2020
Statelessness & Citizenship Review
2(2)
structural and legal imbalance for those it effects. 28 Some have also argued that
the term statelessness is a slippery one; it is perceived by some as a narrow,
technical, legal concept, yet embraced by others as a broad descriptor for a lack of
belonging or situation of rightlessness. 29 Generally speaking, defining
statelessness is about the absence of nationality. Thus, narratives of statelessness
often define statelessness as a legal anomaly of non-existent legal bonds between
the people and state. In doing so, predominant legal narratives and discourses do
not give attention to the perception, feelings or agency of stateless persons — they
become a number. But people do not connect with numbers, nor do they feel
empathy for statistics.
Solving and Preventing Statelessness: A Focus on the ‘Nation-State’ and
Law
The second stream of literature focuses on those issues associated with finding
solutions and resolving statelessness. The #IBelong Campaign to End
Statelessness launched by UNHCR in November 2014 renewed optimism for the
prevention of statelessness, and was endorsed by the United Nations General
Assembly in the same year. 30 Much of the literature on solving statelessness
identifies the nation-state’s role as key, regardless of the different strategies that
need to be adopted or areas to be improved. Some authors stress the need for the
proper and full implementation of the 1954 Convention and 1961 Convention on
the Reduction of Statelessness, 31 while others point to the importance of human
rights conventions to deal with statelessness. 32 Others still have a different
approach to resolving statelessness based on how they conceptualise statelessness
in the first place. For example, Radha Govil suggests that implementing the 2015
UN Sustainable Development Goals can help reduce statelessness, as statelessness
is a core development issue, not just a humanitarian and human rights issue. 33
28
29
30
31
32
33
See, eg, See Lindsey N Kingston, ‘Worthy of Rights: Statelessness as a Cause and Symptom
of Marginalisation’ in Tendayi Bloom, Katherine Tonkiss and Phillip Cole (eds),
Understanding Statelessness (Routledge 2017) 17; Caia Vlieks, ‘Contexts of Statelessness:
The Concepts of “Statelessness in Situ” and “Statelessness in the Migratory Context”’ in
Tendayi Bloom, Katherine Tonkiss and Phillip Cole (eds), Understanding Statelessness
(Routledge 2017) 35.
Amal de Chikera and Laura van Waas, ‘Unpacking Statelessness’ in Tendayi Bloom,
Katherine Tonkiss and Phillip Cole (eds), Understanding Statelessness (Routledge 2017) 53.
Global Action Plan to End Statelessness 2014–2024 (Report, UNHCR 2014)
<https://www.unhcr.org/en-au/protection/statelessness/54621bf49/global-action-plan-endstatelessness-2014-2024.html> (‘UNHCR Global Action Plan’).
See Convention on the Reduction of Statelessness, opened for signature 30 August 1961, 989
UNTS 175 (entered into force 13 December 1975). See also Edwards and van Waas (n 26);
Amal de Chikera and Joanna Whiteman, ‘Addressing Statelessness through the Rights to
Equality and Non-Discrimination’ in Laura Van Waas and Melanie J Khanna (eds), Solving
Statelessness (Wolf Legal 2017) 99; Türk Volker, ‘Introduction’ in Laura Van Waas &
Melanie J Khanna (eds), Solving Statelessness (Wolf Legal 2016) 1.
Melanie J Khanna and Peggy Brett, ‘Making Effective Use of UN Human Rights Mechanisms
to Solve Statelessness’ in Laura Van Waas and Melanie J Khanna (eds), Solving Statelessness
(Wolf Legal 2016) 13.
Radha Govil, ‘The Sustainable Development Goals and Solutions to Statelessness’ in Laura
Van Waas and Melanie J Khanna (eds), Solving Statelessness (Wolf Legal 2016) 49, citing
Transforming Our World: The 2030 Agenda for Sustainable Development, UN Doc
A/RES/70/1 (21 October 2015) 21.
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