2019
Statelessness & Citizenship Review
1(1)
The Global Compact on Refugees was proposed by UNHCR, building on the
Comprehensive Refugee Response Framework already laid out in Annex I of the
New York Declaration. 133 Some consultations took place in 2017–18, mostly with
state and non-state actors already collaborating with UNHCR in the
implementation of the ‘Comprehensive Refugee Response Framework’ in pilot
countries during this two-year period: national and local authorities, international
organisations, international financial institutions, regional organisations, regional
coordination and partnership mechanisms, civil society partners, including faithbased organisations and academia, the private sector, media and the refugees
themselves. 134 The final draft of the Global Compact on Refugees was also
adopted in December 2018. 135
Statelessness is mentioned in arts 60, 82 and 83 of the Global Compact on
Refugees, 136 with its usual emphasis on identification, birth registration and
documentation. Importantly, art 82 distinguishes between birth registration and
the conferral of a nationality: ‘while it does not necessarily lead to conferral of
nationality, birth registration helps establish legal identity and prevent the risk of
statelessness’. 137 This emphasis suggests the Global Compact for Refugees is
likely to reaffirm UNHCR’s existing technical approach to statelessness
prevention and reduction, though the call for establishing a global academic
network on refugee and statelessness issues (art 43) represents an important move
toward ongoing dialogue on these issues.
CONCLUDING REMARKS: SEEING THE STATE IN STATELESSNESS AND NEW
WAYS OF SEEING
This paper has endeavoured to contrast the slippery statecraft involved in
governments’ strategic use of citizenship to govern human mobility, with global
governance actors’ tendency to turn statelessness into a non-political problem in
need of technical solutions. Since 2013, statelessness has been rediscovered as an
egregious violation of human rights and pressing challenge to global governance.
Yet the framing of the issue by UNHCR and other global governance actors
continues to assume that statelessness can be resolved — provided there is political
will — within the existing international system of states and human rights
framework through relatively simple reforms. Contrasting the messy politics
involved in creating contemporary situations of statelessness, as opposed to its
narrow technical and legalistic framing, reveals a tendency toward depoliticisation
of what is a fundamentally political problem.
Comparing the broader structural causes of statelessness with UNHCR’s
Global Action Plan raises important concerns regarding the ethics and efficacy of
their campaign to end statelessness. The post-9/11 securitisation of citizenship
poses ethical questions regarding the potentially discriminatory effects of
biometric technologies. UNHCR’s emphasis on birth registration and identity
documentation, which are often produced using these new technologies, has been
criticised as problematic and potentially exacerbating state-sponsored
133 New York Declaration (n 116) Annex I.
134 United
Nations High Commissioner
for Refugees, ‘Formal Consultations’
<https://www.unhcr.org/formal-consultations-on-the-global-compact-on-refugees.html>.
135 The Global Compact on Refugees (n 117).
136 ibid [60], [82], [83].
137 ibid.
152