A Typology of Statelessness
large number of Rohingya were coercively denationalised and expelled from the
territory by the military Government, which was thereby denying its legal
obligation to take legal responsibility for their protection.
Although former Burma (today’s Myanmar) was not a signatory to the 1961
Convention, the military government justified the coercive denationalisation of the
Rohingya in a way that resonates with art 8(3). In arguing that the rapid population
growth of the Muslim population would be a threat to the vital interests of the
country, Burmese and Rakhine leaders appealed to its central provision while
denigrating the Rohingya.125 Yet, as in the case of Shamima Begum, the coercive
denationalisation of the Rohingya was based on their racialisation.
In this Part, I have presented several examples of denigrative statelessness
where the source of legal deprivation is the country of origin. Moreover, I have
suggested that denigrative statelessness is likely to involve the deprivation of
legal, as well as social, recognition. This becomes especially evident in cases of
denationalisation and persecution. Shamima Begum and the Rohingya have not
only been rendered de jure stateless, but they have also been denied the status of
moral equals who deserve to be treated with dignity. Thus, denigrative
statelessness gives a name to the worst cases of statelessness, where someone is at
a great risk of violence by the country of origin.
CONCLUSION
In this article, I have made three arguments. First, I have argued that legal
statelessness can be best understood through the two concepts of responsibility
and recognition. On the one hand, the stateless have no country that effectively
takes responsibility for their protection. On the other, their statelessness is
arguably caused by a combination of legal and social deprivation. Second, I have
identified three different subtypes of statelessness. They derive from the source of
legal deprivation and include voluntary statelessness, structural statelessness and
denigrative statelessness. Third, I have suggested that legal and social nonrecognition do not necessarily coincide in the case of voluntary and structural
statelessness, whereas they seem closely intertwined in the case of denigrative
statelessness. A comprehensive response to statelessness must address the latter
problem. I hope that the formal typology of statelessness developed here can offer
a helpful framework for such an endeavour.
125 ibid 456.
255