176
Statelessness and the Feminist Toolbox
her analysis of “de jure/legally stateless” is where the agendas of our works disjoin.37 However, this paper
claims for statelessness to be decentralized from the legal field, whilst simultaneously—ironically—insisting
on clinging on to the 1954 Convention’s legal definition of statelessness. In Charlesworth, Heathcote and
Jones, this insistence would be a move described as attempting radical changes ‘via using the system itself’
because actions ‘sit within a spectrum between resistance and compliance’.38 The extent to which feminist
analysis should move between resistance and compliance to legal frameworks is a valuable consideration
for feminist-statelessness work but is unfortunately beyond the scope of this paper. It is, however, indisputable that the legal definition remains much needed for the practical application of fighting statelessness.
Nevertheless, the valuable lesson to take from Lay Lee’s work is the need to reimagine our approach to
statelessness by holding the deconstruction of patriarchy at its core. Lay Lee’s unveiling of the omission
of gender/women from the 1954 Convention is a testament to what “new” aspects of statelessness can be
learned when applying a feminist lens to our work. Applying a feminist lens or including feminist theory
in statelessness research is to join in the feminist movement for the dismantling of patriarchy. It therefore
provokes the question, what will further revisions of patriarchal powers teach us about the creation of, and
consequently, the solutions to, statelessness?
4 Deconstructing History, Deconstructing Patriarchy
Fast-forward fourteen years from Lay Lee’s publication, and the second pivotal piece in the limited canon
of feminist-statelessness literature, is a 2019 article by Allison J. Petrozziello, ‘(Re)producing Statelessness
via Indirect Gender Discrimination: Descendants of Haitian Migrants in the Dominican Republic’.39 Here,
Petrozziello’s examination of women as a “border site”, in the production of stateless populations, highlights
the meaningfulness of historical reflections on gender and structural dynamics. It further shows how lessons
from the past can guide our work in statelessness for the future.
Looking beyond what Petrozziello calls “direct gender discrimination”, the author demonstrates how
access to citizenship in the Dominican Republic has been restricted as a form of migration control, implemented via women’s bodies. This is what Anthias and Yuval-Davis describe as practice which uses women
as reproducers of the boundaries of national groups. Petrozziello writes: ‘[t]he Dominican state has a policy
of using gender discrimination, specifically linked to women’s reproductive capacity, as a means of limiting
access to Dominican nationality for all subsequent generations.’40
Petrozziello’s findings also draw parallels to Grossman-Thompson and Dennis’ research in Nepal.
Grossman-Thompson and Dennis noted the maintenance of systematic gender discrimination in Nepal, as a
preventative mechanism against the state’s fear of Indian encroachment. The link Petrozziello found in the
Dominican Republic, between state policy and women’s reproductive capacity, is evidenced succinctly in the
Nepali context by a 2015 comment by the leader of the United Marxist Leninist Party:
[w]e are always in favour of gender equality. Issuing citizenship in the name of father and mother,
if both are Nepalis, is not a problem for us. But we have to be cautious while issuing citizenship
for children born in districts bordering India in Terai, as well as Tibet in the mountain, through
mothers.41 [Author’s emphasis]
The leader’s use of the phrase “through mothers” typifies the state’s view of women as one which reduces
women to their reproductive “value”—a valuable vessel that must be controlled. Interestingly, in both the
Nepali context and the Dominican Republic, parallels can be drawn to the fact that while it is women’s bodies that are being manipulated into border sites, it is an unsavory, specifically male, “other” whom the state
is attempting to keep out (Indians and Haitians). As suggested earlier, postcolonial feminist authors have
a canon of theoretical reflections on “othering” which could be relied upon to investigate exactly who the
“stateless other” is in many of the contexts of statelessness.
37
38
39
40
41
‘Statelessness is used here to include both de jure and de facto statelessness’. T Lay Lee, Statelessness, Human Rights and Gender
(Brill Nijhoff 2005) 150.
H Charlesworth, G Heathcote, and E Jones, ‘Feminist Scholarship on International Law in the 1990s and today: An Inter-
Generational Conversation’ (2018) Feminist Legal Studies 1.
First published 31 October 2018 through Wiley Online Library.
A J Petrozziello, ‘(Re)producing Statelessness via Indirect Gender Discrimination: Descendants of Haitian Migrants in the
Dominican Republic’ (2019) 47(1) International Migration 213.
B Grossman-Thompson, and D Dennis, ‘Citizenship in the Name of the Mother: Nationalism, Social Exclusion, and Gender in Contemporary Nepal’ (2017) 25(4) Positions 810.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents