Statelessness, Development, and Protection of ‘Disadvantaged Groups’
birth or long-term residence, with a state. These two contexts have also determined
the different forms of legal responses, in different countries, to address the challenges
of statelessness.31 These encompass: (a) the determination of statelessness and
protection status (including facilitation of access to naturalisation, as required under
Article 32 of the 1954 Convention Relating to the Status of Stateless Persons — for
stateless persons in the migratory context; and (b) recognition of nationality — for
the stateless in situ persons.32
Similar contemporary thoughts on statelessness characterised three significant
milestones — the post-Second World War (1939–1945) drafting of the UDHR; the
inception of the twenty-first century (protests in the Global North); and the recent
UNHCR #IBelong campaign (2014), which coincides with the pioneer Global
Forum on Statelessness.33 The UNHCR’s #IBelong campaign enhances states’ and
other stakeholders’ commitment to the Global Action Plan to end statelessness by
2024.34 The above milestones significantly put statelessness on the front burner of
multilateral discourses, human rights policies, awareness, and development agendas.
With enhanced identification of aliens, birth registration, naturalisation, and
permanent residency worldwide (particularly in the Global North), the campaign’s
influence is not uniform, as commitments and outcomes vary across countries and
regions.35 Nonetheless, Thailand’s development of nationality laws, and evaluation
of historical situations of stateless persons, aliens, and minorities, are noteworthy
across the Global South. Since 2005, the Thai government’s efforts in reducing
statelessness include measures on education, quality of life and integration of stateless
and vulnerable persons, amid collaborations with civil societies and international
organisations.36
The intricacy of a parastate caught between statehood and frozen conflict elicits
yet another development concern for statelessness. The entrapment of the Azawad
— a remote parastate situated in northern Mali — in a protracted conflict involving
non-state armed groups, national security forces, and external interveners, is a
critical example.37 The above reality illustrates a temporary and volatile circumstance
linking parastate, patronage politics, hybrid governance and statelessness, amid
deprivation and marginalisation. The typical nature of the Sahara Desert’s spatial
porosity highlights how ethnic and religious drivers intertwine and overlap with the
Gábor Gyulai 'Statelessness in the EU framework for international protection' European Journal of Migration and Law
(2012) 279.
32
C Vlieks op cit note 30.
33
Tendayi Bloom Katherine Tonkiss & Phillip Cole Understanding Statelessness (2017).
34
UNDG op cit note 6.
35
ACHPR op cit note 12; Bronwen Manby 'The Sustainable Development Goals and "Legal identity for all": "First, do no
harm"' (2021) 14 World Development at 279 ; UNHCR op cit note 11; Punthip K Saisoonthorn 'Development of concepts
on nationality and the efforts to reduce statelessness in Thailand' (2006) 25 Refugee Survey Quarterly (Nationality and
Reduction of Statelessness: International, Regional and National Perspectives) at 40; Christoph Sperfeldt 'Legal identity in
the sustainable development agenda: Actors, perspectives and trends in an emerging field of research' (2022) 26 IJHR at
217, available at https://doi.org/10.1080/13642987.2021.1913409
36
Saisoonthorn ibid.
37
Edoardo Baldaro & Luca Raineri 'Azawad: A parastate between nomads and mujahidins?' (2020) 48 Nationalities Papers
48 at 100.
31
63
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