Key Reflectionns
•
Statelessness faced by minorities is the result of deliberately discriminatory state policies,
legislation and practices. The response to such discrimination must be multi-pronged, from
direct lobbying and advocacy at the Government level to awareness raising and activism at the
community level.
•
Individuals, who were once considered citizens, are being labelled as migrants to exclude them
from access to rights and this is an increasingly worrying trend.
•
Discrimination against minorities has been recognised as a main cause of statelessness yet in
spite of this, it continues to be perpetuated in all situations related to statelessness, including
where individuals face difficulty in accessing rights despite having finally obtained their
nationality.
•
State accountability must be more effectively addressed and perpetrators from the top to the
bottom must be held accountable for their actions.
•
We must prioritise the protection and safety of the Rohingya in all repatriation efforts.
In addition to these Grand Challenges Sessions,
other panels dedicated to other themes often
heavily touched on discrimination as well. While
there are a variety of circumstances that give
rise to statelessness at birth or later in life, there
is most often an element of discrimination and/
or arbitrariness at play, when individuals or entire
groups become stateless. This affects the Bidoon in
Kuwait, Palestinians and Roma in Europe, certain
groups within India as well as people of Indian origin
in neighbouring states, among others. Discrimination
and arbitrariness can manifest itself in an obvious,
aggressive and even persecutory manner, such
as when large communities are deprived of their
nationality based on ethnicity or religion. These
ideas were explored in the session “The nationality
and statelessness of nomadic people” where the
theoretical and conceptual problems of nationality
and statelessness were discussed through the
framework of a comparative research project on
nomadic peoples carried out by the Peter McMullin
Centre on Statelessness. In the session “The child
as ‘other’: Challenging context for ensuring the
child’s right to nationality”, the speakers considered
that childhood statelessness is extremely complex,
especially when their statelessness cannot
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be resolved simply through law reform as they are
labelled as ‘other’ and treated as such from birth.
Discrimination can also be more subtle and latent,
such as the failure of states to prioritise legal
reform that would plug gaps in the law which could
cause statelessness. The panel on “A fresh look at
international and regional frameworks and standards”
saw international and regional frameworks
and standards being discussed. This included
contributions on the International Convention on the
Elimination of Racial Discrimination by Timnah Baker
and discrimination under the European Convention
on Human Rights by Caia Vlieks.
The Conference’s workshops on “Strategic litigation”
and “Legal assistance as an approach to addressing
statelessness caused by discrimination” looked
at how discrimination against minorities, which
causes statelessness, can be challenged and
addressed through litigation and legal assistance;
and the conference’s interactive art programme,
the CANCELLED experiment, looked at identity
that exists at the exclusion of others, discussing the
politics of identities that are defined by cancellation
in their session CANCELLED: Identity.