Statelessness & Citizenship Review
2019
1(1)
rights holder but the actor who inhabits the interstitial field of contestation created
by pitting the inscription of rights against the awaited verification of said rights as
premised on equality. If the rights that are under contestation are not verified, it
shall be established that the subject in question does not have the rights she has,
thereby evincing ‘the contradictions of a social order which presupposes equality
but simultaneously disavows it’. 26 Conversely, the verification of said rights shall
establish that the subject has the rights she has not, whereby dissensus sees the
prevailing social consensus — the given — reimagined to include as free and equal
the once excluded, with the rights that were heretofore denied now free to be
claimed and enacted.
In sum, dissensus is a conceptual tool that can be deployed to intervene ‘into
always particular situations, specific instances in which ideas are “at work”’ 27 to
restore agency to disadvantaged and oppressed groups of insiders who struggle to
have their rights respected, protected and fulfilled. For this very reason, dissensus
can be applied to all manner of social settings marked by tension, for it is a
conceptual tool that is necessarily malleable, and when harnessed accordingly, can
be attuned to both account for and yield to the specificities of a given context,
including that of Up-Country Sri Lanka.
The third component of the conceptual framework used in this study is a human
rights analysis grounded in the notions of access and entitlement given that such
an analysis reveals if this population’s rights to healthcare, education, employment
and political participation are fulfilled, and if certain segments of this population
are better able to secure the rights they have been guaranteed more so than others.
This allows for an assessment of whether recently ordained citizens have either
access or entitlement to the human rights that are said to be theirs by virtue of their
citizenship, it reveals who among this population has secured said access or
entitlement, and allows those incapable of seizing their rights to emerge in the
analysis. A normative understanding of human rights is henceforth adopted
because it is the concept of human rights that animates discussions and appraisals
of injustice at the international scale, and for which an expansive body of
international law has been developed. Further, Sri Lanka’s membership in the
United Nations is enough to warrant an investigation of their human rights
practices by contrasting how things are with how they ought to be.
B
The UNHCR #IBELONG Campaign
In summary, the #IBELONG Campaign aims to ‘resolve existing situations of
statelessness, prevent new cases of statelessness from emerging, and better
identify and protect stateless persons’ by 2024. 28 To this end, a Global Action Plan
has been designed to meet this goal, and is comprised of 10 key ‘Actions’: resolve
existing major situations of statelessness; ensure no child is born stateless; remove
gender discrimination from nationality laws; prevent denial, loss or deprivation of
nationality on discriminatory grounds; prevent statelessness in cases of state
succession; grant protection status to stateless migrants and facilitate their
26
27
28
Jacques Rancière, Dissensus: On Politics and Aesthetics (Continuum 2010) 9.
Rancière, ‘Who is the Subject of the Rights of Man?’ (n 19); Paul Bowman and Richard
Stamp, Reading Rancière: Critical Dissensus (Continuum 2011) xii.
United Nations High Commissioner for Refugees, Global Action Plan to End Statelessness
(Special
Report,
4
November
2014)
<https://www.unhcr.org/enau/protection/statelessness/54621bf49/global-action-plan-end-statelessness-20142024.html> (‘Global Action Plan’).
10
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