2020 Statelessness & Citizenship Review 2(2) Dominican Republic. 7 An emerging situation of potential mass statelessness is the Muslim minority in the state of Assam in India. 8 Causes of statelessness include racial and religious discrimination, armed conflict, gender discriminatory nationality laws, arbitrary deprivation of citizenship, state succession, lack of birth registration and inter-generational statelessness. The consequences of statelessness can include deportation, forced displacement, trafficking, inability to access government-funded services such as health and education, and an inability to own property, get government jobs, or work in certain professions. 9 Or, to put it within a constitutional citizenship framework, statelessness means a lack of membership in a political community and a consequent lack of equality before the law. As famously described by Hannah Arendt, it is the absence of the ‘right to have rights’. 10 This review offers three observations on Shaw’s work and its linkages to the problem of statelessness. The first observation concerns the ways in which constitutions currently regulate (or do not regulate) those who are stateless. The second is on the pivotal impact of discrimination (racial, religious and gender) on both citizenship and statelessness. Finally, and more optimistically, this review considers whether the fragmented nature of citizenship governance identified by Shaw may open discursive spaces for progress on statelessness as well as citizenship. CONSTITUTIONAL REGULATION OF STATELESSNESS Shaw points out that detailed constitutional regulation of citizenship is relatively rare, 11 despite it being such a significant element of a constitutional framework. The lack of constitutional regulation is also true — even more so — for stateless persons. Around 30 constitutions mention statelessness or stateless persons in some way. 12 These references typically fall into one of four categories. 13 Some constitutions provide that citizenship will be granted if someone would otherwise be stateless, or that there will be no deprivation of citizenship if the consequence would be to leave a person stateless. This type of provision aimed at preventing statelessness, and reflecting the Convention on the Reduction of Statelessness (‘1961 Convention’), 14 arises especially in regions of the world that are post- 7 8 9 10 11 12 13 14 For more perspectives on each of these situations of statelessness, see generally Katalin Berényi, ‘Mapping Minorities’ Vulnerability to Hate Speech and Denationalisation with a Focus on East and Southeast Asia’ (2020) 2(1) Statelessness & Citizenship Review 5, 14–23; Nicoletta Enria, ‘Resisting Erasure: the Politics of Reckoning with Statelessness in the Arts’ (2019) 1(2) Statelessness & Citizenship Review 315; José-María Arraiza, Phyu Zin Aye, Marina Arraiza Shakirova, ‘Fighting Imagined Invasions with Administrative Violence: Racism, Xenophobia and Nativism as a Cause of Statelessness in Myanmar, the Dominican Republic and Assam (India)’ (2020) 2(2) Statelessness & Citizenship Review 194. See Talha Abdul Rahman, ‘Identifying the ‘Outsider’: An Assessment of Foreigner Tribunals in the Indian State of Assam’ (2020) 2(1) Statelessness & Citizenship Review 112. Shaw (n 1) 245. Hannah Arendt, The Origins of Totalitarianism (Harcourt, Brace and World 1968) 296. Shaw (n 1) 37. Natalie Baird, ‘Stateless Person’ in Rainer Grote, Frauke Lachenmann and Rüdiger Wolfrum (eds), Max Planck Encyclopedia of Comparative Constitutional Law (Oxford University Press 2019) [12]. ibid [13]−[16]. Convention on the Reduction of Statelessness, opened for signature 30 August 1961, 989 UNTS 185 (entered into force 13 December 1975) (‘1961 Convention’). 378

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