2019
Statelessness & Citizenship Review
1(1)
have argued that the international order itself depends on citizenship. 148 If
statelessness is indeed a product of slippery statecraft, then I suggest it cannot be
resolved unless advocates and scholars stop ‘seeing like a state’ 149 and start seeing
the state in statelessness.
So what is at stake for global governance? Does this make the issue of
statelessness intractable? What becomes increasingly clear are the limits of the
nation-state framework to deliver justice. As Nancy Fraser points out, the
Westphalian view is that justice applies within the territory of a nation-state to
citizen subjects, which frames first-order questions of justice unjustly. 150 The
sovereign state draws the frame as it will, inevitably but arguably avoidably,
casting unwanted ‘others’ outside the frame. Boundaries of inclusion/exclusion
are worrisome matters from a perspective of justice and human rights for any
number of groups that have been othered. When a collective finds itself outside of
all state boundaries, yet still needing to reside somewhere on the planet, their very
existence challenges the international system of nation-states and its carving up of
international space. Our earlier analysis of the causes of statelessness reveals how
multiple forms of social exclusion converge to produce the ultimate exclusion: the
person who, politically, does not belong anywhere on earth.
This suggests a different frame from which to consider justice for the stateless:
belonging. UNHCR alludes to this in its campaign title, ‘#IBELONG’ yet proposed
solutions are circumscribed by statist assumptions. 151 One of the primary
injustices facing the stateless, Matthew Gibney aptly points out, 152 is not that they
cannot find a state to call home, but rather that the state to which they arguably
belong and which should recognise them as citizens refuses to do so. On the other
hand, some stateless groups, such as Palestinians, may feel they already belong to
a national group; in their case, maintaining a stateless status may form part of an
ongoing political claim for statehood notwithstanding their exclusion from the
Refugee Convention and UNHCR mandate for protection of refugees and the
stateless. 153
To move beyond such an impasse, political theorist Kristy Belton argues for
the ‘right to belong’ using a framework of global distributive justice in which
citizenship is seen as a good subject to fair distribution. 154 Belton’s proposal of
just membership for stateless people moves beyond statist practices of inclusion
and exclusion by granting agency to stateless individuals to determine where it is
they wish to belong. 155 Such a proposition would imply the creation and
recognition of new and more specific rights than the right to a nationality, such as
148 Barry Hindess, ‘Citizenship and Empire’ in Thomas Blom Hansen and Finn Stepputat (eds),
149
150
151
152
153
154
155
Sovereign Bodies: Citizens, Migrants, and States in the Postcolonial World (Princeton
University Press 2005) 241, 256.
James C Scott, Seeing Like a State: How Certain Schemes to Improve the Human Condition
Have Failed (Yale University Press 1999).
Fraser (n 14) 294.
United Nations High Commissioner for Refugees, ‘#IBelong Campaign to End Statelessness’
<https://www.unhcr.org/ibelong-campaign-to-end-statelessness.html>.
Matthew Gibney, ‘Statelessness and the Right to Citizenship’ (2009) 32 Forced Migration
Review 50–51.
Maissaa Almustafa, ‘Relieved Vulnerabilities of Palestinian Refugees: Governing Through
Exclusion’ (2017) 27(4) Social and Legal Studies 164.
Belton (n 13) 165.
ibid 175.
154