2019
Statelessness & Citizenship Review
1(2)
international investors such as the Tokwe Mukosi Dam in Zimbabwe have
displaced tens of thousands and destroyed existing housing, although it is
difficult to say who among the displaced is stateless or at risk of statelessness. 89
In Turkey, the state has failed to respect and protect Roma from forced evictions
and housing destruction to make way for urban renewal projects undertaken in
public-private partnership. 90 In Cambodia, ethnic Vietnamese face evictions
carried out by groups of citizens, along with those performed jointly by the state
and private developers. 91 In some regions of the country ‘evictions occur through
private sector mechanisms and development projects which displace entire
waterside communities’ 92 made up predominantly of ethnic Vietnamese who are
stateless or at risk of statelessness.
Following the violation of their right to adequate housing by private
individuals or collective entities, stateless persons are often unable or unwilling
to seek legal remedy. This may be due to fear of further persecution by the same
actors following state ambivalence or additional oppression by the state after
identifying themselves and their place of residence, as they may now be subject
to arbitrary arrest and detention. While this inability or unwillingness varies by
location, it is understandably more prevalent in locations where statelessness is
widespread and groups face systematic denials of their right to a nationality, as
opposed to locations where statelessness occurs on a more individual basis. The
Bidoon of Kuwait are one such group that face state persecution, although not
necessarily for having availed themselves to its protection following violations
of the right to adequate housing; rather they live under ‘self-imposed house
arrest’ 93 for fear of detention upon leaving their homes. 94 But states’ obligations
towards stateless persons go beyond simply avoiding direct obstruction and
preventing others from interfering with the enjoyment of their rights.
C
The Obligation to Fulfil
States also have obligations to fulfil the right to adequate housing for all persons
on their territories by adopting positive legislative, administrative, judicial and
promotional measures. As CESCR General Comment 4 notes, these changes in
policy and administration should target disadvantaged groups and provide them
with some degree of priority consideration. 95 The Special Rapporteur on
Adequate Housing has also noted that:
[S]ome differential treatment or special measures [may be necessary] in order to
obtain substantive equal treatment, putting all members of the community on an
equal footing. States are required to take affirmative action to attenuate or
89
90
91
92
93
94
95
‘Homeless, Landless, and Destitute: The Plight of Zimbabwe’s Tokwe-Mukorsi Flood
Victims’, Human Rights Watch (online, February 2015).
Karan (n 84) 14.
Laurie Parsons and Sabina Lawreniuk, ‘Seeing Like the Stateless: Documentation and the
Mobilities of Liminal Citizenship in Cambodia’ (2018) 62(1) Political Geography 1, 8.
ibid.
Bedoons of Kuwait Report (n 79).
United Kingdom Home Office, Country Information and Guidance Kuwait: Bidoons
(Country
Policy
and
Information
Notes
Version
2.0,
July
2016)
<https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_d
ata/file/566157/CIG_-_Kuwait_-_Bidoons.pdf>.
General Comment No 4, UN Doc E/1992/23 (n 9) 117 [11].
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