Foreword
6
A central objective of laws and legal institutions in any society is
to promote rule of law, rights, and justice. Their failure to do so is
of serious concern to all its members. When it disproportionately
impacts the poor, marginalised and oppressed groups in society,
it is a matter that demands special attention. In that instance it is
the urgent duty of the legal community, among others, to
ascertain if existing laws are being respected and to suggest
reforms that may be needed in order to avoid troubling outcomes.
This solemn responsibility is at least one important reason that
law school education is considered incomplete if students do not
engage with, both in classrooms and clinics, the social and legal
conditions of subaltern groups in society.
One such group is that of precarious citizens and stateless
persons: the former category indicates a situation of uncertainty
with respect to an individual’s citizenship status. The condition
of these two groups is that of the most wretched of the earth. As
the idea of Westphalia has come to colonise planet Earth the
inalienable rights of man have come to be inextricably linked
with the acquisition of nationality. To be stateless is to have, as
Hannah Arendt and Giorgio Agamben have pointed out, a bare
existence which represents the antithesis of a life of security and
dignity. Indeed, the concepts and rights of human security and
dignity are empty without securing a universal right of nationality.
Therefore, over the last century, the international community
has set the goal of eliminating statelessness. Toward this end it
has adopted two conventions viz., the 1954 Convention on the
Status of Stateless Persons and the 1961 Convention on the
Reduction of Statelessness. Besides there are several core
international declarations and conventions on human rights
with provisions that guarantee a right to nationality. Article 15 of
the Universal Declaration of Human Rights (UDHR) states that
‘everyone has the right to a nationality’ and perhaps more
significantly that ‘no one shall be arbitrarily deprived of his
SECURING CITIZENSHIP