Exploring the Interaction Between Statelessness
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the overall methodological framework is broader in application and can be
adapted to other domestic contexts. Without attempting to comprehensively
address all aspects of the project, this article discusses the main steps, considerations and decisions in the development of the research methodology
and offers an insight into some of the findings from its implementation in the
Thai context.
2
Choosing a Methodological Approach
The logic behind the claim that statelessness heightens a person’s vul
nerability to human trafficking is compelling and includes the following
considerations.5 Firstly, without any nationality, stateless people often face
severe obstacles in access to education, employment, health care, legal remedies, freedom of movement and other basic rights. Armed with the sense that
‘things cannot get any worse’, stateless people will be more likely to take risks
in the hope of improving their lives, including, for instance, enlisting the help
of a broker to migrate and find a job elsewhere. Moreover, since statelessness
can entail a lack of basic identity documents and restricted access to the labour
market, a stateless person is more likely to feel compelled to take such risks. In
effect, regular migration or employment channels are closed to him. Finally,
stateless people are more readily exploitable simply because their overall vulnerability and position makes them less able or willing to make use of the various avenues through which others who find themselves in an exploitative
situation can seek assistance (e.g. through labour standards complaints procedures or criminal prosecution).
A range of approaches could be conceived for the exploration of these
and other potential points of interaction between statelessness and human
trafficking. However, the ultimate aim of the present study was to inform the
design or adaptation of anti-trafficking measures which focus on the
supply end of the trafficking chain: i.e. targeting the population at risk.6
The data collection was directed towards discovering if – and understanding
why – a stateless person is more likely than someone who holds nationality to
fall victim to exploitative practices. This is where, in addition to integrating
5 These comments are based on some of the reasons given by key informants during interviews conducted in the initial stages of the research in Thailand (Bangkok, Chiang Mai,
Pattaya 2013).
6 As opposed to, for instance, changing behaviour at the demand side of the trafficking chain
or developing policy in relation to the prosecution of perpetrators of trafficking.
tilburg law review 19 (2014) 303-312