2
Lucia M. Rafanelli
statelessness, what may actually stateless people do to oppose the systems that make
them so?2 With at least 10 million stateless people and over 6 million living in refugee
camps worldwide,3 this is a pressing question. Here, I adopt a capacious understanding of statelessness, including anyone effectively lacking state membership and stable
access to its associated benefits. This encompasses both de jure and de facto stateless
people, and people (like refugees, asylum seekers, and migrants fleeing ‘failed states’)
who do not have effective membership in either their states of origin or residence.4
With this broad understanding of statelessness in mind, I re-centre stateless people
and re-cast the dangers of statelessness not as a reason to maintain state power, but a
reason to resist it.
I propose that statelessness—and a continued vulnerability to statelessness even
for those who presently enjoy state membership—is produced by the state system’s
organisation around two core principles:
Political Authority Principle: because states are the world’s primary political
authorities, reliable access to basic needs fulfilment, rights protection, and political
enfranchisement is conditioned on state membership.
Sovereignty Principle: because they are sovereign, states may grant or deny membership at will.
In an international system designed around the Political Authority Principle, stateless
people lack legal standing and suffrage and are often denied access to education,
health care, and employment opportunities and are disproportionately vulnerable to
basic rights violations like assault and trafficking.5 Understanding ‘stateless people’
broadly, as I do, to include refugees, asylum seekers, and migrants escaping failed
states, only makes this case stronger—as many people fitting these descriptions suffer
the same disadvantages.6 Moreover, in an international system designed around the
Sovereignty Principle, stateless people can be kept vulnerable to these disadvantages
indefinitely if states continue to deny them membership. Further, I argue, the current
state system maintains itself by channelling political activity through statist institutions, reinforcing its existing structure. By statist institutions, I mean those that
operate according to the Political Authority and Sovereignty Principles. So, international institutions that do not challenge at least one of these principles are statist
despite being international.
If, as I argue, statelessness is a product of the state system’s current structure and
the state system maintains that structure by channelling political activity through
statist institutions, then we cannot remedy the disenfranchisement and injustice
2
My suggestion resembles Delmas’ (2018) argument that many principles often invoked to ground
citizens’ obligations to obey their states actually ground obligations to resist. However, my work departs
from Delmas’ in focusing on the transnational sphere (Delmas’ discussion of transnational obligations is very
brief, see, e.g., Delmas 2018, 105–6) and focusing on the state system (rather than individual states) as a site of
injustice and contestation.
3
USA for UNHCR 2021; UNHCR n.d.
4
For overviews of legal understandings of statelessness and different types of statelessness, see U.S.
Department of State n.d.; Owen 2018, 303, 313.
5
UNHCR n.d.; USA for UNHCR 2020.
6
See, e.g., USA for UNHCR 2020.
https://doi.org/10.1017/S175297192500003X Published online by Cambridge University Press