EDITORIAL
MICHELLE FOSTER * AND LAURA VAN WAAS †
Over the past few months while this volume of the Statelessness & Citizenship
Review (‘SCR’) has been in development, the COVID-19 pandemic has taken hold
across the planet, operating as a magnifying glass that has brought into sharper
focus many pre-existing structural inequalities and societal tensions. It did not take
long for the picture to emerge that while the pandemic ‘devastate(s) lives and
livelihoods around the world [it is] hitting the most vulnerable the hardest’. 1 While
the virus itself does not discriminate, its impact is not shared equally. For the
overwhelming majority of stateless people worldwide, living without a nationality
already meant hardship and a constant battle with the effects of structural
discrimination and exclusion. Long-standing issues such as denial of healthcare,
lack of access to socio-economic safety nets and inability to obtain identity
documentation are significantly amplified during a time of acute emergency. As
the United Nations High Commissioner for Refugees has observed in this context,
‘the right to a nationality is a fundamental human right and in this time of crisis it
can mean the difference between life or death’. 2 The pandemic has demonstrated
that capturing data and sharing knowledge about the causes and consequences of
statelessness is more pressing than ever.
UN leaders and human rights experts have consistently reiterated that
‘exclusion is costly and inclusion pays’, 3 urging governments to adopt measures
that are inclusive. There is a vital role for research in providing supporting
evidence to ensure a needs-based response to the pandemic and in demonstrating
the particularities of statelessness as a circumstance to be factored into the crisis
response. Regrettably, there is likely also to be an important part to be played by
academia in documenting how, where and why COVID-19 and related measures
are failing to adequately reach the world’s stateless or indeed how the position of
some communities is being further deteriorated by the pandemic — to pave the
way for accountability in the future and to share lessons learned. At the same time,
COVID-19 has forced open a space for unprecedented new conversations about
mobility, policies towards immigration detention and homelessness, state
surveillance, racism and xenophobia. This also creates a unique moment for
scholarship on citizenship and statelessness to revisit the bigger questions that
*
†
1
2
3
Michelle Foster is Professor and Director of the Peter McMullin Centre on Statelessness at
Melbourne Law School.
Dr Laura van Waas is a founder and Co-Director of the Institute on Statelessness and
Inclusion, as well as an Assistant Professor at Tilburg Law School in The Netherlands.
António Guterres, ‘The COVID-19 Crisis Is An Opportunity to Reimagine Human Mobility’,
United Nations (Web Page, 3 June 2020) <https://www.un.org/en/coronavirus/covid-19crisis-opportunity-reimagine-human-mobility> (‘COVID-19 Crisis Is An Opportunity’).
Filippo Grandi, cited in ‘UNHCR Warns Stateless People Risk Being Left Behind in
Coronavirus
Response’,
UNHCR
(Web
Page,
11
May
2020)
<https://www.unhcr.org/news/press/2020/5/5eb952222ec/unhcr-warns-stateless-people-riskbehind-coronavirus-response.html>.
COVID-19 Crisis Is An Opportunity (n 1).