However, although statelessness may result from migration, many people
on the move are already stateless before they even cross a border. The
experience of the stateless resident differs from that of the stateless
refugee. On the one hand, in situ stateless persons will be located within
existing communities, which may allow for a degree of social and familial
stability in their every day life. In contrast, stateless refugees are displaced
from their homes and may experience serious threats to their physical
existence and well-being. On the other hand, in situ stateless persons
tend to be overlooked by the state and international organizations, and
therefore may experience chronic and long-term disabilities with no
prospect of improvement in their status and conditions. In contrast,
stateless refugees may receive assistance from the UNHCR or other
international organizations, and have some prospect, in the long run,
of rectifying their stateless status with that assistance. Accordingly, there
is a need to look at statelessness outside of the refugee/forced migration
context as a distinct area of study.
This book is the first to focus on statelessness in Asia. The various
chapters employ case studies in Asia to highlight the causes, conditions,
and/or challenges of statelessness. The causes of statelessness are varied,
context-specific and interconnected. Some common causes transcend
regions and can be almost seen as a universalizable phenomenon, but
others are more specific due to the historical, social, and cultural contexts
of the particular area. Thus, while some common causes of statelessness
in Asia are not region-specific, such as inadequate legal frameworks,
weaknesses in civil registration systems, lack of protections for migrants
and mobile lifestyles, others like ethnic or national discrimination,
gender discrimination, and colonial legacies may be more particular.17
In approaching statelessness as a multifaceted phenomenon, this book
centres the person as a legal subject of statelessness as well as a social and
political subject whose experiences are conditioned by their legal status.
We shed light on the co-constitutive relationship between one’s legal
status and one’s social-political conditions. For instance, one’s stateless
legal status could give rise to discrimination and marginalization, while at
the same time, status as a member of a marginalized and discriminated
group further perpetuates the resistance towards granting citizenship.
More often than not there are clear links between the individual and their
17
Christoph Sperfeldt, ‘Legal Identity and Statelessness in Southeast Asia’ (2021) 147 Asia
Pacific Issues 1 <www.eastwestcenter.org/publications/legal-identity-and-statelessnessin-southeast-asia> accessed 12 September 2023.
https://doi.org/10.1017/9781009399555.003 Published online by Cambridge University Press