
closer
analysis reveals that here too discrimination may play a significant role.
Indeed, most often, “itis vulnerable minorities who are associated with
either the successor or parent State who are deprived of nationality,
exposing the discriminatory motivations and arbitrary nature for
such exclusion”.*® This reality has played out in relation to the former
Union of Soviet Socialist Republics (USSR), the former Yugoslavia (for
example, many Roma are stateless in the Balkan States), Kurds whose
country was divided among Iran, Iraq, Syria and Turkey, and Eritreans
in Ethiopia.’? The experience of colonisation and de-colonisation is
also an example of State succession and caused many of the most large
scale and entrenched situations of statelessness in the world today. In
M4
15
Supra n3.
For more information on the discrimination and arbitrary deprivation of
nationality of the Rohingya, see among others, UN Human Rights Council,
Report of the Special Rapporteur on the situation of human rights in Myanmar,
Tomas Ojea Quintana, 2 April 2014, A/HRC/25/64; UNHCR Myanmar, 2014
UNHCR Country Operations Profile; Equal Rights Trust, Equal Only in Name:
The Human Rights of Stateless Rohingya in Malaysia, 2014.
te
For
1”
18
1
more
information,
see
among
others,
Inter-American
Commission
on
Human Rights. Report on the situation of human rights in the Dominican
Republic, 2015, K. Shipley, Stateless: Dominican-born Grandchildren of Haitian
Undocumented Immigrants in the Dominican Republic, 2016; and InterAmerican Court of Human Rights, Case of Expelled Dominicans and Haitians v.
Dominican Republic, Judgment of 28 August 2014.
See, J. Tucker, “Statelessness in Central Asia: From State succession to
solutions”, chapter 11 in this book.
Institute on Statelessness and Inclusion, supra n7, p. 24.
See, for example, K. Southwick., “Ethiopia-Eritrea: Statelessness and State
succession”, Forced Migration Review 2009, Issue 32.
103