By-passing state power and neutralising state bureaucracies 49
renewed focus within the organisation (Seet 2016). In 1995, the UN General
Assembly formally entrusted the UNHCR with a global mandate to ‘identify,
prevent and reduce statelessness and protect stateless persons.’23 Specifically,
the UN General Assembly (UNGA) requested UNHCR to ‘provide relevant
technical and advisory services pertaining to the preparation and implementation of nationality legislation.’24 As such, UNHCR had a mandate to protect
stateless persons, but the focus of that mandate was to provide technical legal
assistance to states in order to prevent statelessness.
This technical assistance was conceived of as ‘non-political’ (UNHCR
2013) and hence should not undermine the sovereignty or self-determination
of new states. Statelessness approaches accordingly focused on the coordination between nationality laws, attempting a careful balance of advising states
how to tweak their nationality laws to reduce statelessness. Stateless people
were perceived to fall between the gaps between nationality laws (Kingston
2013; Seet 2016). Meanwhile, the role of states in producing ‘bureaucratic
ethnic cleansing’ through their citizenship frameworks was approached with
caution (Hayden 1996). The focus of this technical legal expertise was on
state recognition of new citizens and the provision of formal legal status,
and thus approaches were predominantly focused on making sure nobody
fell outside the international filing system of nationality and ensuring that
all populations were visible and legible for effective governance in the new
states and internationally. Statelessness scholars have described this period
as one in which statelessness was largely approached as a ‘technical problem’ requiring technical legal solutions, rather than as a fundamental human
rights issue (Spiro 2011; Foster and Lambert 2016). This approach also characterised UNHCR’s initial approach to Rohingya citizenship in Myanmar in
the 1990s which remained reverential to Myanmar’s sovereignty (see, e.g.,
Zaw Min Htut 2003). Rohingya statelessness was approached not as an issue of citizenship stripping but rather as one in which they needed more state
registration to lift them out of a state of invisibility to the state in order to
be set on a trajectory from statelessness towards citizenship, as explored in
Chapter 8 (ibid.). Many Rohingya contrastingly argued that state registration
and documentation from the 1990s onwards had set them on a trajectory
from citizenship towards statelessness, as explored in detail in Chapter 7.
The rediscovery of statelessness
The 2010s also saw the further revival of statelessness as an issue internationally. In 2011, UNHCR prioritised statelessness as a ‘budgetary pillar’
(Kingston 2013:74). State commitments to international legal frameworks
relating to statelessness increased, marked by a UNHCR Ministerial Meeting on statelessness in 2011 (UNHCR 2014). Statelessness also became an
increasing focus for international NGOs, with several organisations established that were dedicated to the issue of statelessness (Kingston 2013). This
growth in interest in the topic during this period has been described as the