Collective Victimisation Of Stateless Peoples
287
arbitrary deprivation of nationality. Although at odds with human rights standards,6 most states hold clauses in their domestic legal systems that allow for
revocation of a person’s citizenship. This grants the state legal space to exclude
those who it deems ‘unworthy’ and ‘undesirable’ from their protection.7 When
a state decides to revoke nationality for discriminatory purposes, the person
left stateless faces a complicated life in the hostile state environment. Not only
is his access to a number of fundamental rights entangled, he also has to cope
with the reality of a society that is framing him as an undesirable ‘Other’ rather
than a person prone to become victimised by the implications of statelessness.
The social construction of the statelessness label in these circumstances thus
renders a person subjected to it more vulnerable than in cases where de jure
statelessness is a consequence of an ‘accidental’ loophole in the law, or voluntary revocation. Moreover, state discourse framing the stateless as ‘outlaws’
might facilitate bottom-up legitimacy for policy that further discriminates
against the excluded. In extreme cases this might lead to outright state-violence, as happened during the persecution of Jews in the first half of the 20th
century and today in states such as Lebanon and Myanmar.
In the present contribution we explore how returning the ‘victim label’ to
stateless people living in the context of abusive states may nurture recognition
of the stateless as victims. People who have fallen victims of the discriminatory
policies of their states may be constructed within the state as ‘undesirable’ or
‘politically controversial’ rather than ‘deserving victims’ worthy of compassion
and a solution for their fate. This negative discourse is partially facilitated by
legal documents that fail to recognise the proneness to experience victimisation of those who hold no citizenship. We argue that returning ‘the victim
label’ to stateless communities, through academic debate and advocacy might
positively transform the way in which stateless people are framed, and as such
strengthen their position at the domestic as well as the international level.
2
The Victim Label in Victimology
In the introduction we stressed that the reality of statelessness depends on the
social construction of this term within a specific society. In this section we
6 The right to nationality is enshrined in article 15 of the UDHR. A vast number of Conventions
has thereby stipulated the right to nationality. For a comprehensive overview, please consult:
A/HRC/13/34.
7 H. Arendt ‘Chapter 9: The Decline of the Nation-State and the End of the Rights of Men’ in
The Origins of Totalitarianism (Harcourt Brace Jovanovich 1973) 267-302.
tilburg law review 19 (2014) 285-293