BOOK REVIEW SYMPOSIUM CONSTITUTIONS, CITIZENSHIP AND THE SHADOW OF STATELESSNESS NATALIE BAIRD * Introduction........................................................................................................... 377 Constitutional Regulation of Statelessness ........................................................... 378 Discrimination and its Impacts ............................................................................. 379 Fragmented Citizenship Governance and Human Rights ..................................... 381 Conclusion ............................................................................................................ 382 INTRODUCTION Jo Shaw’s magnificent book, The People in Question: Citizens and Constitutions in Uncertain Times, focuses primarily on what she calls the ‘constitutional citizen’. 1 The stateless individual, defined under international law as ‘a person who is not considered as a national by any State under the operation of its law’, 2 is therefore potentially at the periphery of her book. Shaw acknowledges this early on, referring evocatively to the ‘shadow of statelessness’ 3 and noting that ‘[t]he shadowy presence of the non-citizen lurks throughout the book, without being the central focus of analysis’. 4 Yet, despite the focus on constitutional citizens, there is still plenty of thought-provoking material relevant in some way to the plight of non-citizens. In particular, the breadth and depth of Shaw’s analysis prompts reflection on the phenomenon of statelessness. The inherent nature of statelessness means that it is difficult to be accurate about the extent of the problem. The most recent estimate from the United Nations High Commissioner for Refugees (‘UNHCR’) of the number of stateless persons was 4.2 million, 5 but the true extent of statelessness is estimated to be much higher with at least 15 million stateless people globally. 6 Significant populations of stateless persons include Rohingya in Myanmar and displaced in neighbouring countries, Palestinians, Bidun and Kurds in the Middle East, Roma in Europe, individuals from the former Soviet Bloc and those of Haitian descent in the * 1 2 3 4 5 6 Natalie Baird is an Associate Professor at the School of Law of the University of Canterbury. Email: natalie.baird@canterbury.ac.nz. Jo Shaw, The People in Question: Citizens and Constitutions in Uncertain Times (Bristol University Press 2020) 35. Convention Relating to the Status of Stateless Persons, opened for signature 28 September 1954, 360 UNTS 117 (entered into force 6 June 1960) art 1 (‘1954 Convention’). Shaw (n 1) 7. ibid 59. Global Trends: Forced Displacement in 2019 (Report, UNHCR 2020) 56 <https://www.unhcr.org/statistics/unhcrstats/5ee200e37/unhcr-global-trends-2019.html>. Statelessness in Numbers: 2020 (Report, Institute on Statelessness and Inclusion 2020) 1 <https://www.institutesi.org/resources/statelessness-in-numbers-2020-an-overview-andanalysis>.