problem of citizenship126 – should be approached and addressed.127
A traditional emphasis in the field of statelessness has been on law
reform, including by bringing national laws into closer alignment with
international frameworks and standards.128 In a regional context, where
only a few states have ratified the statelessness conventions, the
Philippines is often hailed as an example to challenge ‘Asian
exceptionalism’. Drawing on first-hand observations, Temprosa, in
Chapter 13, chronicles and analyses the Philippines’ ratification process,
exploring how states can be persuaded to ratify these international
treaties. He reveals that ‘states ratify human rights treaties on rationalist
and non-rationalist (but not necessarily irrational)’ grounds. While
drawing some cautionary lessons, Temprosa argues that ‘other Asian
states could learn from the challenges that the Philippines had faced or
is currently facing in the signature, ratification, and implementation of
the Statelessness Convention, or at least, in putting up a regime of laws
that protect stateless persons’.
Yet, a study of statelessness in Asia clearly shows the limitations of
approaches solely focused on law reforms. If we recognize that the
phenomenon of statelessness in Asia is one of law and practice, intersectional in nature and frequently marked by discriminatory practices, we
quickly realize that attempts to address statelessness require much
broader, deeper, and context-specific strategies than are currently envisaged at international levels. Responses need to consider the root causes of
social exclusion and statelessness and tackle the politics behind these
processes. This will not only involve careful engagement with Asian
states’ concerns with respect to the inclusion of particular groups, but
also listening to the voices of stateless people themselves.
In Chapter 11, Kyaw deeply engages with the politics of Rohingya’s
exclusion from citizenship in Myanmar, showing how fundamental
changes in the political landscape – such as the 2021 coup – can both
complicate attempts at resolution but also open up new opportunities.
126
Tendayi Bloom and Lindsey N. Kingston (eds), Statelessness, Governance, and the
Problem of Citizenship (Manchester University Press 2021).
127
See also Nick Oakeshott, ‘Solutions to Statelessness in Southeast Asia’, in Laura van
Waas and Melanie Khanna (eds), Solving Statelessness (Wolf Legal Publishers 2016); and
UNHCR, Good Practices: Addressing Statelessness in South East Asia (Report of the
Regional Expert Roundtable 2010).
128
Alex Paxton, ‘Finding A Country to Call Home: A Framework for Evaluating Legislation
to Reduce Statelessness in Southeast Asia’ (2012) 21(3) Pacific Rim Law & Policy Journal
623.
https://doi.org/10.1017/9781009399555.003 Published online by Cambridge University Press