1.6.1 Ongoing and Emerging Challenges
National security has emerged as a major source of denationalization
across several countries. To date, however, scholarship and advocacy
have largely centred on Europe, North America, and Australia.
In Chapter 10, Seet reveals that the Asian region has not been immune
to this issue. His important contribution studies the de facto denationalization of hundreds of Indonesian citizens who were subject to exclusion
orders and prevented from returning from Syria. As Seet notes, denationalization is not new. What is new is its deployment as a counterterrorism measure; stripping alleged terrorists of their citizenship facilitates their deportation to their other state of nationality and legally
grounds the state’s refusal to re-admit alleged ‘foreign terrorist fighters’
who had left the jurisdiction to join armed causes abroad. Seet’s study of
Indonesia shows that while counter-terrorism citizenship-stripping
measures exercised by Western liberal democracies may have a racially
discriminatory bent, the practice of a Muslim-majority state in Asia
refusing to repatriate Muslim individuals provides a fresh lens through
which to consider the prospect of de facto denationalization as a tool for
national security. Indeed, while citizenship had largely been regarded as
encompassing the right to enter one’s country of citizenship, such exclusion orders demonstrate the ever-omnipotent power of the state to
exclude even their citizens on the grounds of public interest and national
security. In another form, while only on a temporary basis, the exclusion
of nationals from entering their countries of citizenship during the
Covid-19 pandemic is another demonstration of this persistent sovereign
power of the state to control their borders and to denude the quality of
citizenship, rendering some temporarily but effectively stateless.125
1.6.2 Approaches to Addressing and Resolving Statelessness across
the Region
Many contributions in this volume ask critical questions about how the
problem of statelessness in Asia – or perhaps more appropriately, the
125
On the temporary exclusion of citizens during the Covid-19 pandemic see Olivera Simic,
‘Australia, Covid-19, and the India Travel Ban’ (2021) 9(2) Griffith Journal of Law &
Human Dignity 35. For information about the impact of Covid-19 on stateless persons
see also Institute on Statelessness and Inclusion, ‘Statelessness in a Global Pandemic’
(Impact Report, 2020) <https://files.institutesi.org/Covid19_Stateless_Impact_Report
.pdf> accessed 18 September 2023.
https://doi.org/10.1017/9781009399555.003 Published online by Cambridge University Press