If yes, which rights and why? 41 What measures have been taken at the international
and local levels to alleviate the suffering of stateless persons?42 Attention has also
been paid to the plight facing specific categories of stateless persons such as children43 (persons below the age of 18) and women.44 Research has also grappled with
issues surrounding durable solutions for stateless persons. 45
However, most of the data that has been generated so far has focused on theoretical
aspects. In other words, there are very few works that draw on field work. Granted,
Laura van Waas, ‘Nationality and Rights’, in Brad Blitz and Maureen Lynch, Statelessness and Benefits of Citizenship: A Comparative Study (Geneva: Geneva Academy of International Humanitarian
Law and Human Rights, 2009) at 19-36 at 19-25; Rachel Settlage, ‘No Place to Call Home: Stateless
Vietnamese Asylum-Seekers in Hong Kong’, (1997-1998) 12 Georgetown Immigration Law Journal
187 at 193-198; David Weissbrodt and Clay Collins, ‘The Human Rights of Stateless Persons’, (2006)
28 Human Rights Quarterly 245; Curtis Doebbler, ‘A Human Rights Approach to Statelessness in the
Middle East’, (2002) 15 Leiden Journal of International Law 527.
41
Andrew Brouwer, ‘Statelessness in the Canadian Context: A Discussion Paper’, available at http://
www.unhcr.org/refworld/docid/405f07164.html (accessed: 23 August 2009) at 21-37; Refugees International, ‘About Being Without: Stories of Statelessness in Kuwait’, available at http://www.unhcr.
org/refworld/country,,RI,,KWT,4562d8cf2,47a6eb910,0.html (accessed: 20 August 2009); Ludvig
Beckman, ‘Citizenship and Voting Rights: Should Resident Aliens Vote?’, (2006) 10 Citizenship Studies
153.
42
Refugees International, ‘Nationality Rights for All: A Progress Report and Global Survey on Statelessness’, available at http://www.refugeesinternational.org/sites/default/files/RI%20Stateless%20Report_FINAL_031109.pdf (accessed: 25 August 2009) at 11-16; Robyn Linde, ‘Statelessness and Roma
Communities in the Czech Republic: Competing Theories of State Compliance’, (2006) 13 International
Journal on Minority and Group Rights 341.
43
Jo Boyden and Jason Hart, ‘The Statelessness of the World’s Children’, (2007) 21 Children and
Society Refugees International, ‘Futures Denied: Statelessness Among Infants, Children and Youth’,
available at http://www.refintl.org/sites/default/files/Stateless_Children_FINAL.pdf (accessed: 22
August 2009).
44
The Arakan Project, ‘Issues to be Raised Concerning the Situation of Stateless Rohingya Women in
Myanmar (Burma)’, available at http://www.burmalibrary.org/docs6/CEDAW_Myanmar_AP_Submission-Final-Web.pdf (accessed: 30 August 2009); Alice Edwards, ‘Displacement, Statelessness and
Questions of Gender Equality under the Convention on the Elimination of All Forms of Discrimination
against Women’, available at http://www.unhcr.org/refworld/docid/4a8aa8bd2.html (accessed: 27
August 2009) at chapter four.
45
UNHCR, ‘Evaluation of UNHCR’s Programme to Prevent and Reduce Statelessness in Crimea,
Ukraine’, EPAU/2004/03 (March 2004), available at http://www.unhcr.org/405ab4c74.html (accessed: 18 August 2009); Gabor Gyulai, ‘Forgotten Without Reason: Protection of Non-Refugee
Stateless Persons in Central Europe’, available at http://www.unhcr.org/497099902.pdf (accessed:
28 August 2009) at 29-34; Amnesty International, ‘Nationality, Expulsion, Statelessness and the Right
to Return’, available at http://www.unhcr.org/refworld/country,,AMNESTY,,BTN,4562d8cf2,3b83b6
df7,0.html (accessed: 31 August 2009); Tang Lee, ‘Refugees from Bhutan: Nationality, Statelessness
and the Right to Return’, (1998) 10 International Journal of Refugee Law 118; Sumit Sen, ‘Stateless
Refugees and the Right to Return: The Bihari Refugees of South Asia-Part 1’, (1999) 11 International
Journal of Refugee Law 625. See also Part-2 of Sen’s article in (2000) 12 International Journal of Refugee Law 41.
40
7
OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA
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