6
MANLY AND van waas
and their countries. It can strain relations between family and community
members, but also between states, as individuals and governments struggle to
deal with the consequences of statelessness.
Increasingly then, there is an awareness that the study of statelessness must
evolve beyond the study of statelessness law. There is an evident need to
explore statelessness from an interdisciplinary perspective, to better understand why this extreme form of exclusion is allowed to happen – and why it can
so stubbornly persist – and what its true impact is on the lives of individuals,
the fabric of communities and the integrity of the modern nation-state
system. The growing discovery of statelessness as a subject of study by anthropologists, social scientists, historians, philosophers, political scientists, psychologists and economists presents incredible opportunities for broadening
the statelessness research agenda.10 In many instances, academic work
which relates to statelessness has not been labelled as such and has therefore
gone unperceived by others working on similar issues and populations but in
different disciplines.11
At the same time, new and complex challenges are also coming to light with
respect to research methodology,12 which must be addressed if statelessness is
to become fully established as an interdisciplinary research field. A persistent
challenge remains the question of definition: who is stateless? A better understanding of ‘who is stateless’, according to international law, will help ensure
increased comparability of research findings and development of a common
basis for discussion.
10
11
12
As also evidenced by the variety of contributions to this special edition Tilburg Law
Review, a number of which have been prepared by scholars from other disciplines.
For example, research by human rights organisations on migrant labour in South East
Asia has almost universally overlooked the fact that very large numbers of former
Indonesian nationals lost their nationality under the nationality law in force from 1958
until 2006 on account of residence abroad for more than five years. Similarly, until recently,
most research on the situation of migrants and refugees from Zimbabwe did not address
the high incidence of statelessness, which resulted from the country’s 2001 Citizenship
Amendment Act.
These research challenges include: low levels of general awareness or knowledge of statelessness globally; difficulties inherent in identifying research subjects in countries where
stateless people are a hidden population; efficiently and accurately establishing statelessness in the field research (e.g. survey) context; political sensitivities surrounding some
stateless populations or use of particular terminology; and the absence of baseline data
in many countries, including a lack of historic data for stateless populations to enable
comparisons over time.
tilburg law review 19 (2014) 3-10