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C. FAULKNER AND S. SCHIFFER
protection from their country of origin, stateless persons lack the very essence of citizenship
– ‘the right to have rights’ and the basic recognition and rights afforded to a state’s citizens
(Bradley, 2014, p. 111; Kesby, 2012). Unsurprisingly, stateless persons are often designated
as one of the world’s most vulnerable populations and attempts at repatriating stateless
refugees are often met with barriers from multiple states.
Estimates in 2017 identified approximately 10 million people as stateless (UNHCR,
2017) with upwards of 1.5 million considered stateless refugees; that is, stateless persons
who fled their self-identified country of origin in search of asylum (Milton et al., 2017).1
To put these numbers in context, nearly two-thirds of the 1.5 million were stateless
refugees from Myanmar residing in Bangladesh, virtually all self-identifying as
Rohingya (UNHCR, 2017, p. 69).2 Given the number of stateless refugees in
Bangladesh and growing concerns over the country’s ability to accommodate such a
large population, questions have continued to arise about their repatriation.3
Unsurprisingly, this has been a complicated endeavour given that the Rohingya,
although having lived in Myanmar for generations, are not deemed citizens and lack
many rights, opportunities and protections, including restrictions on movement within
the country, the inability for more than four people to gather together in one place, and
segregation policies which have limited their access to a variety of services including
government education (Amnesty International, 2017). Further, their historical persecution within Myanmar and concerns about their treatment should they return to the
Rakhine State are ambiguous at best.
The purpose of this paper is twofold. It first aims to define and clarify ambiguities
surrounding stateless refugees. Second, our analysis explores how statelessness can motivate
refugees to stay or go during a repatriation process and how the condition of statelessness
hinders a sustainable refugee repatriation processes. From here, the paper proceeds as
follows. First, we briefly examine the literature on factors contributing to the success or
failure of repatriation efforts. In particular, we examine the principle of ‘statelessness’,
offering a discussion of international legal ramifications resulting from the designation.
We introduce our central argument, which identifies a population’s designation as stateless
as a key inhibitor to the success of repatriation. We probe our argument qualitatively using
an in-depth examination of the repatriation of the Rohingya in the1990s, highlighting how
these efforts parallel the ongoing crisis. We then assess the illustrative case of a (largely)
successful repatriation of the past – the Angolan refugee repatriation of 2002–2005. Though
markedly different, the Angolan case underscores the importance of refugees’ status before
and during repatriation. We conclude with a brief discussion of implications for future
repatriation efforts and broader regional security issues in Southeast Asia.
Literature Review
To date, scholars have given considerable attention to refugee repatriations, often
arriving at varying conclusions as to why some succeed and others fail (Emizet, 2000;
Kibreab, 2003; Chimni, 2004; George et al., 2016; Gerver, 2018). This divergence is
perhaps unsurprising given the challenges that are often unique within cases of refugee
repatriation. For instance, repatriation of refugees to a state still controlled by the very
government responsible for the original crisis (Guatemala late 1980s) may look quite
different from repatriation occurring after a major political change (post-Saddam Iraq)