THE RISK OF STATELESSNESS
62
YALE HUMAN RIGHTS & DEVELOPMENT L.J.
2017
[Vol. 19
weapon against more vulnerable minorities.86 Statelessness was often the
result, and this was a major factor that led to a reinvigorated global
conversation about the protection against statelessness.87 Notably, this
concern was compounded by statelessness issues that were emerging in the
context of forced migration flows and new multi-party democracies, where
citizenship laws were being used to quash opposition.88
Concerns about statelessness gained steam at the turn of the century, a
trend attributable in large part to the work of the UNHCR, the international
body charged with protecting stateless persons under the 1954 and 1961
Convention frameworks.89 National and international advocacy
organizations have worked tirelessly to shed light on situations of
statelessness around the globe, and in 2014, the UNHCR launched a global
initiative to eradicate statelessness by 2024, known as the “#IBelong
Campaign.”90 Growing concern about this problem has led to a steady
increase in the rate of ratification of the statelessness conventions.
Specifically, twenty-three states have ratified the 1954 Convention since
2010, which represents 25% of the total number of states parties and has
brought the total number of ratifications to ninety.91
The increased awareness about statelessness that prompted the U.N.
campaign, and that continues to motivate work in this area has increased
the visibility of the problem of statelessness. Increased ratification of the
statelessness instruments is likely a byproduct of this increased visibility.
Nevertheless, challenges to state practices related to nationality acquisition
and deprivation tend to be flash points for international controversy, and
states often respond to allegations that their policies produce statelessness
by citing their sovereign authority over matters pertaining to nationality.
One of the most visible examples of this trend is the nationality crisis that
has unfolded in the Dominican Republic over the last decade.
II. THE EMERGENCE OF THE “RISK OF STATELESSNESS” DOCTRINE IN
HISPANIOLA
One of the most pressing situations of statelessness in the world today
is that which has unfolded in the Dominican Republic, where the UNHCR
has reported a population of more than 130,000 stateless persons.92 This
nationality rights crisis in that country has emerged against the backdrop of
historic marginalization and mistreatment of Haitian migrants and their
86. See VAN WAAS, supra note 80, at 18.
87. Id.
88. Id. at 18-19.
89. See G.A. Res. 50/152, supra note 14, ¶¶ 14-15 (entrusting the UNHCR with
responsibility for stateless persons); G.A. Res. 61/137, supra note 14, ¶¶ 1-4 (same).
90. See
UNHCR,
#IBelong
Campaign
to
End
Statelessness,
http://www.unhcr.org/ibelong-campaign-to-end-statelessness.html [https://perma.cc/BX9485Q6].
91. See Status of the 1954 Convention, supra note 81.
92. See UNHCR Mid-Year Trends 2015, supra note 22, at 14.
Electronic copy available at: https://ssrn.com/abstract=3111529
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents