2020
Statelessness & Citizenship Review
2(1)
they retain the physical capacity to move, they usually lack the legal, and often
social, rights to do so. 11
There are clear patterns in who must find their way around rather than through
borders and who can only enter as labourers through systems in which their
situation is deliberately made precarious. There are states willing to extract the
labour of people whose inclusion they remain determined to bar. These migrants
belong to groups whose exploitation is normalised to the point of regularised
invisibility, justified as inevitably preferable to whatever other alternatives might
be available to them.
More generally, it is essential to recognise that enslavement, historically and in
the present, is not a radical exception. Indeed, it is such a constant feature of human
history that it is its eradication or relative transformation that requires explanation.
While contemporary abolitionists distinguish what is transpiring now from the
‘old slavery’, the trans-Atlantic slave trade was quintessentially modern. Before
it, the enslaved were always foreigners or the conquered, but they were also
multiracial and multinational. Indeed, what divided pre-trans-Atlantic models was
whether the places practicing enslavement were full-fledged empires, seeking to
offset the costs of perpetual war in ways that made slavery central to their political
economy, or whether their battles were local and sporadic, producing slaves that
played at best auxiliary roles in the conquering society.
This longer view offers models of when who became a slave really was more
contingent; how the foreignness of the slave was defined and made meaningful;
the difference the labour of slaves made to the conception of their status; and how
enslavement became fundamentally racialised and remade to foster capitalist
forms of economy and then hybridised to reflect neoliberal, globalised ones.
Such a lens makes clear that slavery today remains racialised in ways
inaugurated in the trans-Atlantic world through colonisation and enslavement.
What has changed is that discrete forms of racialisation internal to parts of Africa,
the Americas, Asia, the Middle East and Europe, and centred around bodies of
water beyond the Atlantic have come together into the most global convergence
we have yet seen. Under these circumstances, some members of a denigrated
group may not be recognised as such beyond national or regional borders where
those differences are salient. For others, they seem to bear marks of misfortune the
world over. This is particularly the case for African-descended and Indigenous
peoples. 12
As a human institution — that is thoroughly corrosive of human relations —
enslavement inevitably reflects and expresses geopolitical economic
circumstances that are anchored in accretions of historical relations that birthed
the shape of the present. Just as it would be a mistake to treat enslavement today
as a complete break from the past, it would be a major intellectual and political
error to conclude that slavery could not continue after its decisive trans-Atlantic
moment.
With statelessness, many who do not work in this area associate it primarily
with the conditions of World War II that inspired the creation of the 1954
Convention relating to the Status of Stateless Persons and the contemporary
11
12
See Gargi Battacharya, Traffick: The Illicit Movement of People and Things (Pluto 2005).
See Jonathan Todres, ‘Law, Otherness, and Human Trafficking’ (2009) 49(3) Santa Clara
Law Review 1; Sarah Deer, The Beginning and End of Rape: Confronting Sexual Violence in
Native America (University of Minnesota Press 2015) ch 5.
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