3. ENSURING THAT TODAY’S REFUGEES ARE NOT TOMORROW’S STATELESS:
SOLUTIONS IN A REFUGEE CONTEXT
to access travel documents (in particular if they are unable to access
protection from the only State that they have ever known). Indeed, it
may be awkward to even speak about “return” in the case of individuals
who, though considered to be “refugees” may have been born and lived
their entire lives in the host country. Such individuals may find it hard
to access rights in the country of their supposed nationality, because
they are unable to speak the national language or because they are
unable to assert belonging at the local level, critical to accessing land
and other resources. Indeed, in the case of Rwanda and the tripartite
agreement with the Democratic Republic of the Congo, the very right
to repatriate under facilitated return itself was in question for those
who were seen as not legitimately Congolese. However, it is certainly
clear that if appropriate preventative action is not taken to resolve
prolonged exile, over time tens of thousands of former refugees are
likely to become stateless.
Furthermore, it is important to note that this challenge is not unique
to the Great Lakes region. For instance, former Cambodian refugees
in Vietnam who did not return to Cambodia following cessation of
their refugee status and lost their ties to Cambodia, such that they
were recognised as being stateless, were eventually granted facilitated
naturalisation in Vietnam. Many (former) refugees from Liberia are
currently stranded in exile because they have not been able to secure
recognition and re-documentation of their Liberian nationality; and
refugees in, for instance, Europe and the United States of America
from the former Soviet Union who missed out on citizenship because
they were in exile at the time of dissolution therefore may have failed
to qualify for or secure nationality of one of the successor States. As
these multiple examples demonstrate, a stronger emphasis on local
integration and political will by host States in this regard, up to and
including de jure naturalisation, may be an important way of both
preventing and solving statelessness.
This chapter looks at three case studies in order to explore the
complex interaction between the problems of forced displacement
and statelessness. Common throughout the cases are a number of key
components that revolve around the challenges of statelessness. First,
statelessness is a legal issue. Despite the shaky political ground on
which notions of national belonging often rest in the Great Lakes region,
citizenship at the national level remains a crucial form of protection
and access to resources. Without formal legal recognition of status, as
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