2021
Statelessness & Citizenship Review
3(1)
nationality as an individual right’. 19 In his view, this has ‘undermined the spirit of
the Banjul Charter, which consecrates peoples’ rights as an African specificity’. 20
This article reflects on the nature of the Banjul-led African human rights system,
particularly with regard to collective community and peoples’ rights, and reflects
on what this means for the right to nationality. He concludes with the provocative
perspective that:
statelessness has gone beyond its limited legalistic perspectives of ‘stateless
persons’ to embrace the broader socio-political perspectives of ‘stateless people’
and ‘stateless nations’, where the right to nationality could best be enjoyed
collectively as a people and community. 21
This lays fertile ground for further debate and exploration of these foundational
issues.
Paola Pelletier Quiñones’ article, ‘Breaking the Presumption that the Applicant
for Statelessness Determination is Foreign’ offers an original and important
contribution on a vital issue for the protection of stateless persons, namely the
scope and ambit of SDPs. As she notes ‘there is no international jurisprudence
ordering and recognising the obligation of states to adopt SDPs or modify an SDP
norm according to international standards’, and while there is emerging high
quality scholarship, this has largely focused on Europe. 22 Her contribution
considers all 23 existing SDPs specifically inquiring into whether ‘a formally
adopted SDP [could] be used by states to perpetuate a policy of exclusion or
denationalisation.’ 23 As she observes, these issues have not been thoroughly
considered to date. Her detailed empirical analysis reveals that of the 23 states that
have enacted SDPs, ‘eight countries have included safeguards in their SDP norms
for identification, investigation and referral mechanisms where the applicant could
be identified as a national of the state in which they have applied to be recognised
as stateless’. 24 These safeguards in the SDP normative framework ‘constitute
good practice and guidance that must be considered by current and future SDP
norms and their corresponding rules of application’. 25
This issue of the Review also includes three engaging case notes on significant
jurisprudential developments edited by our ever-capable Case Note Editor, Dr
Katia Bianchini, and two insightful book reviews on significant new additions to
scholarship, commissioned by our excellent Book Review Editor, Dr Barbara von
Rütte.
Finally, we are thrilled also to publish an important symposium on ‘Citizenship
and Statelessness in India’. The contributions to this forthcoming symposium
emerged from a collaboration between Melbourne Law School (Asian Law Centre
and Peter McMullin Centre on Statelessness), Oxford’s Bonavero Institute of
19
20
21
22
23
24
25
3.
Darren Ekema Ewumbue Monono, ‘Peoples’ Right to a Nationality and the Eradication of
Statelessness in Africa’ (2021) 3(1) Statelessness & Citizenship Review 33.
ibid.
ibid 58.
See Katia Bianchini, Protecting Stateless Persons (Martinus Nijhoff, 2018). See also Katia
Bianchini, ‘A Comparative Analysis of Statelessness Determination Procedures in 10 EU
States’ (2017) 29(1) International Journal of Refugee Law 42; Paola Pelletier Quiñones,
‘Breaking the Presumption That Applicants of Statelessness Determination Procedure Are
Foreign’ (2021) 3(1) Statelessness & Citizenship Review 61.
Pelletier Quiñones (n 22) 62.
ibid.
ibid 62–6
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