3
By-passing state power and
neutralising state bureaucracies
in international approaches to
statelessness
Introduction
In Chapter 2, I explained how my analysis would focus on both the narratives of Rohingya participants and key human rights texts that outline policy approaches. This dual approach enables me to identify where Rohingya
framings of their statelessness as state crime diverged from existing dominant
approaches to statelessness. In this chapter, I explore some of those texts,
including the mandates and action plans of UN and other international and
development agencies working on issues related to the right to nationality,
the right to identity, and statelessness.1 I also supplement the analysis with
critiques from within statelessness studies, an emerging critical and interdisciplinary field (Recalde-Vela, Jaghai-Bajulaiye et al. 2019).
The purpose of this chapter is to provide some context on how ‘the state’
and ‘the stateless person’ have been constructed within global governance
agendas on nationality and statelessness.2 It considers first how approaches to
statelessness evolved in ways that largely by-pass the issues of states’ central
roles in producing and reproducing statelessness and state crime. It considers how archetypal notions of the ‘stateless person’ as invisible to states and
international bureaucracies have emerged, shaping policies that approach
statelessness as a result of state oversight rather than state crime.
In this chapter, I understand statelessness as both a legal/bureaucratic
category and an evolving discursive concept within global governance that
interacts with policy at the international and national levels. More than a
technical legal category, and relating to more than a set of policies, statelessness as a discursive concept relates to a system of knowledge and communication imbued with power which shapes social practices and constructs the
way people experience the world. The term ‘stateless’ also sets the parameters
of policy discussions and profoundly influences international policy recommendations and action plans (Fiddian-Qasmiyeh 2016). Discursive concepts
such as ‘stateless’ embody both power relations and subjectivities—as such,
they are sites of both domination and resistance (Wetherell 2001; Jørgensen
and Phillips 2002). To explain that in more concrete terms, Rohingya narratives throughout this research referred to statelessness not simply as a
DOI: 10.4324/9781003494539-3
This chapter has been made available under a CC-BY 4.0 license.