Panellists discussed how SDG16.9 has resulted in
a new entry point for talking about statelessness,
birth registration and nationality law. Whereas the
terminology of ‘statelessness’ and ‘nationality’ has
historically often led to reticence to engage by
States that view these as sovereign issues, ‘legal
identity’ can be more accepted, and is therefore
an important and useful tool to the statelessness
agenda. Nevertheless, the general ambiguity around
the wording of the target was also discussed and
related to the potential for misuse of the term ‘legal
identity’, with governments approaching it from
a control, rather than rights-based perspective.
Panellists clarified that legal identity is ‘inclusive’ of
birth registration and is not solely birth registration;
but whether the notion of legal identity could also
be understood to include nationality was deemed a
more challenging question. Ultimately, in practice, it
can be more effective to make the wider case that
preventing and resolving statelessness is consistent
with SDG16.9 and ‘leaving no one behind’, than it is
to urge states to include nationality as a component
of legal identity. There was a strong call to action for
actors with expertise on citizenship/statelessness
to engage with the development of digital identity
systems which will be rolled out over the next five
to ten years. The time to be building coalitions and
working towards a rights-based perspective in the
implementation of these systems is now, to ensure
that efforts in pursuit of SDG16.9 do no harm.
Grand Challenge 8
The development legacy
of statelessness
Moderator:
Megan Price
Knowledge Platform
Security and Rule of Law
Panelists:
Dawn Chatty
University of Oxford
Amanda Flaim
Michigan State University
Diana Gichengo
Kenya Human
Rights Commission
Rehana Mohammed
Verite Research
Christophe Sperfeldt Peter
McMullin Centre
on Statelessness/
University of Melbourne
8
The discussion of legal identity was prominent
throughout the Conference, in particular in the
following sessions:
1. ‘Documentation and legal identity formation’
where panelists considered the importance of legal
documents in the context of SDG16.9.
2. ‘Legal identity under rebel governance’ where the
panel explored both legal and political understandings
of the identity of people living within rebel-controlled
areas in civil war. This session followed a two-day
closed-door workshop held in Utrecht in June,
which brought together a group of scholars and was
supported by the Melbourne University Statelessness
Hallmark initiative.
3. ‘Citizenship in unrecognised states’ where the
panel discussed the issue of obtaining a nationality
in unrecognised states and the numerous problems
associated with this.
“Discussions are mostly state-centric,
how should we help individuals and those
from non-recognised states?”
Ramesh Ganohariti
Leiden University
Another question that is prompted by the Sustainable Development Agenda’s
aim to “strive for a world that is just, equitable and inclusive” is what inclusive
development means and what is needed to achieve it, in the context of
statelessness. This was the focus of Grand Challenge 8 ‘The development
legacy of statelessness’. Encouraging the participants to question whether there
are viable models for development operating outside the framework of the nation
state, the speakers questioned how we reach people who are not recognised by
states when applying a development agenda in a state-centric world. They then
discussed how to get statelessness on the agenda of the major development
actors, problematising the approach by discussing how these actors may be
exacerbating the problem by campaigning to secure nationality for stateless
persons but not adequately addressing access to social welfare needs, for
example to education and healthcare. They may remain inaccessible due to the
structural barriers these communities face when stateless and possibly even
after securing nationality. In these circumstances, the acquisition of a nationality
may not be enough to improve the quality of life of those who are, or have
been, stateless. The long enduring legacy of statelessness was considered with
the example of Sri Lanka and the ‘Hill-Country Tamils’ who continue to face
structural discrimination and disadvantage today as a result of the enduring
effects of statelessness.