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Introducing ‘unwanted’ noncitizens
parents (jus sanguinis), while others allocate formal citizenship based on birth
on the territory (jus soli). A child born on the territory of a jus sanguinis State to
citizens of a jus soli State will struggle to claim any citizenship.28 Other factors,
like disruptions to normal birth registration, can also make it difficult for children to be allocated a citizenship. This might happen in the context of war,
migration or epidemic, for example.
People can also become stateless as adults. For example, when a person’s
State of citizenship ceases to exist or changes in form, s/he may find her/imself
outside citizenship frameworks. Widespread instances of this have occured
during periods of decolonisation (e.g. the ending of the British Empire and the
USSR), with effects that are still being felt.29 The recent splitting of the State of
Sudan is now also making it difficult for some people to assert a citizenship.30 In
some countries people may have their citizenship removed, or renounce their citizenship voluntarily. Consider the case of the Dominican Republic, where
persons identified as having Haitian heritage had their formal citizenships
removed. This shows how administrative status interplays with existing systems
of prejudice and constructions of entitlement.
The Dominican Republic shares the Caribbean island of Hispaniola with
Haiti. The two States have a complex and intertwined history of colonisation,
slavery and war, and of repressive dictatorships in both countries. In 2013, the
Constitutional Court of the Dominican Republic ruled to uphold a Constitutional
amendment to, as one commentator has described it, ‘revoke the citizenship
rights of children born to undocumented immigrants in the Dominican Republic
(who are predominantly of Haitian origin).’31
Haitian migration to the Dominican Republic has a long history, from those
moving to work in the sugar industry in the twentieth century to those who fled
the dictatorship in the 1970s and 1980s. In 2010, Haitians again fled to the
Dominican Republic and elsewhere to escape the after-effects of a major earthquake.32 There has long been discrimination in the Dominican Republic against
people who, because of their darker complexion, are seen as being of Haitian
28 For example, consider the case of Daniella, born to Cuban parents in South Africa, and after over
eight years at the time of writing still unable to make use of a citizenship. Liesl Muller (2016)
‘South African courts confirm the right to nationality of a stateless child – 20-year-old legal principle protecting steels children is finally implemented’, European Network on Statelessness 13
September
2016
www.statelessness.eu/blog/south-african-courts-confirm-right-nationality
stateless-child-20-year-old-legal-principle (accessed 4 April 2017). Despite the positive decision
described in this post, at the time of writing, Daniella has still not acquired a passport.
29 See for example, Bronwen Manby (2009) Struggles for Citizenship in Africa, Zed Books.
30 See for example, Mike Sanderson (2014) ‘Key Threats of Statelessness in the Post-Secession
Sudanese and South Sudanese Nationality Regimes’, Open Research Exeter, University of
Exeter.
31 Jillian Blake (2014) ‘Haiti, the Dominican Republic, and Race-based Statelessness in the
Americas’, Georgetown Journal of Law and Modern Critical Race Perspective 6, p. 141.
32 Blake 2014 ibid. p. 147.