Statelessness, Governance, and the Problem of Citizenship
out that the conferral of citizenship can likewise contribute to problematic social
control and erasure. Kingston gives the example of citizenship in a colonised state
that effectively forces Indigenous peoples to operate within a system within which
their own identity, status and sovereignty may not fit. 23 Historically, citizenship
has also been imposed on certain foreign populations to consolidate colonialism
and aid governance. 24 In another chapter, Haqqi Bahram similarly explains,
regarding the conferral of nationality to certain Syrian Kurds, that ‘once a person
is able to change legal status from stateless to national, a long-lasting legacy of
statelessness unfolds’. 25 Overall, as Kingston argues, these observations mean that
careful attention must be given to any assumption that ‘[posits] legal nationality
alone as a solution to the rights abuses associated with statelessness’. 26
In their chapter, ‘Legal Identity and Rebel Governance’, 27 Katherine Fortin,
Bart Klem and Marika Sosnowski provide an interdisciplinary ‘comparative
perspective on lived consequence of contested sovereignty’. This chapter
complicates looking at citizenship/legal identity and governance in an important
way: it acknowledges armed rebel groups challenging the state as actors with a
potentially significant role regarding legal identity in practice. Armed conflict can
create great challenges or even impossibilities for affected populations to access
civil status documentation. 28 This chapter explores how certain insurgent groups,
usually when they are in de facto control of some territory and parts of a
population, do in fact issue documentation concerning life events such as births,
marriages and educational achievements and confer legal identity documents of
certain kinds. As the authors explain, these assertions of governance can exist
alongside those of the state in question. The comparative aspect of the chapter is
a consideration of the key similarities and differences in how insurgent groups
instil legal identity compared to states. This, the authors base around a typology
of three broad factors affecting the conferral or not of legal identity or related
documentation to populations living under a non-state group’s de facto control.
These factors are the nature of the insurgency (eg does the group have sovereign
ambitions? To what extent is it trying to establish or ‘mimic’ state structures and
geographic control?), the nature of the state against which they are fighting (eg to
what extent is state bureaucracy well-instituted, or weak and intermittent, within
the society?) and the temporal stage or trajectory of the conflict (eg this includes
thinking about the consequences for the holders of rebel-conferred legal identity
documents once an insurgency ends). The chapter then reflects upon how legal
identity in relation to rebel governance can be conceptualised, once again setting
out three strands of fruitful future thought: rebel governance and de facto
sovereignty, state performance and mimicry, and legal scholarship in relation to
non-state armed groups. For me, given also that the authors explain that ‘there is
23
24
25
26
27
28
Kingston, ‘The Weaponisation of Citizenship’ (n 23) 101. See also Tendayi Bloom, ‘Members
of Colonised Groups, Statelessness and the Right to Have Rights’ in Tendayi Bloom,
Katherine Tonkiss and Phillip Cole (eds), Understanding Statelessness (Routledge 2017) 153.
ibid 102.
Bahram (n 19) 266.
Kingston, ‘The Weaponisation of Citizenship’ (n 23) 107.
Katherine Fortin, Bart Klem and Marika Sosnowski, ‘Legal Identify and Rebel Governance:
A Comparative Perspective on Lived Consequence of Contested Sovereignty’ in Tendayi
Bloom and Lindsey N Kingston (eds), Statelessness, Governance, and the Problem of
Citizenship (Manchester University Press 2021) 125.
Katharine Fortin, ‘To Be or Not to Be?: Legal Identity in Crisis in Non-International Armed
Conflicts’ (2021) 43(1) Human Rights Quarterly 29.
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