‘Humanising’ Statelessness
For Giddens, constraints enable people to exercise their agency. 121 The interview
with Drik suggests that the stateless people of Western Sahrawi do not see
themselves as stateless, and most of them do not have any intention of accepting
Moroccan citizenship despite their suffering. The will to resist against the
condition, to survive and to protect their identity, clearly shows the agency of the
Western Sahrawi people — qualities that Drik himself thinks emulate cacti.
Contending with Deirdre Brennan, 122 I came to realise that these theories on
agency can play a significant role in understanding the concepts of definition and
self-identification. By asking questions such as ‘what are the implications of
portraying stateless people as the victims? Invisible? Legal ghosts? People of
nowhere?’ ‘In what circumstances do people want to be defined as stateless
people?’ Or, ‘in what space can stateless people be seen as having and practising
agency?’ 123 Similarly, universally portraying stateless people as ‘victims’,
‘nowhere people’, ‘submissive’, ‘people with bare lives’ and waiting for
‘citizenship’ ignores their complicated and contextual history, identity and culture.
Through the use of an artistic approach, Creative Court intended to go beyond
these portrayals and wanted to represent the agency of the Western Sahrawi
stateless people by portraying them as cacti; strong, resilient and able to survive
in harsh environments.
Despite their intention, the ‘agency’ perspective adopted by Creative Court
suffers similar limitations to that of ‘hope’, where there is a clear absence of first
hand stateless perspectives on artworks. Creative Court’s agency argument, and
their act of showing stateless people as a resilient and aware group of survivors, is
based in a single chance encounter with a stateless person. The photographs and
artworks presenting such agency were not developed with stateless people, their
concern and consent were not counted in the process. So, the question can be
asked, who represented whom and how? Creative Court’s ideas and knowledge
did not arise from empirical research with the Western Sahrawi population
residing inside the Moroccan territory. Again, it was a different way of seeing and
imagining, but it followed the same path of totalising the experience of the
Western Sahrawi stateless population, based on the view of one particular member
of the community. This is a nice idea to show the agency of stateless people and
recognise their existence, but it lacks empirical grounds. With all the concerns
regarding the humanisation of statelessness, when Creative Court sees stateless
people through plant metaphors, in a way, they also dehumanise stateless people
— their experiences become objectified when translated into plants or artworks.
This is a paradox created by the organisation.
CONCLUSION
Throughout this article, I have analysed an art-based approach towards
statelessness to show how it is different from the currently dominant frameworks.
These dominant discourses on statelessness emphasise a lack of legal bond
between the state and the individual. The personal experiences and perceptions of
stateless people are mostly invisible in such discourses. Stateless persons are
perceived as ‘legal ghosts’, as if they do not exist, and as vulnerable and passive
121 Anthony Giddens, The Constitution of Society (Polity Press 1984) 173.
122 Deirdre Brennan, ‘Statelessness and the Feminist Toolbox: Another Man Made Problem with
a Feminist Solution?’ (2019) 24(2) Tilburg Law Review 170.
123 See ibid 172.
297