132
Kingston
Using Cohen’s framework, the de facto stateless exist somewhere on the
membership spectrum between full and non-citizenship. They are denied the
benefits of full and functioning citizenship, facing a plethora of human rights
challenges similar to the situation of de jure stateless. Yet they hold legal
nationality to a state; technically, they are members of a political community
somewhere. The constructed categories of ‘in’ and ‘out’ groups do not fully
apply to the de facto stateless, and their legal status contradicts traditional
understandings of citizenship related to equality and rights. Although Cohen’s
work focuses on the ‘inevitable’ semi-citizenships that occur within bounded
state societies, the realities of de facto statelessness highlight her concept’s
applicability at the global level. For as long as the world is marked by discrimination and migration ‘push factors’ that limit access to full political membership, the international community will be faced with the issue of de facto
statelessness. The question is not whether this problem will continue, but
rather how we will address it.
4
De jure Statelessness and Alternatives to Membership
Most scholarship and advocacy related to statelessness focus on the de jure
variety, when individuals have no political membership – functioning or
otherwise – to any country. ‘Nationality is a legal bond between a state and
an individual, and statelessness refers to the condition of an individual who
is not considered as a national by any state.’17 This problem affects an
estimated 12 million people worldwide, although the legal invisibility inherent
to statelessness makes data-gathering difficult. The de jure stateless have
‘no legal protection or right to participate in political processes, inadequate
access to health care and education, poor employment prospects and poverty,
little opportunity to own property, travel restrictions, social exclusion, vulnerability to trafficking, harassment, and violence.’18 The de jure stateless are
unable to access the rights and protections provided by functioning citizenship, and their violated ‘right to a nationality’ serves as a root cause for other
human rights violations. Experts tend to emphasize the necessity of legal
17
18
United Nations High Commissioner for Refugees, ‘1954 Convention Relating to the Status
of Stateless Persons’ <http://www.unhcr.org/3bbb25729.html> accessed 19 October 2013.
Katherine Southwick and M. Lynch, ‘Nationality Rights for All: A Progress Report
and Global Survey on Statelessness’, Refugees International (2009) <http://www
.refintl.org/sites/default/files/RI%20Stateless%20Report_FINAL_031109.pdf> accessed
17 August 2013.
tilburg law review 19 (2014) 127-135