Taking Statelessness Seriously
residence and membership, but the paradigm of original membership remains. But
another paradigm also operates here — the paradigm of forced displacement, as
opposed to voluntary movement: the refugee is someone who has been forced to
leave their original state because of persecution.
While it may seem obvious that the stateless do not fit into the first two
paradigms of original membership and voluntary movement, it is the fact that they
do not fit into the third paradigm of forced displacement that is perhaps the most
important feature. The temptation is to think that, while the stateless are not
included within the political theory of voluntary migration, they must be covered
by the political theory of forced displacement, and so our extensive discussions of
refugees and issues of asylum and protection need only be tweaked here and there
to include them. This, I suspect, was my frame of mind as I prepared for the
Barcelona conference.
However, it does not take long to realise that statelessness is a distinct issue
from forced displacement in that many of the most problematic case studies of the
former have nothing to do with the latter. The most dramatic example is, of course,
the Rohingya of Myanmar. While vast numbers of the Rohingya have been
forcibly displaced from Myanmar, 4 their statelessness was not caused by that
forced displacement — it pre-dated it and indeed we might consider the causality
to be the other way round to some extent. 5 A case study I discussed with my
students was that of the ‘Hill Tamils’ of Sri Lanka, a population of around 168
000 people rendered stateless when Ceylon became independent in 1948. 6 The
new citizenship laws required that those born before independence prove that two
generations of their families were born within the territory, plus a period of 10years uninterrupted residence accompanied by an income requirement — laws
specifically designed to target the Hill Tamils amongst others. 7 Another example
is the Karana in Madagascar, with a population of around 20 000, present for more
than a century, but with a significant portion of stateless persons. 8 The Karana
were not given citizenship on independence in 1960 because they were not
considered to be ethnically Malagasy, and attempts by individuals to obtain
citizenship were generally unsuccessful. 9 There are similar examples of the
Makonde and the Pemba in Kenya, of people in a condition of statelessness within
the state they were born in and their parents were born in — their statelessness is
not caused by forced displacement, and has only a tenuous connection with
migration. 10
4
United Nations Office for the Coordination of Humanitarian Affairs, ‘Rohingya Refugee
Crisis’ (March 2019) <https://www.unocha.org/rohingya-refugee-crisis>.
5
Amal de Chickera, ‘Statelessness and Identity in the Rohingya Refugee Crisis’ Humanitarian
Practice Network (October 2018) <https://odihpn.org/magazine/statelessness-identityrohingya-refugee-crisis/>.
6
United Nations High Commissioner for Refugees, Good Practices Paper — Action 1:
Resolving Existing Major Situations of Statelessness (Good Practice Paper, 23 February 2015)
<http://www.refworld.org/docid/54e75a244.html>.
7
For a discussion of the Hill Tamils, see United Nations High Commissioner for Refugees,
Resolving Existing Major Situations of Statelessness (Good Practice Paper, 2014)
<www.refworld.org/pdfid/54e75a244.pdf.>.
8
United Nations High Commissioner for Refugees, ‘This Is Our Home’ — Stateless Minorities
and
Their
Search
for
Citizenship
(Report,
November
2017,
<www.unhcr.org/ibelong/stateless-minorities/>.
9
ibid.
10 See generally ibid.
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