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described by German political theorist Hannah Arendt as “the
right to have rights.”19 As numerous scholars have noted, while
statelessness 20 itself is a serious human rights violation, the
condition of statelessness can also leave people vulnerable to
other profound human rights violations.21
Notwithstanding this and despite a renewed focus on
statelessness as a pressing and pervasive global human rights
issue, 22 the international community continues to struggle to
articulate statelessness as a problem significantly animated by
racial and ethnic discrimination. 23 In its 2017 #IBELONG
Campaign report, which focused on discrimination against
minority groups, the United Nations High Commissioner for
Refugees (UNHCR) pointed out that discrimination lies at the
heart of most cases of statelessness; it is both a cause and
consequence of statelessness.24 As another scholar writes, “most
stateless populations lack legal nationality because they are part
of a marginalised group that faces systematic discrimination and
oppression from the start.”25 Yet, racial discrimination has not
19 HANNAH ARENDT, THE ORIGINS OF TOTALITARIANISM 296 (1968).
20 See Convention Relating to the Status of Stateless Persons art. 1,
Sept. 28, 1954, 360 U.N.T.S. 117 [hereinafter 1954 Statelessness Convention]
(defining the term “stateless person” as a person “who is not considered as a
national by any State under the operation of its law”).
21 See INST. FOR S TATELESSNESS & INCLUSION, THE WORLD’S
STATELESS 29 (2014) (arguing that statelessness is a gateway to further human
rights abuses). See also LINDSEY N. KINGSTON, FULLY HUMAN: PERSONHOOD,
CITIZENSHIP, AND RIGHTS (2019) [hereinafter KINGSTON, FULLY HUMAN]
(arguing that statelessness is an example of how basic human rights are
threatened whenever a person’s relationship to the state is weakened or
destroyed).
22 See generally Michelle Foster & Hélène Lambert, Statelessness as a
Human Rights Issue: A Concept Whose Time Has Come, 28 INT’L J. REFUGEE L.
564 (2016) (analyzing the developments in international campaigns to address
statelessness).
23 Other relevant causes of statelessness include gender discrimination,
state succession, gaps in nationality laws, conflicting nationality laws,
migration, and administrative barriers to birth registration. See Michelle Foster
et al., Part One: The Protection of Stateless Persons in Australian Law—The
Rationale for a Statelessness Determination Procedure, 40 MELBOURNE L. REV.
401, 408–09 (2017).
24 de Chickera & Whiteman, supra note 1, at 103.
25 See Lindsey N. Kingston, Worthy of Rights: Statelessness as a Cause
and Symptom of Marginalisation, in UNDERSTANDING STATELESSNESS 17
(Tendayi Bloom et al. eds., 2017) [hereinafter Kingston, Worthy of Rights]. See
also Lindsey N. Kingston & Saheli Datta, Strengthening the Norms of Global
Responsibility: Structural Violence in Relation to Internal Displacement and
Statelessness, 4 GLOB. RESP. TO PROTECT 475 (2012) (emphasizing the political
vulnerability of stateless people).