Introduction
The numbers involved are staggering. According to the latest
estimates available, the number of migrants globally was over 244
million in 2015. In the same year, there were roughly 65 million
forcibly displaced people, a figure that included over 21 million
refugees, 3 million asylum seekers, and more than 40 million
internally displaced persons.9
By 2018, the number of refugees worldwide had increased to
25.9 million, with half of them under the age of 18. Four fifths of
all the refugees live in countries neighbouring their own, and this
phenomenon is true for South Asia as well. South Asia is home to
2.6 million migrants—10 per cent of the world’s total. Of these 2.6
million, Pakistan hosts 54 per cent and Bangladesh 35 per cent.10
Perhaps the most vulnerable are people who are known as the
stateless. As defined by the UN, a stateless person is one ‘who is
not considered as a national by any State under the operation of its
law’.11 She may be a refugee having fled persecution in one state,
but not recognised by the host country; denied citizenship in her
country of birth, because the state does not recognise her;12 or
simply an undocumented person, without formal recognition in
her own country. Common to these pathways is the active denial
of nationality to specific groups, since the right to nationality is
essential to facilitating the actualisation of all other fundamental
human rights. While international law provides that all persons
have the right to a nationality, states still retain the right to
determine how nationality is acquired.13
session, (New York: United Nations General Assembly, 2016) https://reliefweb.
int/report/world/new-york-declaration-refugees-and-migrants-draft-resolutionreferred-high-level-plenary.
9 Ibid.
10 ‘About Us: Figures at a Glance,’ United Nations High Commissioner for
Refugees, accessed February 11, 2020, https://www.unhcr.org/en-us/figures-at-aglance.html.
11 United Nations High Commissioner for Refugees, Convention Relating to
the Status of Stateless Persons, (Geneva: United Nations High Commissioner for
Refugees, 1954) https://www.unhcr.org/en-lk/protection/statelessness/3bbb25729/
convention-relating-status-stateless-persons.html.
12 This includes the refusal to recognise the offspring of female citizens and
their foreign spouses as citizens, a category in which lies Nepal, the only such
South Asian country.
13 Asha Bangar, ‘Statelessness in India: Statelessness Working Paper
Series’(Institute on Statelessness and Inclusion, 2017), accessed February 25, 2020,
http://www.institutesi.org/WP2017_02.pdf.
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