2019
Statelessness & Citizenship Review
1(1)
Although resignation may not be the whole of the story when considering that
everyday forms of resistance may have been left unaccounted for, it nonetheless
has important implications for the concept of dissensus and raises the question of
whether this concept has much purchase when applied to real-world scenarios.
Again, rights belong to individuals ‘when they can do something with them to
construct a dissensus against the denial of rights they suffer’, 154 that is, to dispute
the social consensus that sees one’s rights denied. Yet, if we return once more to
the hegemonic social and political systems that preclude some from accessing nonestate schools and employment while convincing others that they are not entitled
to non-estate healthcare, education and employment, or to participation in the
political process while recalling that these systems remain unchallenged, it is clear
that these individuals do not have the rights they have as guaranteed to them by
the ‘inscriptions of the community as free and equal’. 155 In other words, the rural
rights deficit outlined above brings into full view ‘the contradictions of a social
order which presupposes equality but simultaneously disavows it’. 156 And again,
this study has produced little to no evidence of rural respondents mobilising to
secure that which has been guaranteed to them by way of dissensus, meaning that
at the moment of analysis, many were unable to seize their rights despite
constitutional guarantees. For those who have not taken such action, such as those
discussed in this Part, the acquisition of Sri Lankan citizenship is little else than a
hollow inscription of equality and will remain as a site of either dormant or active
struggle, contestation and negotiation for as long as these individuals remain
without the rights they have.
CONCLUSION
On 15 November 1948, Sri Lanka’s Up-Country Tamil population was rendered
stateless, though because the realisation of one’s human rights is contingent on
one’s political status as a citizen, this population had effectively lost the right to
have rights. Specifically, because nationality is a prerequisite for accessing
political and judicial processes and for claiming economic, social and cultural
rights, statelessness is a matter of unparalleled concern for those who have been
rendered as such. Fortunately, some 55 years later, on 11 November 2003, this
situation was finally resolved, thereby remedying that predicament confronting all
stateless persons alike: the absence of any legal identity to which no formal
recognition by any state is owed, and all that this entails. For this reason, it would
not be unjustified to presume that this population would be entitled to the entire
gamut of human rights guaranteed by the state, yet for many among Sri Lanka’s
previously stateless Up-Country Tamils, recently acquired Sri Lankan citizenship
is largely nominal, operating to mask the continued marginalisation of this
population and deflect attention from an enduring human rights deficit believed to
have been resolved. Though it would be absurd to condemn in any way the
conferment of citizenship to this once stateless population, unfettered celebration
of this landmark development alongside declarations of ending statelessness in Sri
Lanka as a success are perhaps as equally absurd given that such ceremony
obscures the day-to-day realities confronted by many in this community, making
statelessness and citizenship in the Up-Country a twice-told tale. Granted, it was
154 Rancière, ‘Who is the Subject of the Rights of Man?’ (n 19) 305–6.
155 ibid 302.
156 Rancière, On the Shores of Politics (n 25) 9.
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