Statelessness as a Product of Slippery Statecraft
Who might find themselves where along this slippery slope? At the top stand
the lucky holders of hard citizenship rights in wealthy, democratic countries. 3
Moving down the gradient we find people on the move who are categorised,
documented, sorted and legally produced in a variety of ways: 4 documented and
undocumented migrants, recognised and unrecognised refugees, people who have
been trafficked and smuggled, all of whom experience degrees of precarity
whether in wealthy or less wealthy countries. 5 Also on slippery footing we find:
people holding precarious status forms, such as temporary work permits or
temporary protection; those whose citizenship in poverty-stricken countries
affords them little in the way of rights; and social groups whose citizenship is
mediated through discriminatory policies and practices — women, ethnic
minorities, racialised people, children and persons of minority sexual orientation. 6
At the bottom of the slope stand the stateless, who are not recognised as citizens
by any state but manage to carve out an existence for themselves nonetheless.
An estimated ten to fifteen million people have been made stateless. 7 Their
condition is often considered as a (hu)man-made problem, occurring as a result of
unintentional gaps between citizenship policies excluding individuals who move,
form relationships and reproduce across international borders. But what if the
production of statelessness is not a technicality, but a slippery strategy that some
states use to design the citizenry that they have the political will to protect?
This paper provides a critical global governance view of contemporary causes
of statelessness, actors working on it and their framing of the issue. A global
governance perspective brings into view a panoply of actors operating at levels of
governance above and below the state — stateless individuals, an epistemic
community convened by a think tank, transnational advocacy networks, UN
agencies and campaigns, human rights activists and non-governmental
organisations (‘NGOs’) — who come together in a variety of venues to identify
solutions for global problems where state action has been found wanting.
Mainstream approaches to the study and practice of global governance are often
depoliticised and technocratic in nature, focusing on the creation of a policy
framework to coordinate action on problems that cross borders. 8 This can be seen
in much scholarship and policy work on statelessness, which tend to focus on
smoothing out the relationship between individuals and sovereign states rather
than analysing exclusionary citizenship as part of the global state system. 9 Critical
scholarship on global governance, by contrast, aims to identify sources of conflict
and contradiction, opening up space for reconsidering and potentially
transforming the prevailing order.
3
4
5
6
7
8
9
Ayelet Shachar, The Birthright Lottery: Citizenship and Global Inequality (Harvard
University Press 2009).
Nicholas De Genova, ‘Migrant “Illegality” and Deportability in Everyday Life’ [2002]
Annual Review of Anthropology 419; Heather Johnson, Borders, Asylum and Global NonCitizenship: The Other Side of the Fence (Cambridge University Press 2014).
Howard-Hassmann and Walton-Roberts (n 1) 5–6.
ibid.
United Nations High Commissioner for Refugees, Global Trends: Forced Displacement in
2016 (Report, 19 June 2017) 2; Institute on Statelessness and Inclusion, The World’s Stateless
(Wolf Legal Publishers 2014) 11.
Shirin M Rai and Georgina Waylen, Global Governance: Feminist Perspectives (Palgrave
Macmillan 2008) 2.
Shachar (n 3) 5; Bridget Anderson, Us and Them? The Dangerous Politics of Immigration
Control (Oxford University Press 2013) 94.
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