16
Albarazi
Detention generally takes place with the objective of deporting the
individual, despite the reality that in most cases this is impossible because
there is nowhere to deport them to. This result of the inability of ‘governments
to recognise statelessness as a significant issue has resulted in many individuals being detained indefinitely.”10 This happens both in a migratory
context, such as in Australia, which has no tailored policy of dealing with
stateless persons in detention or the indefinite detention of the Rohingya
in neighbouring countries to which they have fled,11 but also with in situ
stateless populations such as the case in Jordan. Um Khaled from Jordan talks
about how:
My son has been arrested twice for not having any documents. The first
time they only kept him for two days, but the second time for 16 days as it
was his second offence. What is his offence? He is begging for these
documents.12
Deportation is an additionally troubling notion that disrupts family unity.
Although in most cases the deportation of a stateless individual is impossible, precisely because of their status, there remain many examples of
precarious situations in which this has taken place. One high profile
example of such a case is the one of Ahmed Abd AlKhaled – a bidoon from
the United Arab Emirates. In 2009, the UAE had negotiated a deal with
the Comoros Islands where some of its stateless community were able to
acquire Comorian passports, despite having no links there. They were told
this would legitimize their stay in the UAE and therefore make it easier for
them to naturalize in the future. Abd Alkhaled had been targeted due to his
active role as someone who criticizes regime policies in the UAE, and in 2012
the government deported him, by using his Comorian ID, to Thailand, where
he remains.13
10
11
12
13
Equal Rights Trust, Unravelling Anomaly: Detention, Discrimination and the Protection
Needs of Stateless Persons, July 2010, 174: http://www.equalrightstrust.org/ertdocument
bank/UNRAVELLING%20ANOMALY%20small%20file.pdf.
Ibid, 174.
An interview conducted with a Jordanian woman (February 2013) as part of the Women’s
Refugee Commission Our Motherland; Our Country project.
For more information on this see Human Rights Watch, UAE: Free Blogger Activist, 28 May
2012, available at: http://www.hrw.org/news/2012/05/28/uae-free-blogger-activist. and
Financial Times, UAE’s Stateless Acquire Foreign Passports, 4 June 2012 available at http://
www.ft.com/cms/s/0/8abfc14a-a8aa-11e1-be59-00144feabdc0.html#axzz2h7Kw1LLW.
tilburg law review 19 (2014) 11-19