Part I. Introduction and Context
a nationality, stateless people are deprived of a right to vote and more generally of a
status that is essential and indispensable because of the civil rights that are attached
to it. This question of participatory rights attached to nationality more generally also
comes back in this research, in particular where a closer look is taken at the EU and in
the reflections in Part III.
A final note on the concept of ‘statelessness’ concerns terminology used in this
research. First of all, it should be acknowledged that ‘statelessness’ or ‘stateless person’ as
a legal label may be useful from a legal perspective, but may equally be very problematic
in specific situations. Indeed, some people who are usually ‘labelled’ as stateless, reject
this label:
“Some Rohingya have argued that the term ‘stateless’ influenced popular discourses that
negatively impacted their identity claims, had very little strategic value in terms of social
action or claiming rights, and profoundly impacted international policy discussions about
repatriations and their possible futures in Myanmar. In rejecting the label, participants
demand that the international human rights community recognise the arbitrary deprivation
of their citizenship as an extreme violation of their rights for which the state is culpable.
Further, the label of ‘stateless’ in the countries with the largest Rohingya populations is yet to
be endowed with access to protections, rights, and services.”38
This shows how the label ‘statelessness’ may not always lead to rights and may even have
an adverse effect on a population claiming their rights (as citizens) in a country. In legal
research, nonetheless, it is common to refer to those affected by it as ‘stateless persons’
– following one of the key legal instruments on the matter, the 1954 Convention on
the Status of Stateless Persons (emphasis added). Th is research certainly is a legal study
of statelessness and therefore the choice of using ‘stateless persons’ throughout would
seem straightforward. However, this research does also look ‘outside’ of the legal
sphere, by considering the context and history of norms for instance, and the author
would also hope that it can be used beyond the legal discipline and can be part of a
progressive and multidisciplinary field of statelessness research. Moreover, this study
wants to recognize the very real people that hide behind legal conceptions and norms.
Where possible, those who are affected are therefore referred to as ‘stateless people’,
while recognizing that the label as such may be problematic in some circumstances,
but also aware that there is no real alternative that can be used in a study like this
that is of a legal nature and does not focus on one community exclusively. Only where
necessary, for instance because it concerns strict legal terminology, ‘stateless persons’ is
retained.
38
14
Natalie Brinham, ‘“We Are Not Stateless! You Can Call Us What You Like, But We Are Citizens of
Myanmar!”: Rohingya resistance and the Stateless Label’ in Tendayi Bloom & Lindsey N Kingston
(eds), Statelessness, Governance, and the Problem of Citizenship (Manchester University Press 2021)
339–352, 348.
Intersentia
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