2019
Statelessness & Citizenship Review
1(1)
or the Rohingya vis-à-vis Myanmar (Burma). The 1961 Convention set out
safeguards to prevent statelessness due to state succession, but also recognised
limited situations in which states can deprive a person of his or her nationality,
even if this would leave them stateless. 24
This brief overview traces how statelessness emerged as an international
concern within a particular set of circumstances, which continue to influence its
conceptualisation today. In their recent volume, Understanding Statelessness,
Tendayi Bloom, Katherine Tonkiss, and Phillip Cole identify three key moments
in thinking about statelessness: 1) post-WWII when statelessness was considered
exception; 2) the beginning of the twenty-first century when statelessness became
a phenomenon; and 3) 2013 onward with statelessness seen as endemic or even
symptomatic of modernity. 25 Despite having moved on from the moment of
exception, statelessness is most often associated with interstate conflict,
decolonisation and state formation, forced displacement and the refugee cycle.
While these crisis-driven causes are still at work in the world today, exclusion
from citizenship is occurring gradually through institutional means as well. The
next section considers some of the contemporary factors which are fuelling the
phenomenon of statelessness in the early twenty-first century.
CONTEMPORARY CAUSES OF STATELESSNESS
Contemporary causes of statelessness must be understood within the context of
neoliberal globalisation and the politically charged issues of international labour
migration, securitisation and persistent discrimination. The messy politics of
global migration governance stand in sharp contrast to the depoliticised language
of birth registration and child protection measures to combat statelessness, which
are discussed later in the paper.
Recent literature on (non)citizenship offers a lens through which to begin to
identify risk factors for statelessness. 26 Many of these derive from states’
manipulation of citizenship as a means of governing human mobility. By parsing
out factors related to identity, security, mobility, and reorganising them into a
variety of new status forms, citizenship is made precarious for noncitizens and
completely out of reach for the stateless. While stateless people share a similar lot
with other noncitizens — such as irregular migrants, asylum seekers and their
children — their situation is also particular insofar as recognition by a state, any
state, continues to be the sine qua non for securing access to the full range of one’s
human rights. Precarity is a permanent condition for the stateless, and they may
even be penalised for ‘unlawful’ presence by the very state that made them so in
the first place by denying citizenship. 27
24
25
26
27
1961 Convention (n 23) arts 8(2)–(3), 10.
Tendayi Bloom, Katherine Tonkiss, and Phillip Cole (eds), Understanding Statelessness
(Routledge 2017) 4.
See, eg, Katherine Tonkiss and Tendayi Bloom, ‘Theorising Noncitizenship: Concepts,
Debates and Challenges’ (2015) 19(8) Citizenship Studies 837; David Owen ‘Republicanism
and the Constitution of Migrant Statuses’ (2014) 17(1) Critical Review of International Social
and Political Philosophy 90; Marit Hovdal-Moan ‘Unequal Residence Statuses and the Ideal
of Non-Domination’ (2014) 17(1) Critical Review of International Social and Political
Philosophy 70.
Belton (n 13) 11.
140