Statelessness Working Paper Series No. 2015/04
The reasons for this are varied, however discrimination against the Vietnamese as a minority is said to
be a prominent cause of barriers21.
Whilst it is important to spell out the threat of statelessness faced by the Vietnamese in Cambodia,
my intention is to provide a nuanced perspective of the lives of the children themselves to illustrate
the ways that they have come to enact an alternative citizenry despite their uncertain status. In so
doing the normative discourse around nationality being the bedrock of civic activity is not only
challenged, but broadened to include the voice and acts of those who otherwise are not recognised.
3. Rethinking speech and the politics of recognition through Acts of Citizenship
The juridico-philosophical discussion regarding statelessness identifies it with voicelessness.22
Populations who face either de jure statelessness23 or have undetermined nationality are
‘dehumanised’ and denied supposedly inalienable rights.24 Perceivably rendered to ‘bare life’,25
stateless populations lack access to rights, therefore legal advocates work towards the durable
solution of creating a legal bond between a person and a state. Ensuring citizenship as legal status is
often seen as an essential element to ensuring meaningful enjoyment and inclusion in other distinct
dimensions, for instance citizenship as rights, political participation, and as identity.26 Exclusion from
this legal experience of citizenship, it has been argued, reduces any actions taken by individuals to be
included as meaningless. The rationale behind such arguments stem from the idea that the stateless
without ‘protection statuses’ not only lack civic rights, but the ‘right to have rights’27 - “the deprivation
of a place in the world which makes opinions significant and actions effective”.28 What makes speech
and actions meaningful are their ability to make a difference,29 and in order to make a difference one
must have an ability to be heard. Following this rationale, citizenship as legal status enables political
participation and a claim to rights which are reserved for those who belong as citizens. In the words
of Parekh, the logic then follows that
without the capacity to form meaningful opinions, one cannot be part of the political realm. For
Arendt, following Aristotle, this is to be deprived of my very humanity. Speech, action and opinion
are intimately bound up with not only our humanity, but also with the constitution of ourselves as
individuals.30
In the discourse surrounding statelessness, meaningful speech is usually identified by its overt political
nature - speech that is recognised by authorities who then answer and act upon what has been said
21R
Amer, ‘Domestic Political Change and Ethnic Minorities'(n 13); Tarr (n 13); Berman (n 14).
H Arendt, ‘“The Decline of the Nation-State and the End of the Rights of Man”’, The Origins of Totalitarianism (Meridian
Books 1951); D Tubb, ‘Statelessness and Colombia: Hannah Arendt and the Failure of Human Rights’ (2006) 3 Undercurrent
40; P Hayden, ‘From Exclusion to Containment: Arendt, Sovereign Power, and Statelessness’ (2008) 3 Societies Without
Borders 248; UNHCR, ‘UNHCR Statement: Stateless and Voiceless in the EU’ (No Hate Speech Movement, 2014)
<http://blog.nohatespeechmovement.org/unhcr-statement-stateless-and-voiceless-in-the-eu/> accessed 3 September
2015.
23 “A person who is not considered as a national by any State under the operation of its law”, Article 1 1954 Convention
Relating to the Status of Stateless Persons.
24 H Arendt, The Origins of Totalitarianism (Meridian Books 1971).
25 G Agamben, Homo Sacer: Sovereign Power and Bare Life (Stanford University Press 1998).
26 L Bosniak, ‘Citizenship Denationalized (The State of Citizenship Symposium)’ (2000) 7 Indiana Journal of Global Legal
Studies 447.
27 Arendt, ‘“The Decline of the Nation-State and the End of the Rights of Man”' (n 22).
28 Arendt, The Origins of Totalitarianism (n 24) 296, quoted in Serena Parekh, ‘Hannah Arendt and Global Justice’ (2013) 8
Philosophy Compass 771, n 44.
29 Isin (n 9).
30 Parekh (n 28) 48.
22
3