‘Rainbow Statelessness’
viewed me as less than human’. 81 Since Hong Kong is not a signatory to the 1951
Convention Relating to the Status of Refugees, 82 she was unable to claim asylum
there. Eventually, she was accepted for resettlement to New Zealand through the
United Nations High Commissioner for Refugees and was naturalised as a citizen
of the country in 2018 in recognition that she was stateless.
Eliana’s case highlights the complexities that LGBTIQ+ individuals,
particularly trans and intersex persons seeking to realise their gender expression,
might experience when their appearance does not match with identity documents.
With the disputed sovereignty status of Taiwan and the special administrative
status of Hong Kong sub-state authorities, her story further underscores the
important impacts that grey areas between different regimes of governance and
international regulation can have upon the rights of citizenship, leading in the most
extreme case to an individual being forced to self-declare as stateless. Eliana
concludes:
I blame everyone … all the countries involved. I blame my government for refusing
to support me. I blame Taiwan for not doing more to help me fix my situation
locally, or warn me about the risks in going to Hong Kong, where I was treated so
badly.
Eliana confirmed with the author that she knows several other LGBTIQ+
individuals who have similarly renounced their only citizenship in order to prevent
deportation to their country, having previously been persecuted on SOGIESC
grounds. These are clear-cut cases of statelessness caused by the realities specific
to LGBTIQ+ individuals. Also, she states that she is aware of other intersex and
trans individuals who have been denied recognition and assistance from their
embassies due to their changed physical appearance and gender
identity/expression. Such cases might be considered as occupying a grey area that
may constitute statelessness.
C
Statelessness for Children of Rainbow Families
Children born within the context of rainbow families may be at particular risk of
becoming stateless. In some cases, this is related to the explicit non-recognition of
relationships between LGBTIQ+ persons and their ‘illegality’ in certain
jurisdictions; in others it is the result of falling through the gaps in complex sets
of legislation and procedures that create grey areas where a child may be left de
facto unable to acquire the parents’ citizenship counter to the state’s nationality
law. Different legal regimes and official approaches to definitions of family and
parenting further complicate matters. Specifically, the patchwork situation with
regards to recognition of non-heteronormative marriages, civil unions and
relationships worldwide, alongside disparate practices of parental recognition in
such cases, are likely to mean that children born in ‘rainbow families’ are at
disproportionate risk of ending up stateless. The European Network on
Statelessness has noted the ‘emerging problem’ of jus sanguinis conferral of
nationality for children of same-sex couples. 83
81
82
83
ibid.
Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS
150 (entered into force 22 April 1954).
No Child Should Be Stateless (Report, European Network on Statelessness 2015) 20.
80