UNHCR, Statistical Reporting, and the Representation of Stateless People
83
Moreover, in many countries, stateless persons live precariously on the margins of
society because they lack identity documents, are illegally in the territory, or are
subject to discrimination. They therefore may be reluctant to come forward to be
counted, or to reveal their personal circumstances, because of concerns that such
information may be used against them. Indeed, history shows that population data
has even been misused in certain countries in the past to render certain groups
stateless through denationalization.64 Unfortunately, contrary to UNHCR’s assumptions, testimonies of stateless people record that states have repeatedly dismissed
these criticisms.
Here are two cases from the United Kingdom, a country that, both before and
after the introduction of statelessness determination procedures, has proven reluctant to allow some long-standing citizenship claims deriving originally from the
colonial period. There are six different classes of British nationality, offering more or
fewer civil and political rights. In 1948, the United Kingdom introduced a new law
to address its evolution from an imperial system to a commonwealth of independent
states. The Commonwealth Heads of Government agreed that each member would
adopt their own national citizenship, while the status of “British subject” would
continue, as a supranational category.65
On January 1, 1949, the United Kingdom established the status of Citizen of the
United Kingdom and Colonies (CUKC). Until the early 1960s, there was little
difference in UK law between the rights of CUKCs and other British subjects, all
of whom enjoyed the right to enter and remain in the United Kingdom for work or
family life. However, in many parts of the Commonwealth, newly independent
colonies introduced nationality provisions that withdrew CUKC status, unless the
person had a connection to the United Kingdom or a remaining colony (e.g.,
through birth in the United Kingdom). There were some important exceptions.
For example, CUKC status was not withdrawn from the Crown colonies of Penang
and Malacca that were integrated into the Federation of Malaysia in 1957. Hence,
hundreds of thousands continued to enjoy the dual status of CUKC and citizen
of Malaysia.
Over the following fifty years, the UK government legislation reduced the rights of
former imperial subjects and established a multitiered approach to UK citizenship,
which over time disadvantaged those born outside the British Isles and gradually
restricted the rights to enter, work, and settle in the United Kingdom to a minority of
former subjects. Specifically, the 1971 Immigration Act introduced the concept of
patriality, by which only British subjects with sufficiently strong links to the British
Isles (e.g., being born in the islands or having a parent or a grandparent who was
64
65
Ibid.
The meaning of “British subject” changed radically in 1948. All those who were British subjects
became CUKCs (Citizens of the United Kingdom and Colonies) in 1948; and the classification
of British subject was then demoted to become an umbrella term used for everyone who had
some sort of UK connection.
https://doi.org/10.1017/9781108914994 Published online by Cambridge University Press
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