Better Must Come
naturalisation; ensure birth registration for the prevention of statelessness; issue
nationality documentation to those with entitlement to it; accede to the UN
Statelessness Conventions; 29 and improve quantitative and qualitative data on
stateless populations. 30 Not only are these ‘Actions’ guided by an eight-part
overall strategy, each Action has milestones to be reached by 2017 and 2020, and
an ultimate goal to be met by 2024. In support of these measures, the UNHCR’s
budget for resolving statelessness was quintupled between 2009 and 2014, a
special mechanism was created to provide increased funding for particularly
promising and important projects and more than 20 specialists have been deployed
globally to work with governments and relevant organisations to address this
issue. 31 To accomplish the Actions, countries are encouraged to develop and
implement National Action Plans that ‘set out detailed strategies to complete
selected Actions and indicate detailed country-level goals and milestones’, with
progress on these Plans assessed by the UNHCR in two-year intervals. 32 The
Campaign is further complemented by quarterly Campaign updates, a series of
‘Good Practices Papers’ to aid governments, civil society, the UNHCR and other
international organisations implement the Global Action Plan, and an Open Letter
to End Statelessness on the Campaign’s website. 33 With respect to Campaign
content, the Campaign’s inaugural report states that ‘stateless people want nothing
more than to come in from the cold — to belong’, 34 and although ‘it is unclear
how many of the humanitarian emergencies [the UNHCR is] working in today can
be resolved in the near future’, 35 the Campaign is guided by the belief that
statelessness can be resolved for at least 10 million people who are currently
without a nationality within 10 years. In fact, the #IBELONG Campaign claims
that statelessness ‘can be resolved in a single moment’. 36 Yet, the legal resolution
of statelessness may or may not translate into that which the stateless desire most
— belonging — and it is the chasm between citizenship and belonging, or rather,
the assumption that the former necessarily entails the latter, that this Campaign
has left unaddressed.
Recent events in Sri Lanka present a unique opportunity to appraise citizenship
and belonging after statelessness, for the 2003 Grant of Citizenship to Persons of
Indian Origin Act No 35 and the subsequent Grant of Citizenship to Persons of
Indian Origin (Amendment) Act No 6 of 2009 saw the country’s long stateless UpCountry Tamil population acquire citizenship en masse. 37 Not unlike the optimism
expressed in the #IBELONG Campaign, these developments have been hailed as
29
30
31
32
33
34
35
36
37
Convention Relating to the Status of Stateless Persons, opened for signature 28 September
1954, 360 UNTS 117 (entered into force 6 June 1960); Convention on the Reduction of
Statelessness, opened for signature 30 August 1961, 989 UNTS 175 (entered into force 13
December 1975).
Global Action Plan (n 28).
ibid
ibid 26.
ibid; United Nations High Commissioner for Refugees, The Campaign to End Statelessness,
January
2015
Update
(Campaign
Report,
January
2015)
<https://www.refworld.org/docid/54cb79b04.html> (‘2015 Campaign Update’); United
Nations
High
Commissioner
for
Refugees,
‘IBELONG’
(Webpage)
<http://www.unhcr.org/ibelong/>.
UNHCR Special Report (n 3) 16.
2015 Campaign Update (n 33) 3.
UNHCR Special Report (n 3) 20.
Yogeswary Vijayapalan, Endless Inequality: The Rights of the Plantation Tamils in Sri Lanka
(Ohm Books 2014).
11
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