SOLVING STATELESSNESS
Another barrier is simply one of prejudice by individual officials or
members of society: “[m]y neighbours speak badly to me because I am
stateless. They tell me I’m not worthy of doing anything.””° Stateless
people have reported being exploited by, for instance, employers who
know that it is particularly difficult for them to find work and so they
may be more willing to work illegally on a low wage.’
As a result of these (and other) factors, the vulnerability of stateless
people is often a complex phenomenon. It is not just that they are
stateless. It is also that they are an unwanted ethnic minority and are
considered to be outsiders and are poor and have faced marginalisation
and disadvantage with cumulative effect for many generations.
Simplistic, one dimensional
“solutions” that, for example, guarantee
the right to education for stateless people without taking into account
their historical disadvantage and the other factors that shape their
reality are not likely to succeed. Equal access to rights for stateless
people cannot be ensured only by focusing on their statelessness. A
holistic approach is needed.
3. The legal framework on equality
The legal framework on equality is an important tool for solving
statelessness. Since the adoption of the UDHR in 1948 equality has
been recognised as a fundamental human right of foundational
importance. UDHR Article 1 declares that “all human beings are born
free and equal in dignity and rights” and Article 2 goes on to provide
that all rights shall be enjoyed without discrimination. Since then, the
rights to equality and non-discrimination have been an integral part
of key international and regional human rights treaties, including
the International Covenants on Civil and Political Rights (ICCPR),
Article 26,28 and on Economic Social and Cultural Rights (ICESCR) of
1966 (Article 2(1)).2? The right to non-discrimination has also been
26
*7
28
29
Equal Rights Trust, My Children’s Future, supra n2, p. 23.
Ibid, p. 26.
International Covenant on Civil and Political Rights (ICCPR), 16 December
1966, entry into force 23 March 1976, 999 UNTS 171.
International Covenant on Economic, Social and Cultural Rights (ICESCR),
16 December 1966, entry into force 3 January 1976, 993 UNTS 3. At the
regional level the European Convention for the Protection of Human Rights
and Fundamental Freedoms (ECHR), 4 November 1950, entry into force 3
September 1953, ETS 005, the American Convention on Human Rights, 22
107