Pathways to statelessness: Denationalisation and the denial of personhood
Milena Tripkovic
What does being stateless really mean? Four case studies in this symposium which explore practices
that lead to statelessness of distinct groups of citizens in India, Myanmar, Nigeria, and Syria provide an
illuminating account of the varieties and processes of being denied the status of membership in a polity.
Although geographically and temporally dispersed, the four cases show unique patterns and paint a
similarly worrying picture of continuous attempts to deny either the status of citizenship or the rights
associated with it to specific groups of citizens. Taken together, the cases demonstrate that statelessness
should not be thought of only as a status that denotes a lack of citizen attachments to any state – as
legally conceived1 – but that we should also consider the dynamics which precede it and make it
possible, as well as the conditions which a lack of this status makes possible.
This brief response has two objectives. First, I explore what the case studies (and some of my own
reflections on European denationalisation policies) tell us about the processes which create various
‘shades’ of statelessness. Second, I propose that rather than thinking about these shades as distinct or
mutually exclusive, they are better understood as placed along a continuum which allows us to trace
how state policies almost inevitably become more stringent and exclusive over time, ultimately leading
to a full removal of undesired groups of citizens from state territory. Statelessness consequently works
to erase personhood, and far from demonstrating a lack of interest in the future of those who are denied
citizenship, states intentionally and maliciously target distinct groups of citizens in order to reduce the
level of protection accorded to them and increase their vulnerability, even post denationalisation. While
statelessness is most correctly understood as a legal denial of citizenship and nationality, more subtle
breaches of attachments to one’s state should be considered as pathways to statelessness, which therefore
deserve our equal attention.
One of the best ways to capture and reflect on the ‘shades’ of statelessness is to consider how visible
and perceivable the limitations to the status are, internally, externally, and globally. The categorisation
below rests on a significant degree of generalisation: cases are complex and state policies often follow
diverse trajectories in the case of different groups, but the distinction nevertheless captures different
phases of and pathways to statelessness.
1. Visible statelessness. The best example of this category is the statelessness of the Rohingya
subsequent to their expulsion from Myanmar. Following a decades-long process of increasing
discrimination and human rights violations in this country, the denial of their citizenship has
more recently taken a dramatic and explicit form in their expulsion from the territory (made
possible by previous policies which have long denied them access to identification documents).
Their non-belonging is made blatantly obvious to both the population of Myanmar and the whole
world.
2. Covert statelessness. This category is exemplified by the treatment of Kurds in Syria, as well as
religious ‘others’ (predominantly Muslims) in India. In Syria, while many Kurds have over the
years been expunged from the territory, a predominant majority continues to live within the
territory of the state, but without the status and with almost no rights. In India, particularly in the
state of Assam, widespread denial of citizenship relates to ‘foreigners’ or ‘illegal migrants’ who
have actually lived in the territory for a number of years, but their deportation similarly seems
unlikely. Their non-belonging is thus visible from the inside (to those living in Syria and India),
but is less visible from the outside.
1
University of Edinburgh.
United Nations (1954), Convention relating to the status of stateless persons, article 1.
41