‘Humanising’ Statelessness
Tamás Molnár has expressed a similar view. 34 From the literature concerned with
solving statelessness, whether by implementing human rights conventions
properly or by eradicating discriminatory nationality laws based on gender, race,
ethnicity or religion, 35 it is undeniable that the nation-state is a point of focus.
Nevertheless, some literature also discusses how international and regional
communities can create pressure on states or mobilise the rights of stateless
persons to influence nation-states. 36
In contrast, other literature focuses on the setbacks involved in resolving
statelessness. For instance, Zahra Al Barazi and Jason Tucker have discussed how
the absence of a common language or consistent frameworks for accessing
citizenship — in avoiding statelessness — hinders the efficacy of reducing
statelessness in a region such as the Middle East. 37 Tendayi Bloom problematises
the idea that stateless persons ought to find remedies for their situation through the
citizenship framework of the recognised nation-state, although the author does not
deny the importance of citizenship in the current nation-state-based world for
accessing human rights. 38 Similarly, Kelly Staples also focuses on the
discriminatory way states treat certain groups in the provision of citizenship rights
and their inability to ensure basic universality in human status. 39 This last point
remains a setback to UNHCR’s aims of ending statelessness through birth
registration, documentation and non-discrimination, reflected in each case in the
politics of recognition. 40
34
35
36
37
38
39
40
Tamás Molnár, ‘A Fresh Examination of Facilitated Naturalization as a Solution for Stateless
People’ in Laura Van Waas and Melanie J Khanna (eds), Solving Statelessness (Wolf Legal
2016) 230.
Laura van Waas, Zahra Albarazi and Deirdre Brennan, ‘Gender Discrimination in Nationality
Laws: Human Rights Pathways to Gender Neutrality’ in Niamh Reilly (ed), International
Human Rights of Women (Springer 2019) 193, 207; Neda Shaheen, ‘Discriminatory
Nationality Laws Must Be Eliminated in Order to Eradicate Statelessness’ (2018) 11(2)
DePaul Journal for Social Justice 1; Ronan Lee, ‘Myanmar’s Citizenship Law as State
Crime’ (2019) 8(2) State Crime Journal 241.
Bronwen Manby, Ayalew Getachew Assefa and Julia Sloth-Nielsen, ‘The Right to a
Nationality in Africa: New Norms and New Commitments’ in Laura Van Waas and Melanie
J Khanna (eds), Solving Statelessness (Wolf Legal 2016) 261; Laura van Waas, Katja Swider
and Giulia Bittoni, ‘The Evolving Role of the European Union in Addressing Statelessness’
in Laura Van Waas and Melanie J Khanna (eds), Solving Statelessness (Wolf Legal 2017)
375.
Zahra Al Barazi and Jason Tucker, ‘Challenging the Disunity of Statelessness in the Middle
East and North Africa’ in Tendayi Bloom, Katherine Tonkiss and Phillip Cole (eds),
Understanding Statelessness (Routledge 2017) 87.
Tandayi Bloom, ‘Members of Colonised Groups, Statelessness and the Right to Have Rights’
in Tendayi Bloom, Katherine Tonkiss and Phillip Cole (eds), Understanding Statelessness
(Routledge 2017) 153.
Kelly Staples, ‘Recognition, Nationality, and Statelessness: State-Based Challenges for
UNHCR’s Plan to End Statelessness’ in Tendayi Bloom, Katherine Tonkiss and Phillip Cole
(eds), Understanding Statelessness (Routledge 2017) 173.
See, eg, UNHCR Global Action Plan (n 30). See also Ending Statelessness within 10 Years
(Report,
UNHCR
2010)
<https://www.unhcr.org/protection/statelessness/546217229/special-report-endingstatelessness-10-years.html>; I Am Here, I Belong: The Urgent Need to End Childhood
Statelessness (Report, UNHCR 2015) <https://www.unhcr.org/ibelong/the-urgent-need-toend-childhood-statelessness/>.
279