UNHCR, Statistical Reporting, and the Representation of Stateless People
89
may be formed. In the cases discussed, we note how statist and technocratic biases
have privileged national sources as “reliable,” even as some states have engaged in
efforts to redefine membership based on exclusive understandings of nationality.
Such biases are not new: As Dunlop recorded almost ten years ago, the use of resultsbased management tools favored states over other beneficiaries, above all those who
fell under its protection mandate.86 In addition, UNHCR’s tendency to limit
reporting on statelessness to de jure stateless populations – until very recently –
may have encouraged a process of methodological revisionism where the numbers
of stateless people in need of protection were rounded down. Narrowing legal
definitions logically leads to undercounting.
As argued earlier, it is potentially a fallacious assumption that individuals and
groups that may be experiencing persecution from a particular state and may have
had their nationality withdrawn should then have their claims affirmed by the state
in question. It is perverse to suggest that such states might be called upon to record
the presence of these stateless people and remedy their situation. Even when states
have grappled with the issues of statelessness and demonstrated a commitment to
examine claims, a heavy evidentiary burden still falls on individual applicants. Even
though statelessness determination procedures were introduced in the United
Kingdom in 2013, additional rules have been designed that disadvantage applicants.
In 201987 and again in 2020, the UK Immigration Rules were amended to include
further requirements, such as the obligation to obtain a residence permit in the
United Kingdom. The new rules still require a stateless applicant to have “sought
and failed to obtain or re-establish their nationality with the appropriate authorities
of the relevant country.”88 As the case studies of the Kashmiri children and Teh
record, seeking status on the basis of a claim to being stateless is far from
straightforward.
How UNHCR identifies those under its statelessness mandate remains contentious. As recorded earlier, there was a tendency to take large numbers of people out
of the category of statelessness by excluding de facto stateless individuals. Now, there
is a shift to aggregate de jure and de facto stateless people as well as those with
indeterminate nationality. While this might make reporting simpler, it does not
inform our understanding of why these people are stateless and how their plight may
be corrected.
There are many broader possible explanations for UNHCR’s attachment to such
practices, which complement Reichel’s notion of normative path dependency
86
Dunlop, Indications of Progress.
See House of Commons, “Statement of Changes in Immigration Rules” (October 24, 2019),
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/
file/841772/CCS001_CCS1019317048–001_Statement_of_changes_in_Immigration_Rules_
Text.pdf.
88
See “Immigration Rules Part 14: Stateless Persons” (June 4, 2020), www.gov.uk/guidance/
immigration-rules/immigration-rules-part-14-stateless-persons.
87
https://doi.org/10.1017/9781108914994 Published online by Cambridge University Press
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