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NATIONALITY AND STATELESSNESS
ARE NOT “TOO SENSITIVE” TO DISCUSS WITH STATES
Just as statelessness is commonly misconceived as being “too complex”,
it is often equally considered “too sensitive” to discuss, especially with
governments. And while it is true that a thoughtful approach must be considered
when determining the most constructive and impactful way to discuss the issue,
a key takeaway from this project is that there are effective ways to engage state
officials.
In Iraq, a partner organisation facilitated a dialogue between local government
officials and activists to address the challenges faced by nomadic communities
at risk of statelessness, particularly their barriers to accessing education. The
initiative spurred the development of an advocacy document that was endorsed
by local government representatives, including the Director of Education. This
approach was a useful one to pursue, as it helped to bring awareness and led
to constructive dialogue around the issue which may not have been previously
known or understood.
In Pakistan, a local partner took a variety of approaches to engage government
officials. They organised a letter writing campaign from children impacted
by statelessness to a senior government official, which boosted agency and
provided them an opportunity to advocate for themselves. Stateless children
also participated in workshops on self-expression, the content of which was later
transposed into a theatrical performance, which was attended by senior officials.
This approach of using the arts and storytelling to convey the sentiments of
impacted children and to break down difficult conversations often deemed
“politically sensitive” can open doors for further dialogue, rather than shut
them.
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ALTERNATIVE EDUCATION PROJECTS ARE CRITICAL
FOR STATELESS CHILDREN, BUT NEED MORE SUPPORT
In response to the states’ dereliction of duty to ensure equal access to education
for all children within their jurisdiction, local civil society organizations have
been compelled to respond to the educational needs of stateless children. These
organizations are chronically underfunded, given that they generally operate
small community-based initiatives that are either off the radar or ill-equipped
to attract a meaningful share of the large volume of funding being pumped into
the education sector. In addition, such organizations lack the formal recognition
necessary to offer a true alternative to formal public education, because their
programs are not accredited by the state.
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Yet, these organizations are the ones doing the “heavy lifting” to educate
children who are excluded from formal public education systems. As long as
stateless children do not have full and equitable access to education without
disruptions, these organizations ought to be legally recognized and empowered
to offer alternative education. The international community, including donors
and development agencies, should be doing much more to support these
organizations and find ways to ensure that the services they provide can be
accredited.
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ADDRESSING THE NEEDS OF STATELESS CHILDREN
IS KEY IF WE TRULY WANT TO LEAVE NO CHILD BEHIND
As we observed during the global pandemic, learning loss due to inconsistent
schooling significantly impairs the relationship that children have with
education, how they value their studies and their ability to catch up. Frequent
interruptions in schooling are also linked to increased school dropout rates, all
of which are factors frequently experienced by stateless children whose studies
are continually disrupted.
Global efforts to mitigate learning loss since COVID-19 have been focused and
determined. However, the same urgency has not been applied to addressing
the educational disruptions faced by stateless children, despite widespread
commitments to “leave no child behind”. In fact, states have strategically used
the guise of ‘sovereignty’ to justify denying nationality, subsequently leveraging
the status of non-citizen as an excuse to further deprive those rendered stateless
of their human rights. The human rights system has failed to adequately respond
to states’ use of this strategy to deny individuals and communities their human
rights.
State sovereignty cannot serve as a shield for oppression. The right to education
is a human right to be enjoyed by all – including those have been denied
nationality. Unless deliberate action is taken to address the unique challenges
faced by stateless children they will continue to be left behind. The barriers they
face constitute a conveniently neglected crisis, perpetuated not only by states
failing in their obligations to ensure universal access to education, but also by
human rights actors who have conceded too much ground to governments
in determining who deserves access to education. The result is the exclusion
of those who stand to benefit the most - leaving them furthest behind. The
same attention and momentum exerted to address learning loss for children
post-pandemic, must be applied to stateless children who consistently face
disruptions to their studies. Their inability to enrol in school, transition to
higher education and study uninterrupted needs to be met with the same
vigour, otherwise we risk continuing the disenfranchisement of children and
communities.